My question involves labor and employment law for the state of: Florida
Do FL pay statutes for state employees like Section 110.603, FS (quote below) create a legal obligation for FL's HR department (DMS) to establish fair pay bands, similar to a minimum wage law? If so and bands are inappropriate, can a lawsuit be filed against the state for negligence of other cause of action to increase the bands to appropriate levels?
Statute: "The department (DMS) shall adopt a classification plan and a pay plan consisting of pay bands appropriate to the positions included in the Selected Exempt Service and which provides for salary increases based on performance. Such pay bands shall be designed to attract and retain qualified personnel for the Selected Exempt Service."
For example, suppose a FL state agency established a pay band for a group of SES medical doctors well below the expected pay band (for example $30K/year vs. $100K/year) despite the agency having the financial ability to pay market value for MD compensation. The pay band is so inappropriate the agency has an obvious problem attracting and retaining quality doctors. Are the doctors that choose to remain employed with this agency essentially just donating their time or are they legally entitled to appropriate/competitive-to-market pay as suggested by sec. 110.603?
Do FL pay statutes for state employees like Section 110.603, FS (quote below) create a legal obligation for FL's HR department (DMS) to establish fair pay bands, similar to a minimum wage law? If so and bands are inappropriate, can a lawsuit be filed against the state for negligence of other cause of action to increase the bands to appropriate levels?
Statute: "The department (DMS) shall adopt a classification plan and a pay plan consisting of pay bands appropriate to the positions included in the Selected Exempt Service and which provides for salary increases based on performance. Such pay bands shall be designed to attract and retain qualified personnel for the Selected Exempt Service."
For example, suppose a FL state agency established a pay band for a group of SES medical doctors well below the expected pay band (for example $30K/year vs. $100K/year) despite the agency having the financial ability to pay market value for MD compensation. The pay band is so inappropriate the agency has an obvious problem attracting and retaining quality doctors. Are the doctors that choose to remain employed with this agency essentially just donating their time or are they legally entitled to appropriate/competitive-to-market pay as suggested by sec. 110.603?
Compensation and Overtime: State Employee "Appropriate" Pay Bands
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