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HR Policy. Terminations —Jon Wright. Terminations , part 2—Daniel Rolfe. June 3 Staffing Plans & MultiSite — Jim Tomberlin . June 10 HR Policy —Eric Rojas. June 17 HR Policy , part 2—Matt Anthony & David Middlebrook . June 24. Operations 101—Staffing
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Terminations—Jon Wright. • Terminations, part 2—Daniel Rolfe. June 3 • Staffing Plans & MultiSite— Jim Tomberlin. June 10 • HR Policy—Eric Rojas. June 17 • HR Policy, part 2—Matt Anthony & David Middlebrook. June 24
Operations 101—Staffing • Operations 102—Communications • Operations 103—Finances • Operations 104—Finances • Operations 105—Facilities Level 1Certificate in Operations
HR Policy / Part IHow To Develop EffectiveEmployment Policies Eric Rojas Executive Pastor Christ Community Church
HR POLICY / PART I • Provides valuable protection for the organization • Provides valuable information to staff (and prospective staff) on expectations of employment • Serves as a resource to supervisors for the management of staff • Promotes consistency within the organization for fairness and equality • Offers a conversant vehicle to address and regulate new/changing issues (i.e. use of social media) Purpose HOW TO DEVELOP EFFECTIVE EMPLOYMENT POLICIES
HR POLICY / PART I • Use a comprehensive template from another church or faith based, non-profit organization • Legal counsel review • Elder/Governing Board approval • Publish Handbook & Employee Sign Off Where to Start ? HOW TO DEVELOP EFFECTIVE EMPLOYMENT POLICIES
HR POLICY / PART I • Statements to protect the organization’s 501c-3 status • Statement of Faith & Position Papers • Legal definitions & policies to limit/reduce potential liability • At-Will Employment Statement (if applicable for your state) • Equal Employment Opportunity Statement (specific for churches) • New Hire Probationary Period • Policies that support the Fair Labor Standards Act • Misconduct or Behavior / Reasons for Termination • Moral Fences for Staff • Youth Protection / Mandated Reporter Guidelines • Sexual Harassment / Ensuring Respect In The Workplace The Basics HOW TO DEVELOP EFFECTIVE EMPLOYMENT POLICIES
HR POLICY / PART I As you go beyond the basics, considering adding policies that detail issues affecting: EMPLOYMENT Staff Structure & Employment Classifications Church Membership, Attendance & Giving Proximity to Church Conflict of Interest Employment of Relatives Internal Transfer Confidentiality of Salary & Wages BENEFITS Benefits for All Classifications of Staff Paid Time Off Provisions to All Leaves (FMLA, Bereavement, Military Service, Workers Comp, etc.) Beyond The Basics HOW TO DEVELOP EFFECTIVE EMPLOYMENT POLICIES
HR POLICY / PART I PERFORMANCE MANAGEMENT Job Descriptions Performance Evaluations Misconduct Discovery vs. Confession of Significant Sin Termination WORKPLACE GUIDELINES Dress Code Emergency Procedures Working From Home Matthew 18 Guidelines Social Media Guidelines Intellectual Property Policy IT Guidelines & Etiquette Travel & Transportation Workplace Safety & Security Beyond The Basics HOW TO DEVELOP EFFECTIVE EMPLOYMENT POLICIES
HR POLICY / PART I Once you have developed your essential HR Policies, consider adding general guidelines and reference information. This is especially helpful for new employees and can be tailored for each individual campus/location: Include information on…. CHURCH ADDRESS, FAX, WEBSITE COMMUNICATIONS STANDARDS TAX EXEMPT NUMBER CHURCH CALENDAR / EVENT APPROVAL DATABASE & SERVER ACCESS RESERVING FACILITY SPACE FORMS & TEMPLATES MARKETING & PRINT MEDIA ORDERING SUPPLIES CHURCH ANNOUNCEMENTS EXPENSE REIMBURSEMENT/APPROVAL FOOD SERVICE CHECKS REQUESTS & TIMELINES MINISTRY SPECIFIC INFO CHILDCARE (I.E. CARING, COUNSELING) LEADERSHIP STRUCTURE The Final Step HOW TO DEVELOP EFFECTIVE EMPLOYMENT POLICIES
HR POLICY / PART I • Document Employee Sign Off • Ensure Accessibility to Staff & Leadership • Review & Revise Regularly • ‘Red’ vs. ‘Blue’ …Flexible Language • Develop a Lay Advisory Team • Share Freely with Disclaimer These HR resources have been designed specifically for Christ Community Church and have been tailored to the specific facts and circumstances relating to Christ Community Church. These resources are provided to you for informational purposes only. Policies, laws and guidelines may vary from state to state, and none of these HR resources should be used as a substitute for the advice of a competent lawyer in your state. Christ Community Church makes no warranty on the information contained in these HR resources, and assumes no legal responsibility or liability for the accuracy or completeness of the content of the resources. Policies Regarding The Policies HOW TO DEVELOP EFFECTIVE EMPLOYMENT POLICIES
HR Policy / Part IThe Fair Labor Standards Act Eric Rojas Executive Pastor Christ Community Church
HR POLICY / PART I • Coverage • Minimum Wage • Overtime Pay • Youth Employment • Recordkeeping Major Provisions FAIR LABOR STANDARDS ACT (FLSA)
HR POLICY / PART I • In order for the FLSA to apply, there must be an employment relationship between the “employer” and the “employee” • Almost every employee in the United States is covered by the Fair Labor Standards Act which is enforced by the Wage and Hour Division of the U.S. Department of Labor • FLSA regulations apply to all paid employees regardless of payment classification (stipendiary, hourly, salaried) Coverage FAIR LABOR STANDARDS ACT (FLSA)
