Employee PolicyEmployee Policy&&

Independent Independent Contract Labor Contract Labor

PolicyPolicy

Federal and State Employment Federal and State Employment LawsLawsApplicable to Conservation Applicable to Conservation District Employment PolicyDistrict Employment PolicyEqual Employment OpportunityEqual Employment Opportunity• State RequirementsState Requirements: Fair Employment Practices: Fair Employment Practices

Chapter 9; 27-9-Chapter 9; 27-9-105, which states that:105, which states that:(a) It is a discriminatory or unfair employment practice: (a) It is a discriminatory or unfair employment practice: (i) For an employer to refuse to hire, to discharge, (i) For an employer to refuse to hire, to discharge,

to promote or demote, or to discriminate in matters of to promote or demote, or to discriminate in matters of compensation or the terms, conditions or privileges of compensation or the terms, conditions or privileges of employment against, a qualified handicapped person employment against, a qualified handicapped person or any person otherwise qualified, because of age, or any person otherwise qualified, because of age, sex, race, creed, color, national origin or ancestry; sex, race, creed, color, national origin or ancestry;

• Federal RequirementsFederal Requirements: EEO for individuals with : EEO for individuals with disabilities 29 CFR Part 1630 and Parts 1602 and 1627disabilities 29 CFR Part 1630 and Parts 1602 and 1627

Federal and State Employment LawsFederal and State Employment LawsApplicable to Conservation District Applicable to Conservation District Employment PolicyEmployment Policy

Sexual HarassmentSexual Harassment • State Requirements: Executive Order 2000-4, State Requirements: Executive Order 2000-4,

Governor GeringerGovernor GeringerSample policy: Harassment of employees or of Sample policy: Harassment of employees or of

applicants by other employees is prohibited. applicants by other employees is prohibited. Harassment includes, without limitation, verbal Harassment includes, without limitation, verbal harassment (epithets, derogatory statements, harassment (epithets, derogatory statements, slurs), physical harassment (assault, physical slurs), physical harassment (assault, physical interference with normal work or involvement). interference with normal work or involvement). Visual harassment (poster, cartoons, Visual harassment (poster, cartoons, drawings), and innuendo.drawings), and innuendo.

• Federal Requirements: Civil Rights Act - Federal Requirements: Civil Rights Act - Section 703, Title VII of 1964 Section 703, Title VII of 1964

Personnel RecordsPersonnel Records

• State Requirements: State Requirements:

27-4-203. Record of work of employees 27-4-203. Record of work of employees required. required.

Every employer subject to this act [§§ 27-4-Every employer subject to this act [§§ 27-4-201 through 27-4-204] shall make, and 201 through 27-4-204] shall make, and keep for a period of not less than two (2) keep for a period of not less than two (2) years in or about the premises wherein any years in or about the premises wherein any employee is employed, a record of the employee is employed, a record of the name, address and occupation of each of name, address and occupation of each of his employees, the rate of pay, and the his employees, the rate of pay, and the amount paid each pay period to each such amount paid each pay period to each such employee, the hours worked each day and employee, the hours worked each day and each work week by such employee.each work week by such employee.

Compensation TimeCompensation Time• No state requirementsNo state requirements• Federal Requirements: Fair Labor Standards Federal Requirements: Fair Labor Standards

ActAct

Family and Medical Leave ActFamily and Medical Leave Act• State Requirements: NoneState Requirements: None• Federal Requirements: Family and Medical Federal Requirements: Family and Medical

Leave Act of '93Leave Act of '93• Covered employers must grant eligible Covered employers must grant eligible

employees up to a total of 12 workweeks of employees up to a total of 12 workweeks of unpaid leave during any 12 month period, for unpaid leave during any 12 month period, for one or more of the following reasons:one or more of the following reasons:• Birth and care of newborn child of employeeBirth and care of newborn child of employee• Placement with the employee of son or daughter for Placement with the employee of son or daughter for

adoption or foster careadoption or foster care

•To care for an immediate family member To care for an immediate family member (spouse, child or parent) with a serious health (spouse, child or parent) with a serious health conditioncondition

