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