|CSL § 117
|The Civil Service Law provides for a Classification and Compensation Division in the Department of Civil Service, and a Director of Classification and Compensation. The Director is responsible for ascertaining and recording the duties and responsibilities of positions in the classified service of the State, classifying such positions, and allocating salary grades for competitive, non-competitive and-in his/her discretion-labor class positions. All positions, with the exception of part-time, exempt and some temporary and labor class positions, are assigned (allocated) to a salary grade as specifically set forth in the Civil Service law. All positions in the same title, unless unallocated, are in the same salary grade. With the exception of the professional service of SUNY, members of the Division of State Police, and positions in the Division of Military and Naval Affairs and a few smaller organizations, all positions in State government are under the jurisdiction of the Classification and Compensation Division. Positions with similar duties having the same qualifications and requiring the same examination are generally classified under the same title.|
|CSL § 120||Most classification actions are initiated by applications to the Director of Classification and Compensation. An agency appointing officer may request the classification and salary allocation of a new position or the reclassification (change in title) or reallocation (change in salary grade) of an existing position or title. An employee may also apply for the reclassification or reallocation of his or her own position and/or title but may not, however, request the establishment of a new position. In the event that an employee or an appointing officer disagrees with a classification determination, an appeal of the determination may be brought to the Civil Service Commission. The appeal must be filed within 60 days of the receipt of the determination.|
|CSL § 121.1
|Any determination to classify, allocate, reclassify or reallocate a position takes effect on the first day of the fiscal year after approval by the Director of the Budget and funds are appropriated. An employee affected by such a change has no legal entitlement to any back dated salary adjustment.|
|CSL § 121.3
|An employee whose position is reclassified does not automatically receive permanent status in the new title. The individual may have to qualify through the competitive examination process. Judgments are made on an individual case-by-case basis depending upon the changes in duties and responsibilities that supported the change in title and/or grade level.|
|CSL § 121.2||In those cases where a permanent employee's position is reclassified to a lower grade level, the affected employee's salary will not be reduced as a result of the action and, in a similar situation, the salary of a permanent incumbent of an unallocated position will not be reduced when that position is allocated to a salary grade.|
|Except for those employees considered Managerial/Confidential, there are seven bargaining units into which most employees are grouped. The Civil Service Law sets forth the salary schedules that are applicable to each specific unit. Newly hired employees receive the hiring rate of the salary schedule unless an increased hiring rate has been approved by the Director of Classification and Compensation and the Director of the Division of the Budget. Increased hiring rates may be approved based on recruitment difficulties and/or the outstanding qualifications of a particular candidate.|
|Hiring to Job Rate|
|CSL § 131.2
|Movement from the hiring rate to the job rate (maximum) is determined by an evaluation of performance as prescribed in the applicable performance evaluation plan developed by the Governor's Office of Employee Relations. Employees promoted to a higher grade level receive the hiring rate of the new grade or an increase in their present salary of 1-1/2 percent plus 1-1/2 percent for each grade advanced, whichever results in a higher salary.|
|CSL § 130.6
|In addition to the scheduled salary rates, an employee's total salary may be affected by location compensation, inconvenience pay, geographic area pay differentials and/or shift pay differentials. Location pay, as negotiated with employee unions, is added to the base pay of all employees, including those designated as Managerial/ Confidential, located in New York City, and in the Counties of Monroe, Rockland, Westchester, Suffolk, Nassau, Dutchess, Orange and Putnam. Inconvenience pay, as negotiated with employee unions, is added to the base pay of all employees regularly assigned to evening or night shifts.
Both geographic and shift pay differentials are administrative tools intended to facilitate recruitment and retention of employees in those areas where salaries and employment practices of other employers adversely affect the ability of the State to recruit and retain a competent work force. Both require the approval of the Director of Classification and Compensation and the Director of the Division of the Budget, and are selectively applied. A geographic pay differential is an amount of money added to the pay range of a salary grade for selected titles in a specified location of the State. In a similar manner, shift pay differentials are approved for selected titles in a specified area for those employees working evening or night shifts on a regular basis.