•To take medical leave when the employee is To take medical leave when the employee is unable to work because of a serious health unable to work because of a serious health condition condition Federal Requirements: Family and Medical Federal Requirements: Family and Medical Leave Act of '93Leave Act of '93

The FMLA alsoThe FMLA also• Maintains health benefits during leaveMaintains health benefits during leave• Restores an employee’s job after leaveRestores an employee’s job after leave• Sets requirements for notice and certification of the Sets requirements for notice and certification of the

need for leaveneed for leave• Protects employees who request or take leave; and Protects employees who request or take leave; and

includes certain employer record keeping lawsincludes certain employer record keeping laws

For more information on the Family and Medical For more information on the Family and Medical Leave Act, visit: hLeave Act, visit: http://www.dol.gov/esa/whd/fmlattp://www.dol.gov/esa/whd/fmla

Wage ClaimsWage Claims

• Title 27 of Wyoming Title 27 of Wyoming Statutes provides for a Statutes provides for a minimum wage, minimum wage, record keeping and record keeping and final payment of final payment of wages.wages.

• Employer is required Employer is required to keep records for to keep records for each employee for two each employee for two years.years.

• Records must include: Records must include: employee name, job employee name, job title, rate of pay, title, rate of pay, amount paid each pay amount paid each pay period, hours worked period, hours worked each day and each each day and each work week.work week.

• All wages must be paid All wages must be paid to employee within 5 to employee within 5 working days.working days.

Employee Employee CompensationCompensation

An employee compensation An employee compensation package consists of both salary and package consists of both salary and benefits. In designing a benefits. In designing a compensation package, the compensation package, the employer should make every effort employer should make every effort to provide employees with a fair to provide employees with a fair and equitable return for their work.and equitable return for their work.

Copies of example salary scales can Copies of example salary scales can be obtained from WACDbe obtained from WACD

RetirementRetirement

• District employees qualify for the District employees qualify for the Wyoming State Retirement Plan but Wyoming State Retirement Plan but supervisors do not qualify. W.S. 9-3-427supervisors do not qualify. W.S. 9-3-427

• Information on the Wyoming Retirement Information on the Wyoming Retirement System can be obtained by contacting System can be obtained by contacting the Director at (307)777-7691 or FAX the Director at (307)777-7691 or FAX (307)777-5995 or visiting their website (307)777-5995 or visiting their website at http://retirement.state.wy.us/at http://retirement.state.wy.us/

WACD Delta Dental PlanWACD Delta Dental Plan

• District employees and supervisors District employees and supervisors are eligible to receive dental are eligible to receive dental insurance through the WACD Delta insurance through the WACD Delta Dental Group plan. Contact WACD Dental Group plan. Contact WACD for enrollment procedures, rates and for enrollment procedures, rates and benefits.benefits.

Health InsuranceHealth Insurance

• District employees are eligible to District employees are eligible to receive health insurance through the receive health insurance through the WACD Group plan. Contact The Urman WACD Group plan. Contact The Urman Company for enrollment procedures, Company for enrollment procedures, rates and benefits.rates and benefits.

The Urman CompanyThe Urman Company800-640-4459800-640-4459

307-634-5566 or 307-634-5566 or eanderson@urmco.comeanderson@urmco.com

Employee PolicyEmployee Policy Each Conservation District should develop an Each Conservation District should develop an

Employee Policy and employee position Employee Policy and employee position descriptions if these have not already been descriptions if these have not already been established. The policy should be updated established. The policy should be updated regularly to ensure compliance with current law.regularly to ensure compliance with current law.

Each employee of the District should be required Each employee of the District should be required to read and sign the policy. The signature page of to read and sign the policy. The signature page of the policy should then be kept in the employee’s the policy should then be kept in the employee’s personnel file. personnel file.

Copies of Employee policy and position Copies of Employee policy and position descriptions can be obtained from WACD. descriptions can be obtained from WACD.

