Chapter 3 – Personnel, Training, and Employee Relations

31130.9 Out‑of‑Class Compensation

• Employees designated managerial or exempt are not covered by specific provisions governing out-of-class assignment and are not entitled to out-of-class compensation.

  • Represented Employees

    • A number of negotiated MOUs provide for compensating represented employees for temporary out-of-class acting assignments. Refer to the specific MOUMemorandum Of Understanding and DPADepartment of Personnel Administration (see CalHR) Rule 599.810.

  • Supervisory/Confidential

    • Supervisory and confidential employees who are assigned out-of-class acting assignments may be compensated for performing duties of a higher classification if:

      • The assignment is made in writing prior to performing the duties, and the employee is given a copy of the assignment.

      • The Director certifies that funds are available within the Department’s current budget.

      • The employee assumes the full range and scope of duties of the higher class.

      • The employee performs such duties for more than 15 consecutive working days but no more than 120 calendar days in a fiscal year. (Paid time off shall not break the continuity of work in the higher class.) An employee may be assigned out-of-class work for more than 120 days during a fiscal year only if the Department files a written statement with DPADepartment of Personnel Administration (see CalHR).

  • Assignment Process

    • See Section 31060 of this manual for temporary out-of-class acting assignment and approval process.

  • Pay Differential

    • Supervisory or confidential employees performing in a higher class for more than 15 consecutive working days shall receive a five percent pay differential or the differential the employee would receive if promoted to the higher class, whichever is greater, for the duration of the assignment.

    • These pay differentials are not part of an employee’s base pay for the purpose of other salary transactions related to subsequent appointments.

  • Payment

    • The supervisor of an employee working an out-of-class assignment submits a memorandum to the local personnel office at the end of each pay period. The memorandum shall contain the following information:

      • Name of unit or division.

      • Name of employee.

      • A statement clarifying the reason(s) for the out-of-class assignment.

      • Signed copy of approved out-of-class assignment.

      • Dates employee worked and number of hours, if less than full-time.

      • Signature of supervisor.

    • A denial of an out-of-class compensation claim by the departmental personnel officer may be appealed directly to the Chief Deputy Director, DASDivision of Administrative Services (see ASB).