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LEGAL FOUNDATIONS OF CHURCH HUMAN RESOURCES

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Presentation on theme: "LEGAL FOUNDATIONS OF CHURCH HUMAN RESOURCES"— Presentation transcript:

1 LEGAL FOUNDATIONS OF CHURCH HUMAN RESOURCES

2 REFLECTIONS ON THE PRESENT MOMENT
SOME OF THE CURRENT REALITIES WHICH FACE CHURCH INSTITUTIONS INCLUDE: Living in a litigious society Moving from self-contained community to employer Facing the tension between the individual and the institution Rethinking how workers are formed and trained Recognizing the need for effective organization skills

3 BASIC DEFINITIONS Exempt Non-exempt At will employer
Just Cause employer

4 Exempt Exempt employees are those who supervise two or more people, and have the authority to hire, fire, discipline, make salary increase recommendations, etc. OR

5 Exempt Those whose positions require a specialized course of study generally obtained through a 4-year college degree program.

6 SALARY BASIS TEST FOR EXEMPT
Labor Dep’t. to change rules that will guarantee overtime pay to workers who are currently classified as exempt Salary threshold will be nearly doubled from $23,660 annually or $455 per week to $47,476 per year or $970 per week Teachers will remain exempt

7 NON-EXEMPT All those employees who do not meet the job description or minimum salary requirements to be considered exempt.

8 AT-WILL EMPLOYER An employer who reserves the right under state statutes to terminate any employee for any reason, with or without notice and with or without cause, where such termination is not discriminatory.

9 JUST CAUSE EMPLOYER Corrective action, including termination, must be for clear, compelling, and justifiable reasons.

10 FEDERAL LEGISLATION Civil Rights Legislation Internal Revenue Act
Social Security Act Family and Medical Leave Act Americans with Disabilities Act Age Discrimination Act

11 EEO Legislation Protected classes of employees: Age
Gender (e.g. pregnancy) and sexual harrassment Race, nationality, ethnic group, color Religious preference Disability 15 or more employees but better to comply no matter how many employees.

12 Sexual Harassement Hostile Environment Quid pro quo

13 POLLING QUESTIONS: Do you have written personnel policies?
Has each member of the staff been given a copy of these policies?

14 PERSONNEL POLICIES Why? What?

15 Just Policies The implementation of a set of clear, written policies that are: Consistent with civil law Communicated to employees Fairly and consistently applied Will in most cases result in a just work environment.

16 The policies and practices should be in writing.
Unwritten policies and transitory and can be arbitrarily applied Written policies help to ensure that policies are thorough, clear and fair.

17 The written policies and procedures should then be effectively communicated to staff.
Websites Handbooks Written acknowledgement of receipt

18 Once established and communicated, just policies must be followed consistently.
Failure to apply policies consistently leads to feelings of unfairness on the part of both supervisors and staff.

19 Essential Policies Work conditions Employee compensation and benefits
Succession planning Grievance procedures Harassment Employee growth and development Confidentiality of lay and clergy Parishioner and organization records Work conditions Employee compensation and benefits Vacation and leaves Employee evaluation Supervision Hiring and firing Nondiscrimination Copyright©2013 by Carol Fowler

20 MISCELLANEOUS POLICIES AND PROCEDURES
Diversity Conflict of interest Intellectual property Other employment Dress standards Use of Parish Property Transportation Children in the workplace

21 MISCELLANEOUS POLICIES cont.
Children in the workplace Worker’s compensation Personal leaves

22 Policy Administration
Parish, school and agency administrators are responsible for communicating, administering and enforcing all personnel policies. Employee handbooks

23 Questions/discussion
? ?


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