Section 6-B1123. COMPENSATION COMPARABILITY SYSTEM

 

1123.1Except as specifically indicated, and except for officers and members of the Metropolitan Police Department and the Fire and Emergency Medical Services Department, §§ 1123 through 1199 apply to employees in the Career, Legal, Excepted, and Management Supervisory Services appointed under the authority of titles VIII, VIII-B, IX, and IX-A, respectively, of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq. (2001)).

 

1123.2The provisions of a collective bargaining agreement shall take precedence over the provisions of these sections for those employees covered by the agreement, to the extent that there is a conflict.

 

1123.3Whenever in these sections it is provided that a decision may be made or an act may be taken by the Director of Personnel, by a personnel authority, by an agency head, or by another designated official, then that authority may be delegated to his or her designee, unless specifically indicated otherwise.

 

1123.4The provisions of the Fair Labor Standards Act (FLSA), as amended, shall apply.

 

1123.5For the purposes of determining rates of basic pay in this chapter, a rate of basic pay established pursuant to a collective bargaining agreement and applied to a salary or rate schedule shall be deemed to be a separate salary or rate schedule.

 

1123.6Compensation for an employee subject to this chapter shall be based on the principles set forth in § 1103 of the CMPA (D.C. Official Code § 1-611.03 (2001)).

 

1123.7When the pay authority finds the rates of pay in local, State, and private enterprise for one (1) or more occupations to be substantially above the rates of pay of District government employees in like occupations as to handicap the District’s recruitment or retention of well-qualified individuals, the pay authority may establish higher minimum rates of basic pay for one (1) or more grades, occupational groups, or series and may make corresponding increases in all step rates of the pay range for each grade.

 

1123.8Higher minimum rates as specified in § 1123.7 shall be established on a special salary or special rate schedule by a Mayor’s Order or Wage Order.

 

1123.9The Director of Personnel shall conduct a periodic review of each special salary or special rate schedule to determine whether there is a continuing need for the schedule and shall revise, modify, or adjust each schedule, as appropriate.

 

1123.10Whenever a personnel authority or an agency head believes higher minimum rates are necessary for a position or occupation because of the existence of the conditions specified in § 1123.7, he or she may submit recommendations to the Director of Personnel proposing the establishment of a special salary or special rate schedule for that position or occupation.

 

1123.11When an employee is receiving a higher minimum rate immediately before a Mayor’s Order or Wage Order increase, the employee’s rate of basic pay shall be adjusted by the same percentage and on the same effective date as the Mayor’s Order or Wage Order increase.

 

1123.12The Director of Personnel shall issue procedures to implement these regulations.

 

1123.13The Office of the Chief Financial Officer shall ensure that compensation is paid in compliance with the CMPA and these regulations.

 

source

Final Rulemaking published at 52 DCR 934 (February 4, 2005).