Employee PolicyEmployee Policy

The District Board of Supervisors may choose The District Board of Supervisors may choose to have the policy reviewed by an attorney to have the policy reviewed by an attorney specializing in employment law to ensure specializing in employment law to ensure that all applicable state and federal labor that all applicable state and federal labor laws are complied with.laws are complied with.

The Laramie County CD has completed a very The Laramie County CD has completed a very rigorous review by an attorney specializing in rigorous review by an attorney specializing in employment law, when completing their employment law, when completing their Personnel Policy Book. Copies of the manual Personnel Policy Book. Copies of the manual may be obtained from WACD.may be obtained from WACD.

Employee Policies should contain Employee Policies should contain information on:information on:

• Salaries and compensation such as compensatory Salaries and compensation such as compensatory time for non-exempt employees (based on the Fair time for non-exempt employees (based on the Fair Labor Standards Act)Labor Standards Act)•Section 13(a)(1) of the FLSA exempts executive, Section 13(a)(1) of the FLSA exempts executive,

administrative, professional and outside sales administrative, professional and outside sales employees from the minimum wage and overtime employees from the minimum wage and overtime requirements, provided they meet certain tests requirements, provided they meet certain tests regarding job duties and responsibilities and are regarding job duties and responsibilities and are salaried employees.salaried employees.

• It is not acceptable to simply place employees on It is not acceptable to simply place employees on salary and classify them as exempt without regard to salary and classify them as exempt without regard to duties or percentage of time spent in exempt dutiesduties or percentage of time spent in exempt duties

•Contact WACD or visit the Department of Labor Contact WACD or visit the Department of Labor Wage-Hour website at Wage-Hour website at http://www.dol.gov/esa/whd/http://www.dol.gov/esa/whd/ or call 1-866-4USWAGE.or call 1-866-4USWAGE.

• Benefits such as annual leave, sick leave, Benefits such as annual leave, sick leave, maternity leave, bereavement leave, holiday maternity leave, bereavement leave, holiday leave, etc – Wyoming State Statutes require an leave, etc – Wyoming State Statutes require an employer to provide one hour of leave with pay employer to provide one hour of leave with pay for the purposes of voting in an official public for the purposes of voting in an official public election. (See W.S. 22-2-111)election. (See W.S. 22-2-111)

• Leave policy to define what types of leave may Leave policy to define what types of leave may be used for what purposesbe used for what purposes

• Drug and alcohol policies – Many federal grants Drug and alcohol policies – Many federal grants require a drug free workplace form be included require a drug free workplace form be included in each employee’s personnel recordin each employee’s personnel record

• Equal Employment Opportunity StatementEqual Employment Opportunity Statement

• Work related injuriesWork related injuries

• Make “at-will” the standard of employmentMake “at-will” the standard of employment– Ensure that employee policy doesn’t contain Ensure that employee policy doesn’t contain

language related to termination for “cause”. It language related to termination for “cause”. It will supersede “at will” termination for no will supersede “at will” termination for no reason, any reason, not the wrong reason. reason, any reason, not the wrong reason.

• Have issue of supervision clearly address, Have issue of supervision clearly address, ie. District Manager is supervisor or all ie. District Manager is supervisor or all other employees, Board is supervisor, etc. other employees, Board is supervisor, etc.

• Have grievance process established and Have grievance process established and ensure that it is followed.ensure that it is followed.

• Ensure that employees understand and Ensure that employees understand and acknowledge the procedures.acknowledge the procedures.

• Follow your employee handbook to the Follow your employee handbook to the letter!. Not following your handbook letter!. Not following your handbook exposes your and your District Board.exposes your and your District Board.

Vacation and Sick TimeVacation and Sick Time

• Nothing in state or federal statutes Nothing in state or federal statutes require an employer to provide sick require an employer to provide sick or vacation time.or vacation time.

• If an employer does provide vacation If an employer does provide vacation time it is regulated by a 1963 time it is regulated by a 1963 Attorney General’s opinion which has Attorney General’s opinion which has held up over the years in the courts.held up over the years in the courts.

