- PURPOSE & SCOPE.
- The University seeks to design and administer a fair and flexible compensation
program for its Classified and Non-Classified Employees that allows the University
to attract, retain, and motivate high performing employees.
- This Rule outlines the guiding principles for establishing a classification
and compensation program for Classified and Non-Classified Employees. Faculty
positions are not covered by this Rule.
- OVERVIEW OF PHILOSOPHY AND RESPONSIBILITIES OF THE CLASSIFICATION AND COMPENSATION
PROGRAM.
- The Vice President for Talent and Culture shall design and administer a classification
and compensation program that aligns with the University’s mission, vision,
and values and meets the following objectives:
- Attracting and retaining a high performing, qualified and diverse workforce;
- Motivating and rewarding Classified and Non-Classified Employees for high
levels of performance;
- Competing within comparable labor markets; and
- Providing flexibility to respond to changes in the labor market, within
available financial resources.
- The Vice President for Talent and Culture shall analyze emerging trends and
changing circumstances that impact compensation in order to keep the compensation
program consistent with best practices and make any appropriate changes to
the classification and compensation program. The Vice President for Talent
and Culture shall obtain the approval of the Board prior to implementing
any change that would make fundamental, systemic changes to the overall classification
and compensation program.
- The Vice President for Talent and Culture shall develop and maintain job titles,
pay ranges, and alignment of job titles to respective pay ranges for all
Classified and Non-Classified Employees; and implement the Staff Structure
for Classified Employees.
- Units are most familiar with work performed in their respective units and the
abilities of the individuals who do the work and therefore Units have the
primary and significant responsibility for determining pay in consultation
with and concurrence of Talent and Culture.
- Job Descriptions
- Development and Maintenance of Standardized Job Descriptions. Talent and
Culture shall develop and maintain a standardized job description for
all Classified Employee job titles and, where appropriate, Non-Classified
job titles. The current and existing library of standardized job descriptions
shall serve as the initial set of standardized job descriptions and may
be updated and modified by the Vice President for Talent and Culture,
as appropriate.
- Development and Maintenance of Individual Job Descriptions. Units shall
develop individualized job descriptions for all Classified and Non-Classified
positions and submit the job descriptions to Talent and Culture. Talent
and Culture shall maintain completed individual job descriptions.
- Individual job descriptions must include a summary of the essential
duties and the level of the work performed.
- To maintain accurate job descriptions, supervisors shall periodically
review individual job descriptions and notify Talent and Culture
if the content of a position undergoes a fundamental change, pursuant
to the provisions of Section 7 of this Rule.
- INITIAL JOB TITLE ASSIGNMENT AND COMPENSATION FOR CLASSIFIED EMPLOYEES.
- The job titles in place as of the adoption of this Rule shall remain in effect
until otherwise modified by the Vice President for Talent and Culture.
- The Staff Structure remains in effect until otherwise modified by the Vice
President for Talent and Culture.
- Standardized and individual job descriptions for Classified Employees in place
as of the adoption of this Rule shall remain in effect until otherwise modified
by a Unit or by Talent and Culture, as applicable.
- Pursuant to the provisions of Sections 3.1, 3.2, and 3.3, Classified Employees
shall retain their respective classification, current job titles, job descriptions,
and compensation until otherwise modified pursuant to actions taken consistent
with this Rule or other administrative policy, except as set forth in West
Virginia Code §18B-9A-2.
- DETERMINATION OF CLASSIFICATION STATUS, JOB TITLE, JOB DESCRIPTIONS, AND
COMPENSATION OF CLASSIFIED EMPLOYEES.
- Prior to posting or reviewing a position, a Unit shall submit to Talent and
Culture a set of proposed position duties, responsibilities, functions, skills,
education, and experience required for the position. Talent and Culture
shall then determine whether a position is Classified or Non-Classified.
- If the position is deemed Classified, then Talent and Culture shall evaluate
the submitted duties, responsibilities, functions, and the skills, education,
and experience required for the position and compare those factors to the
standardized job descriptions. Following this analysis, Talent and Culture
shall assign a job title to the position. In undertaking this analysis, Talent
and Culture will no longer evaluate the submitted duties and responsibilities
using a point factor methodology.
- Talent and Culture shall then slot the position into the corresponding range
in the Staff Structure for the chosen job title, and the Unit shall then
determine the individual’s compensation level pursuant to Section 6.
- DETERMINING JOB TITLE, JOB DESCRIPTION, AND COMPENSATION OF NON-CLASSIFIED
EMPLOYEES.
- If Talent and Culture deems a job posting or review as Non-Classified, Talent
and Culture shall evaluate a position’s submitted duties, responsibilities,
functions, skills, education, and experience required for the position, as
provided by the respective Unit, and then compare those factors to internal
and external jobs to determine the job title and the corresponding pay range
for the position.
- Following Talent and Culture’s determination of the pay range, the Unit shall
then determine the individual’s compensation level, pursuant to Section 6.
- COMPENSATION ELEMENTS.
