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

Q & ASend Questions via Chat to Tami