1. Human Resources Consultants, LLC
Employment Issues in Finding and Keeping the Right People Non-Profit Talent and Culture Summit April 6, 2017 Washington, DC
Alan Luba
HR CONSULTANTS
Your Better Option
Human Resources Consultants, LLC
(Phone) ~ (Fax)

2. WHY?
We’ll consider issues, requirements, questions related to all employers.
Each group represented here today is an employer under the law, federal, state, local.

3. Fair Labor Standards Act (FLSA)
Defines eligibility for overtime pay
Sets minimum wage (national, may be pre-empted by states)
Overtime Pay
If eligible employee works more than 40 hours in a normal work week …
Must be paid for all hours worked in excess of forty
Pay rate at 1.5 times regular hourly wage rate
Overtime hours must be approved by manager, but …
If overtime hours are worked and manager failed to monitor, OT must be paid

4. Fair Labor Standards Act (FLSA)
Defines eligibility for overtime pay
Classifications …
Exempt from Overtime Pay requirements
Generally management, executive, supervisory, professional categories
Paid annual salary – consistent amount of pay each pay period, regardless of number of hours worked
A position correctly classified as “Exempt” must be paid at least $47, annually
Non-Exempt from Overtime Pay requirements
OT hours paid at 1.5 times hourly wage
Generally, work is not management or supervisory; work carried out according to established work methods; positions do not make or enforce work processes or company policies
Review Handout on FLSA Classification

5. Employee or Independent Contractor?
Employees are paid regularly and the employer deducts payroll taxes, FUTA, FICA, Benefits premiums, etc
Employees are supervised by the employer, use employer facilities and resource
Pay is reported on the W-2

6. Employee or Independent Contractor?
Independent Contractors are hired for specific task
Independent Contractors carry on their work independently, with minimum employer oversight
Use their own facilities, resources
Should be paid a project fee
Pay their own taxes, benefits, etc
Should have other “clients” on same basis
Pay is reported on the 1099

7. Employee or Independent Contractor?
US Dept of Labor and US IRS monitor these classifications
Significant fines and penalties for mis-classification
Size or type of employer doesn’t matter

8. “Policy” Manuals, Handbook
Important as communication tools
Communicate employer’s requirements, culture, expectations to employees
Communicate compliance with laws and regulations in case of legal actions
Consider contents as “guidelines” for day-to-day operations, not as rules carved in concrete
Not a contract between employer and employee

9. Personnel Files
What you DO NOT include is as important, or more important, than what you do include
Files are confidential
Limit access to “need to know”
Employee, with restrictions
Manager
Outside people with bona fide interest
Auditors
Govt agencies
Secure storage

10. Personnel Files Do not include:
Health related information (benefits enrollments, etc)
Negative information – retain separately during and after any adverse actions
I-9 forms/E-Verify information
WHY???

11. Hiring the Right People
What sets you apart from the next guy?
How do you communicate this?
Non-Profit v. For Profit employer
Which is more attractive to potential employee?
Why?
How do you “MARKET” your organization to the labor market?

12. Hiring the Right People
Define and understand the real job and real job requirements
Make sure that interviewers and decision makers understand the above
Sources …
What have you found to be helpful?
Internal referrals?
Job Boards?
Other?

13. Fair Employment/EEO
Discrimination in hiring, work opportunities prohibited by federal, state, local laws
Protected “classes” …
- Race/Nationality
Gender and gender preference (in most areas)
Age
Disability/Pregnancy
Military status

14. Fair Employment/EEO
Enforced at local, state and federal levels by Human Relations Commissions, EEOC, others
Covers not only hiring; also termination, training opportunities, equal pay, access to “benefits” of employment (not health care only)

15. Position Descriptions
Include what is really important for the job’s mission:
Key Responsibilities
Key Accountabilities
Key Tasks
Reporting relationships – up and down
Fiscal/Budget responsibility
Personal criteria: Education, Prior Experience
FLSA Classification

16. Position Descriptions
Do Not …
Structure job requirements to favor or disqualify a protected class
Include excessive detail; keep job requirement open, flexible
Most important bullet point should be “And other duties as assigned”!!!
Job Title is not as important as the job content!

17. Position Descriptions
BFOQs
Bona Fide
Occupational
Qualifications

18. Performance Planning We all want feed-back on how we’re doing
We all want guidance on what we should be doing and expectations for performance
Determine why you conduct performance Reviews …
Communication, feedback
Document acceptable and non-acceptable performance
Drive compensation, advancement decisions
Other?

19. Performance Planning Methods Considerations
Personal – one-on-one meeting between supervisor and employee; paper forms to complete together
Not so personal – automated review systems
What works best in your culture
Considerations
Honest, open communication
Can be perceived as confrontational, may be difficult for participants
Include and review what is relevant to position and employee, avoid generalizations

20. Disciplinary Process
To correct performance deficiencies, significant work related infractions
Provide guidance and establish goals and time lines for correction
Specific to issue
“Punishment should fit the crime”
Confidential
Document! Document! Document!

21. Compensation Total Compensation includes: Base Pay
Employer contributions to:
Taxes, FICA, FUTA, SUTA, etc
Benefits premiums
Pay for time off
Bonuses
Other “perks”

22. Compensation Internal Equity External (Market) Competitiveness
Your budget considerations
Pay for the job, not the person
Consistent pay for similar job requirements
Confidentiality
External Compensation information sources
What has worked for you?

23. Terminating Employment
Voluntary or Involuntary
Involuntary
Cause
Economics
Be aware of discrimination, retaliation potential
Voluntary
Resignation
Job Abandonment
Considerations
Employment at Will
Notice?
Severance?
Communication to employees?

24. Termination of Presentation
Questions?
Discussion?
Thank You!!!