- Once a Classified or Non-Classified position has been slotted in the appropriate
job title and assigned to the appropriate pay range, the Unit shall assess
the individual’s qualifications and make a salary determination within the
designated range after consultation with and the concurrence of Talent and
Culture. The individual’s placement in the respective pay range involves
an assessment of elements such as education, experience, skill measures,
performance, internal salary equities, and any budget parameters established
by the Board of Governors or the President.
- A Classified or Non-Classified Employee’s compensation may include any of the
following elements, consistent with the West Virginia Code and the West Virginia
Constitution:
-
Base Compensation
, defined as the hourly rate or salary.
-
Annual Increment
, defined as the annual lump sum payment based on years of state service
multiplied by a flat dollar amount contemplated by the West Virginia
Code §5-5-2.
-
Incentive Compensation
, defined as one-time payments based on (i) the achievement of previously
defined, objective quantifiable metrics over a defined time period; (ii)
incentive to motivate an employee to remain employed in current position
until a certain date; or (iii) other contractual agreements, including
substantial work on projects deemed critical to the department, division,
or institution.
-
Shift Differential Compensation
, defined as additional compensation for hours worked that are deemed
outside the typical business schedule by the University.
-
Emergency Call-in Compensation
, defined as compensation for applicable, regular, non-exempt employees
who respond to a request for emergency call-in shall be guaranteed a
minimum of two and one-half (2.5) hours of compensation, at the applicable
rate of pay, for each occasion in which the employee responds in an emergency
call-in situation, at the request of management.
-
Overtime and Holiday Compensation
, defined as compensation for applicable, eligible employees who are
required to work Overtime, or during a Holiday or Emergency Closure shall
be eligible for additional pay.
-
Compensatory Time-Off (CTO)
, may be offered by a supervisor to an eligible, non-exempt employee
in lieu of overtime pay.
- Other compensation elements may be considered as deemed appropriate by
the Vice President for Talent and Culture.
- A Classified or Non-Classified Employee’s compensation shall not be placed
below the minimum of the selected range for the selected job title. Any instance
of a Classified or Non-Classified Employee’s compensation outside of the
established pay range for the selected job title must be approved by the
Vice President for Talent and Culture. Pay ranges may be adjusted from
time to time based on market changes,
see Section 9 below.
- JOB CHANGE ADJUSTMENTS FOR EXISTING CLASSIFIED OR NON-CLASSIFIED EMPLOYEES.
- A Unit may request that Talent and Culture review a Classified or Non-Classified
Employee’s individual job description to determine whether the individual’s
job description, as modified to fit current duties, amounts to a fundamental
change compared to the employee’s previous individual job description, to
determine whether the employee should be assigned to a new job title and
corresponding pay range.
- If Talent and Culture determines that a
significant
change in duties and responsibilities has occurred such that there is a fundamental
change in the position, then Talent and Culture shall assign the Classified
or Non-Classified Employee’s position to a new job title. A fundamental change
is a change in the relative worth of the position in achieving an organization’s
objectives and is assessed by considering a number of factors, including
the duties and responsibilities, essential requirements, qualifications,
experience, and skills required to perform the position. It is not sufficient
that there be a mere change in the volume of work.
- In determining whether a fundamental change has occurred, Talent and Culture
shall consider the following:
- the current job description of the incumbent in relation to the work actually
being or proposed to be performed;
- changes that have occurred to the position, considering the duties, responsibilities,
essential requirements, and organizational hierarchy of the role;
- comparable positions to ensure equity and consistency in measurement of
work value within the unit and across the University;
- the ongoing nature of the changes to the duties, responsibilities, and
essential requirements; and
- other factors deemed appropriate by Talent and Culture.
- The following factors do not justify a job change adjustment:
- the incumbent Classified or Non-Classified Employee’s performance in the
position;
- the length of service or time in the position;
- the education beyond the minimum required education of the job title, including
but not limited to obtaining additional degrees in a field not related
to the Classified or Non-Classified Employee’s current job duties;
- the knowledge, skills, and abilities of the incumbent Classified or Non-Classified
Employee that are not directly relevant to the position under review;
- any differences in job change adjustments in other Units;
- any temporary duties (not including interim assignments) performed in addition
to the incumbent Classified or Non-Classified Employee’s regular position
description duties or a one-off project (such circumstances may warrant
a supplemental pay adjustment); or
- efforts to undertake a job change adjustment to retain an incumbent Classified
or Non-Classified Employee (such circumstances may warrant a critical
retention adjustment).
- If Talent and Culture determines that a fundamental change has occurred, then
Talent and Culture shall assign the Classified or Non-Classified Employee
to the most appropriate job title consistent with the employee’s new duties
and responsibilities.
- For Classified Employees, the determination of the most appropriate job
title shall be determined by undertaking the analysis contemplated by
Section 4.2.
- For Non-Classified Employees, the determination of the most appropriate
job title shall be determined by undertaking the analysis contemplated
by Section 5.1.
- The effective date of a job change adjustment and any accompanying salary adjustment
should generally follow the date of approval by Talent and Culture.