Compensation Time Vs. Compensation Time Vs. Cash Overtime PayCash Overtime Pay• Employees of state and local government Employees of state and local government

can earn and accrue compensatory time can earn and accrue compensatory time off (comp time) in lieu of immediate cash off (comp time) in lieu of immediate cash payment for overtimepayment for overtime

• The Fair Labor Standards Act requires The Fair Labor Standards Act requires that comp time be earned at a rate not that comp time be earned at a rate not less than one and one-half hours for each less than one and one-half hours for each hour worked overtimehour worked overtime

See 29 CRF 553.22See 29 CRF 553.22

Compensation Time Vs. Compensation Time Vs. Cash Overtime Pay Cash Overtime Pay (continued)(continued)

• An agreement or understanding between the An agreement or understanding between the employee and employer to use comp time in lieu employee and employer to use comp time in lieu of overtime payment in cash must be reached of overtime payment in cash must be reached prior to the performance of workprior to the performance of work

• The agreement should be put in writing, and can The agreement should be put in writing, and can become part of position descriptionbecome part of position description

• Such an agreement does not automatically Such an agreement does not automatically extend to all employees; employer does not extend to all employees; employer does not have to provide similar agreement to all have to provide similar agreement to all employeesemployees

See 29 CFR 553.23See 29 CFR 553.23

• Records must be kept containing basic Records must be kept containing basic employee data and must also contain:employee data and must also contain:– Number of hours of comp time earned each Number of hours of comp time earned each

work periodwork period– Number of hours of comp time used each work Number of hours of comp time used each work

periodperiod– Number of hours of comp time compensated Number of hours of comp time compensated

in cashin cash– Copy of written agreement of compensation Copy of written agreement of compensation

time in lieu of cash overtime paytime in lieu of cash overtime pay

See 29 CRF 553.50See 29 CRF 553.50

Compensation Time Vs. Compensation Time Vs. Cash Overtime Pay Cash Overtime Pay (continued)(continued)

Example Policy Book Table Example Policy Book Table of Contentsof Contents

1.1. At Will Employment StatementAt Will Employment Statementa.a. Allows for an employer to fire an employee at Allows for an employer to fire an employee at

any time without a reason or without causeany time without a reason or without causeb.b. Also allows an employee to quit without notice Also allows an employee to quit without notice

and receive any pay or benefits they have and receive any pay or benefits they have accrued up until the end of their employmentaccrued up until the end of their employment

2.2. Salary and CompensationSalary and Compensationa. Salarya. Salaryb. Overtime payments and Compensatory b. Overtime payments and Compensatory Time for Non-exempt EmployeesTime for Non-exempt Employeesc. Compensation Upon Separationc. Compensation Upon Separationd. Performance Appraisalsd. Performance Appraisals

3.3. Hours of work definedHours of work defined

4.4. BenefitsBenefits

a. Leave benefitsa. Leave benefits

b. Health and dental insuranceb. Health and dental insurance

c. Retirementc. Retirement

d. Life Insuranced. Life Insurance

5.5. Leave PolicyLeave Policy

6.6. SecuritySecurity

7.7. Drug and alcohol policyDrug and alcohol policy

8.8. Equal Employment OpportunityEqual Employment Opportunity

9.9. Employee Privacy ExpectationsEmployee Privacy Expectations

10.10.Civil RightsCivil Rights

11.11.Personnel RecordsPersonnel Records

12.12.Work Related InjuriesWork Related Injuries

Employee SupervisionEmployee Supervision

• Ensure that all clearly understand the Employee Policy Ensure that all clearly understand the Employee Policy handbook and job descriptions and everyone is clear handbook and job descriptions and everyone is clear on who has supervisory responsibilities.on who has supervisory responsibilities.

• Conduct at a minimum, an annual review of Conduct at a minimum, an annual review of employees – employee needs to know if they are employees – employee needs to know if they are doing a good job and where improvement is needed. doing a good job and where improvement is needed.

