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If you are a member of a human resources department or if your job includes personnel or HR related responsibilities, this seminar is for you. This seminar will be jam-packed with great ideas, best practices and proven strategies to help you successfully navigate through the sometimes turbulent waters of human resources. It will help you effectively and efficiently support your organization and be a reliable and professional advocate for your organization and its employees.
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Sponsored by:A Service
Of:
HR Best Practices
Kimberly Brosnan
December 14, 2011
Sponsored by:A Service
Of:
Advising nonprofits in:
• Strategy
• Planning
• Organizational Development
www.synthesispartnership.com
(617) 969-1881
INTEGRATED PLANNING
Sponsored by:A Service
Of:
Affordable collaborative data
management in the cloud.
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Today’s Speaker
Kim BrosnanHR Manager
Edelstein & Company LLP
Hosting:
Sam Frank, Synthesis PartnershipAssisting with chat questions:
April Hunt, Nonprofit Webinars
HR
BEST PRACTICES
December 14, 2011
Personnel Records – Are you
Compliant?
Adopt a policy
Ensure that your policy complies with
applicable laws
Include where and when employees can
review or copy their files
Specify who is authorized to inspect
personnel records
Audit personnel records
What Should Be Included?
Resume
Performance Evaluations
Compensation Records
References
College Transcripts
Application
Letters of Recognition
Medical /Insurance Records
EEO documents
Criminal/Credit Check Results
Immigration I-9 Forms
Worker’s Comp Claims
Child Support/Garnishments
Employee Documentation
Written documentation is
important as ever
Provides the best foundation
against litigation
Documents lock in your version
of events
Documentation Best Practices
Provide details and specific examples of what employee did
Link examples to company policy
Be accurate – don’t exaggerate
Make sure to date it
Include next steps for improvement
Signed by you and employee
Give employee the opportunity to sign or object
Wage & Hour Laws – The Basics
Non-exempt wages must be paid weekly or bi-weekly
Exempt wages may be paid bi-weekly or monthly if the employee chooses
Employees who are terminated must be paid on that date
Employees who voluntarily resign must be paid on the next payday
Accrued vacation time is considered wages and must be paid upon separation of employment
FLSA Requirements
Fair Labor Standards Act (FLSA) is a federal wage and hour law administered
by the US Department of Labor, Wage and Hour Division (DOL)
Overtime: must pay non-exempt employees time and ½ their “regular rate” for
hours over 40 in a work week.
FSLA provides exemptions from overtime pay for certain employees including:
• Executive
• Professional
• Outside Sales
• Administrative
• Certain Computer Employees
• Highly Compensated Employees
Exempt?
To qualify as exempt, an employee must satisfy all three of the following:
The employee must be paid on a salary basis
The employee must receive a salary of at least $455 per week
The employee must satisfy the duties test for the applicable exemption
See www.dol.gov for the occupational index and duties test
Treble Damages Law
Imposes mandatory triple damages for any violation of MA
wage and hour laws
Failing to pay an employee wages due
Failing to timely pay an employee
Incorrectly classifying an employee as
exempt from overtime wages
Incorrectly calculating overtime pay
Independent Contractor Status
Three factor test to qualify:
Freedom from control and direction in connection with the performance of the service
Service outside the usual course of the employer’s business
Independent trade, occupation, profession or business
Enforce a written agreement stating that they are hired as a “consultant” not permanent employee
Independent Contractor
Legal Ramifications
Tax Consequences – Employer may be liable for unpaid taxes
Tax-Free Benefits – Not eligible
Employee Benefits Obligations – Microsoft Case
Worker’s Compensation – Employer held liable for on-the-job injuries outside the protection of the policy
Unemployment Compensation
Wage & Hour Liability
Independent Contractors
Best Practices
Make the final decision on whether to meet a staffing need through independent contractor or employee
Use written agreement containing language that establishes the classification as independent contractor not employee
Adopt a policy concerning the use of independent contractors
Do not treat independent contractors like regular employees but make sure they understand and adhere to the company’s policies and procedures
Attracting Talent
Establish Recruiting Plan
Employer Brand
Recruitment Objectives
Utilize all Resources
Employee Referrals
Web Site and Social Media
College Recruiting and
Alumni
Hiring/On-Boarding Forms
Employment Application Criminal History – effective November 2010
Interview Evaluation Forms
Reference Checks
College Transcripts
Criminal/Credit Background Checks Ensure consistency
Offer Letter (at-will employment)
New Hire Orientation I-9 Form, W-4 Form, Non-Compete/Confidentiality Agreement,
Employee Handbook Acknowledgment
Employee Benefits – Are you
Competitive?
Health Insurance
HRA or FSA
Dental Insurance
Life Insurance
401K/Profit Sharing Plans
Paid Time Off
Transportation Benefits
Wellness Initiatives
Work/Life Balance
Retaining Talent
Mentoring Programs
Training & Development
Recognize and Reward
Stay Interviews vs. Exit
Interviews
HR Resources
www.nehra.com
www.shrm.org
www.dol.gov
Sponsored by:A Service
Of:
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