HR POLICY / PART I • Employees can be paid no less than the Federal Minimum Wage of $7.25 per hour, or the applicable state minimum wage if higher • Covered, non-exempt employees must receive one and one-half times the regular rate of pay for all hours worked over forty in a workweek • Compliance is determined by workweek (as defined by the company) and each workweek stands by itself • A workweek is 7 consecutive 24 hour periods (168 hours) • Paid time off (such as vacation, holiday pay or sick time) is notconsidered time worked for the basis of overtime calculations Calculating Pay FAIR LABOR STANDARDS ACT (FLSA)
HR POLICY / PART I Non-Exempt employees must be paid for all hours worked, which INCLUDES: • Suffered or Permitted Time – Any time where work is suffered or permitted, regardless of whether it is requested or authorized in advance • Waiting Time – Any time that the employee is unable to use effectively for his or her own purposesand/or when time is controlled by the employer • On-Call Time – Any time that the employee has to stay so close to or on the employer’s premises where the employee cannot use that time effectively for his or her own purposes; carrying a pager does not constitute on-call time • Meal and Rest Periods – Any time that is for short duration or when the employee is not relived from work • Training Time – Any training time where attendance is voluntary, outside of regular working hours and where the course, lecture, or meeting is not job related • Travel Time – Any travel related to work that excludes regular daily commute Calculating Pay FAIR LABOR STANDARDS ACT (FLSA)
HR POLICY / PART I There are numerous exemptions and exceptions from the minimum wage and/or overtime standards of the FLSA. The most common minimum wage and overtime exemption are often called the ‘White Collar’ exemptions, and apply to certain: • Executive Employees • Administrative Employees • Professional Employees • Computer Employees • Outside Sales Employees These individuals can be exempt from overtime pay due to specific qualifications, responsibilities, authority, autonomy, and pay parameters that you should fully understand before qualifying them for exempt status. Exempt Staff FAIR LABOR STANDARDS ACT (FLSA)
16 &17-year-olds may be employed for unlimited hours in any occupation other than those declared hazardous by the Secretary of Labor. • 14&15-year-olds may be employed outside school hours for limited periods of time and under specified conditions. • Children under 14 years of age may not be employed in non-agricultural occupations covered by the FLSA. Youth Employment FAIR LABOR STANDARDS ACT (FLSA)
The FLSA requires that all employers subject to any provision of the Act make, keep, and preserve certain records. • Every covered employer must keep certain records for each non-exempt worker. Record Keeping FAIR LABOR STANDARDS ACT (FLSA)
HR POLICY / PART I • Assuming that all employees paid a salary are not due overtime • Improperly applying an exemption • Failing to pay for all hours an employee is “permitted” to work • Limiting the number of hours employees are allowed to record • Failing to include all pay required to be included in calculating the regular rate for overtime • Failing to add all hours worked in separate establishments for the same employer when calculating overtime due • Making improper deductions from wages that cut into the required minimum wage or overtime • Treating an employee as an independent contractor • Confusing Federal law and State law Common Errors to Avoid FAIR LABOR STANDARDS ACT (FLSA)
HR POLICY / PART I • Employers who willfully violate the Act may be prosecuted criminally and fined up to $11,000 • Employers who violate the youth employment provisions are subject to a civil money penalty of up to $11,000 for each employee who was the subject of a violation • Employers who willfully or repeatedly violate the minimum wage or overtime pay requirements are subject to a civil money penalty of up to $1,100 for each such violation Penalties FAIR LABOR STANDARDS ACT (FLSA)
HR POLICY / PART I • The Law • The Regulations ( 29 C.F.R. Part 500-899) • Interpretive Guidance (opinion letters, field operations handbook, and field bulletins) • FLSA Poster • Handy Reference Guide • Fact Sheets • Information for New Businesses • Department of Labor Home Page Compliance Assistance FAIR LABOR STANDARDS ACT (FLSA)
HR POLICY / PART I • Visit the WHD homepage at: www.wagehour.dol.gov • Call the WHD toll-free information and helpline at 1-866-4US-WAGE (1-866-487-9243) • Use the DOL interactive advisor system - ELAWS (Employment Laws Assistance for Workers and Small Businesses) at: www.dol.gov/elaws • Call or visit the nearest Wage and Hour Division Office Disclaimer: This presentation is intended as general information only and does not carry the force of legal opinion. Additional Information FAIR LABOR STANDARDS ACT (FLSA)
Eric Rojas Executive Pastor, Christ Community Church 37W100 Bolcum Rd, St. Charles IL 60175 630.485.3350 erojas@ccclife.org Contact Information
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