Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Scope.
This part applies to:
A. a jurisdiction with three or fewer
male-dominated classes;
B. a
jurisdiction with four or five male-dominated classes, when the jurisdiction
has an underpayment ratio of less than 80.0 percent as explained in part
3920.0500, subpart
6; and
C. a jurisdiction with no salary ranges for
any of its classes, when the jurisdiction has an underpayment ratio of less
than 80.0 percent as explained in part
3920.0500, subpart
6.
Subp. 2.
Criteria for alternative analysis test.
To pass the alternative analysis test, a jurisdiction must
meet one of the following criteria:
A.
an initial review shows that salary, or salary plus benefits, for
female-dominated classes is not consistently below that of male-dominated
classes of comparable work value, as described in subpart
4;
B. for classes with no salary ranges,
differences in years of service explain the underpayment for all underpaid
female-dominated classes, as described in subpart
6;
C. for classes with no salary ranges,
differences in performance, separately or in combination with differences in
years of service, explain the underpayment for all underpaid female-dominated
classes, as described in subpart
7; or
D. for classes with no salary ranges,
combined differences in years of service and performance explain the
underpayment for some of the underpaid female-dominated classes, and the
remaining number of underpaid female-dominated classes is 20.0 percent, or
less, of female-dominated classes in the jurisdiction, as explained in subparts
6 and
7.
Subp. 3.
Basis for alternative analysis.
The analysis is based on the maximum monthly salaries and job
evaluation ratings listed in the jurisdiction's implementation report, except
as described below. If the jurisdiction has no salary ranges, the analysis is
based on the highest actual salary paid for each class. If a jurisdiction
provides different benefits to male-dominated and female-dominated classes of
comparable work value, and if those differences represent a disadvantage to any
female-dominated class, the analysis is based on the jurisdiction's benefits
contribution limit plus the maximum monthly salary, or on the jurisdiction's
benefits contribution limit plus the highest salary actually paid for each
class.
Subp. 4.
Initial review.
The department must conduct an initial review to determine
whether salary, or salary plus benefits, for female-dominated classes is not
consistently below that of male-dominated classes of comparable work value. The
department must examine salary or salary plus benefits for each
female-dominated class using the criteria in items A to D, and must identify
each female-dominated class which is underpaid. For purposes of this part,
"underpaid" means paid less than the level established by these
criteria.
The department must count the number of underpaid
female-dominated classes and calculate underpaid female-dominated classes as a
percentage of all female-dominated classes in the jurisdiction. If 20.0 percent
or a smaller percentage of female-dominated classes are underpaid according to
the criteria in items A to D, the department must find that the jurisdiction
has passed the alternative analysis test. If more than 20.0 percent of
female-dominated classes are underpaid according to these criteria, the
department must proceed as explained in subpart
5.
A. If there are any female-dominated classes
with higher job evaluation ratings than male-dominated classes, and there are
no male-dominated classes with ratings higher than those female-dominated
classes, the amount of salary or salary plus benefits for each of those
female-dominated classes must be equal to or higher than the amounts for each
lower-rated male-dominated class.
B. If there are any female-dominated classes
with job evaluation ratings falling between lower-rated and higher-rated
male-dominated classes, the amount of salary or salary plus benefits for each
of the female-dominated classes must fall between the amounts for the
male-dominated classes.
C. If there
are any female-dominated classes with the same job evaluation ratings as
male-dominated classes, the amount of salary or salary plus benefits for each
of those female-dominated classes must be equal to or higher than the amounts
for any of the male-dominated classes. This criterion does not apply if there
are any male-dominated classes which are rated higher than the female-dominated
class, but which receive salary or salary plus benefits amounts equal to or
lower than the amounts for the female-dominated class.
D. If there are any female-dominated classes
with job evaluation ratings lower than all male-dominated classes, those
female-dominated classes must be compensated as reasonably in proportion to
their job evaluation ratings as other classes in the jurisdiction.
Subp. 5.
Failure to meet initial review standard.
If more than 20.0 percent of female-dominated classes are
underpaid according to the criteria in subpart
4, the department must
determine whether the jurisdiction has salary ranges for its classes.
A. If there is no salary range for one or
more underpaid female-dominated classes, or if there is no salary range for one
or more male-dominated classes with which the underpaid female-dominated
classes are being compared, the department must analyze years of service under
subpart 6.
B. If there are salary ranges for the
underpaid female-dominated class and for all male-dominated classes with which
the female-dominated class is being compared, the department must find that the
jurisdiction has failed the alternative analysis test and is not in
compliance.
Subp. 6.
Years of service.
The department must analyze the years of service for
employees in female-dominated and male-dominated classes in the situation
described in subpart 5, item
A. For each of the underpaid female-dominated classes, the department must
determine whether differences in years of service explain the
underpayment.
The department must then count the remaining number of
underpaid female-dominated classes for which years of service do not explain
the underpayment, and evaluate the result as explained in items A to C.
A. If the remaining number of underpaid
female-dominated classes is 20.0 percent or a smaller percentage of
female-dominated classes in the jurisdiction, the department must find that the
jurisdiction has passed the alternative analysis test.
B. If the remaining number of underpaid
female-dominated classes is more than 20.0 percent of female-dominated classes,
and if the jurisdiction has no salary ranges for any of its classes, the
department must request and analyze any documents about performance differences
submitted by the jurisdiction, as explained in subpart
7.
C. If the remaining number of underpaid
female-dominated classes is more than 20.0 percent of female-dominated classes,
and if the jurisdiction has salary ranges for some or all of its classes, the
department must find that the jurisdiction has failed the alternative analysis
test and is not in compliance.
Subp. 7.
Performance.
In the situation described in subpart
6, item B, if a jurisdiction
reported that documentation of performance differences is available, as
explained in part 3920.0300,
subpart 7, the
department must request the documentation from the jurisdiction. The department
must find that a jurisdiction which does not submit this information within the
time set by the department has submitted an incomplete or inaccurate report, as
explained in part 3920.0700,
subpart 2.
The department must analyze the documentation in each case
where a female-dominated class is underpaid according to subpart
4. For each of these
female-dominated classes, the department must decide whether differences in
performance explain the underpayment, separately or in combination with
information about years of service for classes without salary ranges.
The department must then count the remaining number of
underpaid female-dominated classes for which neither years of service nor
performance explain the underpayment, and evaluate the result as explained in
items A and B.
A. If the remaining
number of underpaid female-dominated classes represents 20.0 percent or a
smaller percentage of female-dominated classes in the jurisdiction, the
department must find that the jurisdiction has passed the alternative analysis
test.
B. If the remaining number of
underpaid female-dominated classes represents more than 20.0 percent of
female-dominated classes, the department must find that the jurisdiction has
failed the alternative analysis test and is not in compliance.
Statutory Authority: MS s
43A.04
