Basic Employment Law Review NC Association of Community College Trustees April 9, 2015

 Employment Categories  Authority to Hire Employees  Term of Employment (Contract v. At-Will)  Dismissing Employees

Employment Categories There are two basic employment categories: 1. Full-Time or Part-Time A.Full-Time – employed for a minimum of nine (9) months per year and works a minimum of thirty (30) hours per week. Full-time employees are entitled to benefits (i.e., insurance, leave, etc.) B.Part-Time – employed for less than thirty (30) hours per week or less than nine (9) months per year. With the exception of an offer of health insurance in certain situations to comply with the Affordable Care Act, part- time employees are not entitled to benefits.

Employment Categories 2. Exempt or Non-Exempt (Fair Labor Standards Act "FLSA") A. Exempt – employees engaged in executive, administrative, managerial and instructional faculty work; are exempt from the minimum wage and overtime provisions of the FLSA. B. Non-Exempt – employees engaged in technical, paraprofessional, secretarial, clerical and skilled craft work; are subject to the minimum wage and overtime provisions of the FLSA.

Authority to Hire Employee 1.President – hired by the Board of Trustees G.S. 115D- 20(1) 2.All other Personnel – hired by the President 3. President may "authorize certain administrators to employ part-time instructors or other personnel for temporary duties.”

Terms of Employment There are two employment terms

Contractual Employees A.All full-time employees (exempt and non-exempt) receive annual employment contracts.  N.C. Session Law § 30.6 states "… the State Board of Community Colleges shall require community colleges to convert all faculty contracts to nine-month contracts covering the fall and spring semesters. Faculty members currently employed for more than nine months shall be placed on supplemental contracts for the summer term." (Emphasis Added)  Question: Can you have multi-year contracts for full-time non-faculty employees?

Contractual Employees B.All part-time instructional employees have contracts consistent with their courses. C.All newly hired full-time employees serve an initial probationary period of three (3) months where they may be dismissed with or without cause (except the reason(s) for dismissal may not be arbitrary, capricious, discriminatory or for personal or political reasons). D.No tenure track for community college employees N.C. Attorney General Opinion ("[b]ut simple power to employ, in the opinion of this Office, does not include the power to establish a system of tenure. That power does not exist by implication.")

At-Will Employees A.The only employees who are "at will" are part-time, non- instructional employees. B.This is consistent with other, local community colleges:  Isothermal CC: part-time faculty and staff are "at will"  Southwestern CC: all part-time College personnel are "at will"  A-B Tech CC: all part-time personnel are "at will" C.Could all employees (i.e., full-time and part-time) be employed "at will"?

Dismissing Employees 1.Non-Renewal of Contract 2.Dismissing during the Contract Period 3.At-Will 4.Reduction-In-Force

Dismissing Employees 1.Non-Renewal of Contract (Blue Ridge CC Policies) A.President notifies employee no later than sixty (60) days prior to expiration of intent to non-renew the contract. B.The employee can appeal (with the appeal ultimately coming to the Board for final review) C.Policy contains the procedural due process steps provided to the employee.

Dismissing Employees 2.Dismissing during the Contract Period A.President has authority to take disciplinary action and dismiss employees. B.Reasons the President can dismiss an employee is outlined in Policy C.Employee can appeal President’s decision to the Board (which had been delegated to the Board’s Executive Committee).  Comment on the Board’s role in employee (and student) hearings.

Dismissing Employees 3.At-Will A.At-will employees have no expectation of future employment and have no property right (i.e., no contract). B.May be dismissed with or without cause (except the reason(s) for dismissal may not be arbitrary, capricious, discriminatory or for personal or political reasons). C.Should follow due process policy and Board should consider granting a discretionary hearing if the employee raises dismissal being based on impressible grounds.

Dismissing Employees 4.Reduction-In-Force A.This could apply to contractual and/or at-will employees (need to guard against an argument that the "at-will" employee was dismissed for impressible grounds). B.You RIF positions – not employees. C.Procedural process is outlined in Policy

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