• Clearly and promptly document each employment Clearly and promptly document each employment action.action.– Each time a supervisor/manager meets with an employee Each time a supervisor/manager meets with an employee

for performance counseling, document the discussion and for performance counseling, document the discussion and outcomes of the session.outcomes of the session.

– Have the employee sign it to acknowledge that he or she Have the employee sign it to acknowledge that he or she has seen and understood the document, even if the has seen and understood the document, even if the employee may not agree. An employee can state that employee may not agree. An employee can state that they disagree but do not let the disagreement evolve into they disagree but do not let the disagreement evolve into an argument.an argument.

– Keep copy in the employee personnel file.Keep copy in the employee personnel file.

Employee SupervisionEmployee Supervision

• Have clear process for grievances so Have clear process for grievances so supervisors/employees know and supervisors/employees know and understand how disagreements understand how disagreements among employees are to be handled.among employees are to be handled.

• Recommend that the Board appoint a Recommend that the Board appoint a district board member to serve as district board member to serve as personnel liaison.personnel liaison.

Evaluation of EmployeesEvaluation of Employees

• Conduct employee evaluations, Conduct employee evaluations, making sure expectations of the board making sure expectations of the board are clear.are clear.

• Follow up on evaluationsFollow up on evaluations• Issues on failure to perform job duties Issues on failure to perform job duties

should be issued to employees in should be issued to employees in writing, signed and dated.writing, signed and dated.

• Compensation increases should be Compensation increases should be based on performance evaluations.based on performance evaluations.

Independent Contract Independent Contract LaborLabor

For federal tax purposes, the For federal tax purposes, the distinction between employee distinction between employee and independent contractor is and independent contractor is important. Worker classification important. Worker classification affects how the district will pay affects how the district will pay federal income tax, social federal income tax, social security and Medical taxes.security and Medical taxes.

Independent Contractor Independent Contractor vs. Employeevs. Employee

Three main categories Three main categories determine whether a worker is determine whether a worker is an independent contractor or an independent contractor or an employeean employee

Behavioral ControlBehavioral ControlFinancial ControlFinancial ControlRelationship of the PartiesRelationship of the Parties

Behavioral ControlBehavioral Control

• A worker is an A worker is an employeeemployee when the business when the business has the right to direct and control the worker. has the right to direct and control the worker.

• An An employeeemployee receives extensive instructions receives extensive instructions on how the work is to be done, including how, on how the work is to be done, including how, where or when to do the work, what tools or where or when to do the work, what tools or equipment to use, what assistants to hire, equipment to use, what assistants to hire, where to purchase supplieswhere to purchase supplies

• If the business provides the worker with If the business provides the worker with training about required procedures and training about required procedures and methods, this indicates the business wants methods, this indicates the business wants the work done a certain way and suggests the the work done a certain way and suggests the worker may be an worker may be an employee.employee.

Financial ControlFinancial Control

• Significant Investment – if the worker has a Significant Investment – if the worker has a significant financial investment in his/her significant financial investment in his/her work, may be an work, may be an independent contractorindependent contractor..

• Expenses- if worker is not reimbursed for Expenses- if worker is not reimbursed for some or all business expenses, the worker some or all business expenses, the worker may be an may be an independent contractorindependent contractor..

• Opportunity for Profit or Loss – if worker can Opportunity for Profit or Loss – if worker can realize a profit or incur a loss, it suggests realize a profit or incur a loss, it suggests they are in business for themselves and an they are in business for themselves and an independent contractorindependent contractor..

Relationship to the Relationship to the PartiesParties

• If the worker receives benefits, such If the worker receives benefits, such as insurance, pension or paid leave, as insurance, pension or paid leave, this indicates they are an this indicates they are an employeeemployee..

• Written contracts show what both Written contracts show what both parties intend.parties intend.