- COMPENSATION ADJUSTMENTS FOR EXISTING CLASSIFIED OR NON-CLASSIFIED EMPLOYEES.
- A Unit may, after consultation with and concurrence by Talent and Culture,
modify a current Classified or Non-Classified Employee’s compensation for
one of the following reasons, provided it comports with the West Virginia
Code and the West Virginia Constitution:
-
Performance-Based Merit Adjustments
: Performance-based merit adjustments are designed to reward employees’
performance and should not be treated as a cost of living adjustment.
These adjustments should be tied to an employee’s annual performance
evaluations and may be either base adjustments or one-time, lump sum
payments.
-
Market Adjustments:
Market adjustments may be requested when the employee’s placement within
the pay range is not consistent with relevant external market data, where
individual pay circumstances require consideration of external market
data for similar jobs, or in instances with high turnover or low supply
of qualified applicants. Market adjustments may only be an increase to
an employee’s base pay, and not a one-time payment.
-
Critical Retention Adjustments:
Critical retention adjustments are intended to retain an employee that
occupies a critical position to the mission of the University. Critical
retention adjustments should be reserved for a job involving unique skills,
experience, or knowledge or jobs that are extremely hard to fill. Critical
retention adjustments may only be an increase to an employee’s base pay,
and not a one-time payment.
-
Job Change Adjustments:
A job change adjustment pursuant to Section 7. A Job Change Adjustment
may only be an increase to an employee’s base pay, and not a one-time
payment.
-
Supplemental Pay Adjustments:
Supplemental pay is used to compensate employees performing additional
responsibilities that are functionally different or broader in scope
than the current assignment. Supplemental pay adjustments may only be
an increase to an employee’s base pay, and not a one-time payment.
- Other adjustments may be considered as deemed appropriate by the Vice President
for Talent and Culture.
Provided, that any inequities between employees’ compensation within
the same job title may not alone justify an adjustment to compensation.
- MARKET ANALYSES, PROGRAMMATIC CHANGES, AND QUARTERLY CONSULTATION WITH STAFF
COUNCIL.
- The Vice President for Talent and Culture shall periodically, but at least
once every five years, undertake a comprehensive study of market salaries
to facilitate a review of established pay ranges and job titles at the University.
Additionally, the Vice President for Talent and Culture shall undertake
informal reviews of the market salaries at least three years after each comprehensive
study is completed.
- Nothing in this section or Rule shall prohibit the Vice President and Talent
and Culture from modifying pay ranges, job titles, and standardized job descriptions
in the absence of a comprehensive market study.
- DEFINITIONS.
- All defined terms for this Rule are contained within the Definitions Section
of Board of Governors Talent & Culture Rule 3.1, unless the text clearly
indicates a different meaning.
- DELEGATION.
- The Board of Governors delegates to the Vice President for Talent and Culture
the ability to adopt internal human resource policies and procedures in order
to implement the provisions of this Rule. Any actions taken pursuant
to this delegation must be consistent with the guidelines provided by this
Rule.
- To the extent federal and state law is inconsistent with this Rule and it is not possible for the University to comply with all, applicable law will govern. Accordingly, Talent and Culture, with advice from the Office of General Counsel, has the discretion to implement any necessary changes in order to comply with legal obligations.
- AUTHORITY.
- The Fair Labor Standards Act of 1938, as amended 29 U.S.C. 201, et seq.
- W. Va. Const. Art.VI, §38.
- W. Va. Code §6C-2-1, et seq., §18B-1-6, §18B-2A-4, §18B-7-10; §18B-9A-2 and
§18B-9B-1
- SUPERSEDING PROVISIONS.
- This Rule supersedes and replaces Higher Education Policy Commission (“HEPC”)
Series 8 (W. Va. Code R. §§ 133-8-1 to -19), which was adopted November,
22, 2001; and repealed June 22,2018; HEPC Series 14 (W. Va. Code R. §§ 133-14-1 to -6), which was adopted December 1, 2019; HEPC Series 38 (W. Va. Code R. §§ 133-38-1 to -13), which was adopted November 19, 1992; HEPC Series 39 (W. Va. Code R. §§ 133-39-1 to -8), which was adopted September 5, 1996 and repealed June 22, 2018; HEPC Series 53 (W. Va. Code R. §§ 133-53-1 to -17), which was adopted May 2, 2013 and repealed March 29, 2019; HEPC Series 55 (W. Va. Code R. §§ 133-55-1 to -27, including Appendix A), which was adopted June 4, 2018, and any other current or subsequent Rule of the HEPC which relates to the subject matter contained within this Rule. This Rule also repeals and supersedes WVU BOG Policy 29 – Salary Policy, which was adopted on October 5, 2001, and amended on November 16, 2012; WVU BOG Policy 53 – Emergency Call-In and the related procedure, which was adopted May 1, 2009; and any other Human Resources policy or procedure which relates to the subject matter contained within this Rule.
History
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Proposed -
Proposed BOG Talent and Culture Rule 3.3 - Classification and Compensation.
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Final -
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