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Establishing Solid HR Practices
Presented byDina Walton
HR Director at Lotus School for Excellence
In the Ideal WorldEmployee filesStaff HandbookProfessional DevelopmentBackground ChecksJob descriptionsAbility to attract
Staff HandbookConsistency reduces the risk of unlawful
discrimination claimsAssists in reducing complaintsAids employees in understandingEnsure that you abide by handbookInclude disclaimer to preserve “at-will”
relationshipMake sure signature pageProcess and procedure for reporting and
addressing harassmentFMLA and other protection laws
Employee FilesAgreementsApplications, resume etc.License, transcripts, PDFingerprint copy, background Report, affirmationEvaluations, awards, warningsWhat does your district require?
Employee Documents Benefit Plans Permanent Employee Files Termination + 7 years
Employment applications, resumes and other forms of job inquiries, ads or notices for job opportunities 3 years Forms I-9: Keep on file during entire employment. After separation of emplt, either 3 years after hiring, or 1 year after separation Employment, whichever is later. Taxes 7 years
Payroll Registers (gross and net) 7 years
Time Cards/Sheets: 5 years
Unclaimed Wage Records: 6 years
Retirement and Pension Records: Permanent
www.coloradononprofit.org, Record retention and destruction policy,.
What not to put in Employee filesMedical reportsI-9Unnecessary informationDon’t put anything that you
would not want a jury to see
Job DescriptionsIf not upfront may never get
doneAligns staff duties with company
visionsAssists in evaluations
expectationsDetermine areas for professional
developmentProtect against ADA issues if
ariseAssists in adhering to labor and
employment laws
InterviewingWho is doing interviewing?CDE: Hold license, degree,
demonstrate subject matterWaiversElementary different than
secondaryDo not ask listPosting: marketing or description
Source: CDE website
Professional DevelopmentGo over staff expectationsHR itemsStaff handbookAnti-discriminationAbuse reporting
Background Checks TITLE 22. EDUCATION
SCHOOL DISTRICTS ARTICLE 30.5. CHARTER SCHOOLS PART 1. CHARTER SCHOOLS ACT
C.R.S. 22-30.5-110.5 (2014)
22-30.5-110.5. Background investigation - charter school employees - information provided to department
(1) A charter school shall conduct a background investigation of an applicant to whom an offer of employment is extended to determine whether the applicant is suitable to work in an environment with children.
Updates from CBI - C.R.S. 22-2-119(4)(b) http://www.cde.state.co.us/cdechart/joinlistserv.asp and follow the
instructions
Background cont.’All vendors and volunteers who
will be around children must have a background check.
Use reputable vendorsVolunteers should not be left
alone with children. Parents who volunteer should not be left alone with children.
“Right to work” vs. “At will employee”“Right to work” – protects
employees from being required to join union
Colorado does not have a “right to work” law
“At will” – defines relationship between employer and employee
Exempt vs. Non-exempt Not all salaried employees are exemptTeachers are exempt employeesPARA?Admin assistant?Facilities?Criteria:
Note: The League recommends that schools seek legal guidance regarding exempt vs non-exempt status of employees when questions arise. The issue is volatile and if done incorrectly, schools can face high financial penalties and potential lawsuits.
Salary vs. HourlyManaging budget< 30 hours a weekOver 12 months
Employee or ContractorCommon Law RuleIndependent contractorEmployee
Just a few items New Hire Reporting Cobra PERA District Benefits Health Care Reform: Jan 2016 Employee files Professional Development H1B visa’s Agreements New state and federal laws Exit survey’s Payroll Staff Handbook Job descriptions Job posting Managing interviews Candidate relations