(b) The commission and council may not delegate any of the following duties to the Compensation Planning and Review Committee or the Job Classification Committee:
(1) Approval of a classification and compensation rule;
(2) Approval of the job evaluation plan;
(3) Approval of the annual market salary schedule; and
(4) Approval of the annual minimum salary schedule.
(c) The market salary structure serves as the basis for the following activities:
(1) Evaluating compensation of classified employees in relation to appropriate external markets; and
(2) Developing the minimum salary schedules to be adopted by the commission and council.
(d) The market salary structure shall meet the following criteria:
(1) Sets forth the number of pay grades and steps to be included in the structure;
(2) Includes a midpoint value for each pay grade which represents the average salary of jobs in that pay grade. The commission and council may choose a midpoint value that is not based exclusively on market salary data; and
(3) Includes minimum and maximum step values based on an established range spread, as well as values for other steps in the salary structure.
(e) The commission and council jointly shall contract with an external vendor to conduct a classified employee market salary study at least once within each five-year period. At the conclusion of the study, the commission and council, in consultation with the Compensation Planning and Review Committee, may take any combination of the following actions:
(1) Adjust the number of pay grades and the point values necessary for a job to be assigned to a particular pay grade;
(2) Adjust the midpoint differentials between pay grades better to reflect market conditions; or
(3) Adjust the range spread for any pay grade.
(f) The commission and council jointly may perform an annual review of market salary data to determine how salaries have changed in the external market. Based on data collected, the commission and council jointly in consultation with the Compensation Planning and Review Committee, shall adjust the market salary structure, if changes are supported by the data. In the absence of a market salary study conducted by an external vendor, the commission and council may not adjust the midpoint differentials between pay grades unless required to do so by a change in minimum wage or other laws and may not adjust the range spread for any pay grade.
(g) Annually, the commission and council may approve a minimum salary schedule that sets forth a compensation level for each step and pay grade below which no organization employee may be paid.
(1) The minimum salary floor for each pay grade and step on the minimum salary schedule is determined by applying the percentage fixed by commission and council rule promulgated pursuant to section seven of this article to the annual market salary data. The commission and council also shall consider the minimum wage and other laws that ensure that employees earn a living wage and shall maintain a salary structure which ensures that the average salary of each class of employees meets relative market equity among employee classes. The commission and council may take into consideration other factors they consider appropriate.
(2) The salary of an employee working fewer than thirty-seven and one-half hours per week shall be prorated.
(h) The organization rule promulgated pursuant to (d), section seven of this article may provide for differential pay for certain employees who work different shifts, weekends or holidays. Note: WV Code updated with legislation passed through the 2012 1st Special Session