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Since 2012, I have worked full-time as a county employee in

Customer Question
NH. The Labor Grade...
Since 2012, I have worked full-time as a county employee in NH. The Labor Grade for the position I hold is listed by our Human Resource Department as "5". Many months ago I discovered a new position had been created and filled entitled "Dual Licensed Clinician" at Labor Grade 7 ($10 per hour more than grade 5). Although the language in my my Job Description does not include "Dual Licensed Clinician" - the preference for two different license is stated - and according to NH State Law standards of practice for the services involved in this job, two distinctly different license are required. The recently added Job Title of Dual Licensed Clinician include similar responsibilities of mine, however, do not include supervisory responsibilities, program developing, staff training, and budget management. The issue of "Dual Licensure" was addressed and acknowledged by my employer in 2013- but no discussion regarding Labor Grade at that time. I brought the Labor Grade discrepancy to my supervisor's attention in October and requested the Labor Grade for my position be revised to Grade 7. No action has been taken to date-- I was told this would be addressed at next budget review (February 2016)
My questions:
1) What - if any in NH - employment laws support my request of my employer to update the Labor Grade of my position from 5 to 7 ?
2) What NH employment law would support my request for "retroactive" pay based on the addition of the new Grade 7 position entitled "Dual Licensed Clinician"
Submitted: 1 year ago.Category: Employment Law
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Customer reply replied 1 year ago
since my hire, my performance evaluations have been "excellent" resulting in "merit raises"
Answered in 7 hours by:
12/29/2015
Employment Lawyer: Marsha411JD, Lawyer replied 1 year ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,427
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. This issue is more of an administrative issue than a statutory one. By that I mean that there are no general employment laws that give most employees the right to ever request or demand a review of their position descriptions or classifications. However, because you are a State employee, there are some administrative rules that give you certain rights to request reclassification. In addition, if you are in a union, then you can grieve certain actions or non-actions by your employer. For what your bargaining agreement might cover under this circumstance you will have to discuss that with your union representatives. However, for the general administrative rules concerning requests for reclassification, which your employer must follow, you can go to the following link: http://www.admin.state.nh.us/hr/comp.html

That link provides specific instructions, answers FAQ about this issue, and also provides links to the State's employment policies and procedures. If your employer does not follow their own rules and regulations then, at that time, you may have a cause of action against them. However, if they do follow their rules and yet do not reclassify your position, then unless they have violated any bargaining agreement that you might work under, or have targeted you for different treatment only because you are in a protected class under employment discrimination laws, you would not generally have any recourse.

Please feel free to ask for clarification after you have read all of the guidance at the link I have provided and spoken to your union rep, if you have one. If no further assistance is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you.

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Employment Lawyer: Marsha411JD, Lawyer replied 1 year ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 29th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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Marsha411JD
Marsha411JD
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