Post on 22-Feb-2016
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HR Policy
6. Terminations—Jon Wright. 7. Terminations, part 2—Daniel Rolfe. June 38. Staffing Plans & MultiSite— Jim
Tomberlin. June 109. HR Policy—Eric Rojas. June 1710.HR Policy, part 2—Matt Anthony & David
Middlebrook. June 24
Level 1Certificate in Operations
Operations 101—StaffingOperations 102—CommunicationsOperations 103—FinancesOperations 104—FinancesOperations 105—Facilities
HR Policy / Part IHow To Develop EffectiveEmployment Policies
Eric RojasExecutive PastorChrist Community Church
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
HR POLICY / PART I
HOW TO DEVELOP EFFECTIVE EMPLOYMENT POLICIES
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 ?
HR POLICY / PART I
HOW TO DEVELOP EFFECTIVE EMPLOYMENT POLICIES
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
HR POLICY / PART I
HOW TO DEVELOP EFFECTIVE EMPLOYMENT POLICIES
As you go beyond the basics, considering adding policies that detail issues affecting:
EMPLOYMENTStaff Structure & Employment ClassificationsChurch Membership, Attendance & GivingProximity to ChurchConflict of InterestEmployment of RelativesInternal TransferConfidentiality of Salary & Wages
BENEFITSBenefits for All Classifications of StaffPaid Time OffProvisions to All Leaves (FMLA, Bereavement, Military Service, Workers Comp, etc.)
HR POLICY / PART I
Beyond The BasicsHOW TO DEVELOP EFFECTIVE EMPLOYMENT POLICIES
PERFORMANCE MANAGEMENTJob DescriptionsPerformance EvaluationsMisconductDiscovery vs. Confession of Significant SinTermination
WORKPLACE GUIDELINESDress CodeEmergency ProceduresWorking From HomeMatthew 18 GuidelinesSocial Media GuidelinesIntellectual Property PolicyIT Guidelines & EtiquetteTravel & TransportationWorkplace Safety & Security
HR POLICY / PART I
Beyond The BasicsHOW TO DEVELOP EFFECTIVE EMPLOYMENT POLICIES
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 STANDARDSTAX EXEMPT NUMBER CHURCH CALENDAR / EVENT APPROVALDATABASE & SERVER ACCESS RESERVING FACILITY SPACEFORMS & TEMPLATES MARKETING & PRINT MEDIAORDERING SUPPLIES CHURCH ANNOUNCEMENTSEXPENSE REIMBURSEMENT/APPROVALFOOD SERVICECHECKS REQUESTS & TIMELINES MINISTRY SPECIFIC INFO CHILDCARE (I.E. CARING, COUNSELING)LEADERSHIP STRUCTURE
The Final StepHOW 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
HR POLICY / PART I
HOW TO DEVELOP EFFECTIVE EMPLOYMENT POLICIES
HR Policy / Part IThe Fair Labor Standards Act
Eric RojasExecutive PastorChrist Community Church
Major Provisions
Coverage Minimum Wage Overtime Pay Youth Employment Recordkeeping
HR POLICY / PART I
FAIR LABOR STANDARDS ACT (FLSA)
Coverage
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)
FAIR LABOR STANDARDS ACT (FLSA)
HR POLICY / PART I
Calculating Pay
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
not considered time worked for the basis of overtime calculations
FAIR LABOR STANDARDS ACT (FLSA)
HR POLICY / PART I
Calculating Pay
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 purposes and/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
FAIR LABOR STANDARDS ACT (FLSA)
HR POLICY / PART I
Exempt Staff
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 EmployeesAdministrative EmployeesProfessional EmployeesComputer EmployeesOutside 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.
FAIR LABOR STANDARDS ACT (FLSA)
HR POLICY / PART I
Youth Employment
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.
FAIR LABOR STANDARDS ACT (FLSA)
Record Keeping
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.
FAIR LABOR STANDARDS ACT (FLSA)
Common Errors to Avoid
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
FAIR LABOR STANDARDS ACT (FLSA)
HR POLICY / PART I
Penalties
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
FAIR LABOR STANDARDS ACT (FLSA)
HR POLICY / PART I
Compliance Assistance
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
FAIR LABOR STANDARDS ACT (FLSA)
HR POLICY / PART I
Additional Information
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.
FAIR LABOR STANDARDS ACT (FLSA)
HR POLICY / PART I
Contact Information
Eric RojasExecutive Pastor, Christ Community Church37W100 Bolcum Rd, St. Charles IL 60175630.485.3350erojas@ccclife.org
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