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Establishing Solid HR Practices Presented by Dina Walton HR Director at Lotus School for Excellence
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In the Ideal World Employee files Staff Handbook Professional Development Background Checks Job descriptions Ability to attract
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Staff Handbook Consistency reduces the risk of unlawful discrimination claims Assists in reducing complaints Aids employees in understanding Ensure that you abide by handbook Include disclaimer to preserve “at-will” relationship Make sure signature page Process and procedure for reporting and addressing harassment FMLA and other protection laws
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Employee Files Agreements Applications, resume etc. License, transcripts, PD Fingerprint copy, background Report, affirmation Evaluations, awards, warnings What does your district require?
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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.orgwww.coloradononprofit.org, Record retention and destruction policy,.
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What not to put in Employee files Medical reports I-9 Unnecessary information Don’t put anything that you would not want a jury to see
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Job Descriptions If not upfront may never get done Aligns staff duties with company visions Assists in evaluations expectations Determine areas for professional development Protect against ADA issues if arise Assists in adhering to labor and employment laws
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Interviewing Who is doing interviewing? CDE: Hold license, degree, demonstrate subject matter Waivers Elementary different than secondary Do not ask list Posting: marketing or description Source: CDE website
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Professional Development Go over staff expectations HR items Staff handbook Anti-discrimination Abuse reporting
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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 instructionshttp://www.cde.state.co.us/cdechart/joinlistserv.asp
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Background cont.’ All vendors and volunteers who will be around children must have a background check. Use reputable vendors Volunteers should not be left alone with children. Parents who volunteer should not be left alone with children.
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“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
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Exempt vs. Non-exempt Not all salaried employees are exempt Teachers are exempt employees PARA? 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.
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Salary vs. Hourly Managing budget < 30 hours a week Over 12 months
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Employee or Contractor Common Law Rule Independent contractor Employee
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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
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