• Contract labor Contract labor persons need to have a persons need to have a contract in file contract in file prior to commencement of workprior to commencement of work. . (See your attorney or use a copy of the (See your attorney or use a copy of the “independent contractor” contract found on “independent contractor” contract found on page 93 of the Special Districts Accounting page 93 of the Special Districts Accounting Handbook available online at Handbook available online at http://audit.state.wy.us/PFUNDS/MANUALS%20ahttp://audit.state.wy.us/PFUNDS/MANUALS%20and%20RFP%20form/Special%20District%20Accond%20RFP%20form/Special%20District%20Accounting%20Manuel%202003.docunting%20Manuel%202003.doc or contact WACD)or contact WACD)

• Amounts paid, if over $600, must be reported to Amounts paid, if over $600, must be reported to IRS on a Form 1099. This includes banquet IRS on a Form 1099. This includes banquet entertainment, speakers, etc.entertainment, speakers, etc.

• Contact WACD or visit the IRS website at Contact WACD or visit the IRS website at www.irs.govwww.irs.gov for more information on for more information on determining if your worker is an independent determining if your worker is an independent contractor.contractor.

• Proof of liability insurance – require in contractProof of liability insurance – require in contract

Worker’s Worker’s Compensation/Compensation/Unemployment Unemployment InsuranceInsurance

Workers CompensationWorkers CompensationWorkers Compensation is a Workers Compensation is a MANDATORYMANDATORY insurance policy, which insurance policy, which pays medical bills and job benefits to workers injured on the jobpays medical bills and job benefits to workers injured on the job..

• If a District employee performs work in the field, the If a District employee performs work in the field, the Conservation District should establish an account Conservation District should establish an account and pay premiums on the gross salary of each and pay premiums on the gross salary of each employee. employee.

• Clerical workers can be exempt from the program, Clerical workers can be exempt from the program, however it is not recommended. If the District has however it is not recommended. If the District has not elected total coverage for all of their employees, not elected total coverage for all of their employees, no premiums should be paid and injuries that occur no premiums should be paid and injuries that occur on the job are not covered. on the job are not covered.

Workers CompensationWorkers Compensation

• All Districts must open an account with Workers All Districts must open an account with Workers Compensation and then make monthly payroll reports Compensation and then make monthly payroll reports to the Dept. of Employment. If an account has not to the Dept. of Employment. If an account has not been opened the District may be required to pay back been opened the District may be required to pay back premiums of up to two years.premiums of up to two years.

• If an employee is injured on the job and no account If an employee is injured on the job and no account has been opened, nor premiums paid, and the job is has been opened, nor premiums paid, and the job is covered by Workers Compensation, Workers covered by Workers Compensation, Workers Compensation will pay the medical bills and job Compensation will pay the medical bills and job benefits. They will then collect these funds from the benefits. They will then collect these funds from the employer.employer.

Unemployment InsuranceUnemployment Insurance

• Conservation Districts are subject to Conservation Districts are subject to Wyoming Unemployment Laws and Wyoming Unemployment Laws and should have an “account” with the should have an “account” with the Department of Employment in Casper. Department of Employment in Casper. Payments should be made to the Payments should be made to the account on a quarterly basis.account on a quarterly basis.

Unemployment InsuranceUnemployment Insurance

• Government employers, such as Districts, may Government employers, such as Districts, may elect to reimburse the Unemployment elect to reimburse the Unemployment Compensation Fund for the amount of benefits Compensation Fund for the amount of benefits paid to their former employees in lieu of payroll paid to their former employees in lieu of payroll tax deductions. In cases such as these, the tax deductions. In cases such as these, the District should set aside funds in a separate District should set aside funds in a separate account to be utilized in the case of an account to be utilized in the case of an unemployment claim. unemployment claim. District boards need to District boards need to maintain consistency with the account. It is maintain consistency with the account. It is recommended that the District make recommended that the District make quarterly payments to the account, based quarterly payments to the account, based on past claims and salaries.on past claims and salaries.

• In general, both full and part time employees are In general, both full and part time employees are eligible for benefits if they are laid off.eligible for benefits if they are laid off.

The Wyoming Department of The Wyoming Department of Employment, Workers Compensation Employment, Workers Compensation can be reached at 777-6763.can be reached at 777-6763.

For more information on Unemployment For more information on Unemployment Insurance contact 235-3217Insurance contact 235-3217