PERSONNEL MANUALS:

CONSIDERATIONS for ASSOCIATIONS

Diana Cecil, SPHR

Human Resource Consultant

Texas Association of Counties

NACO – Washington DC

March 5, 2012

Objectives

• Identify the purpose and limitations of personnel manuals

• Create an awareness of the benefits and liabilities of personnel manuals

• Determine the importance of content and legal compliance issues

Benefits of Personnel Manuals

• A valuable communication tool

• Pre-determined and defined decisions

• Promotes legal compliance with federal and state employment laws

• Promotes consistent treatment for all employees

Personnel Manual Purposes Served

• They help employees understand the association’s philosophy

• They inform employees about conditions of their employment

• They explain the benefits available to all employees

Potential Liabilities

• May erode employment at-will doctrine

• Require careful annual updating

• May be poorly written

• May not cover all key areas

• May not be followed consistently

• May bind the association unintentionally

Disclaimers are Important

• This is not a contract – no employment guaranteed

• This is only a set of guidelines

• This does not alter employment at-will doctrine

• This can be changed at any time with or without notice

Fair Labor Standards Act - FLSA

The FLSA does six things:

• Sets minimum wage

• Establishes overtime pay requirements

• Sets recordkeeping requirements

• Sets equal pay for equal work

• Restricts child labor

• Requires breaks for nursing mothers

No minimum number of employees

Fair Labor Standards Act - FLSA

What’s different for counties:

• Compensatory time allowed

• Law Enforcement allowed a partial overtime exemption called the 207(k) exemption

• Exempt employees allowed to have “partial day docking” due to public accountability

American’s with Disabilities Amendments Act - 2008

The ADAAA does the following:

Prohibits employers from discriminating against employees with disabilities. It requires:

• Interactive process

• Reasonable accommodation unless undue hardship exists

Minimum number of employees is 15

American’s with Disabilities Amendments Act - 2008

What’s different for counties:

Same for all organizations – differences lie in the ability to make the reasonable accommodation

• Size of organization

• Financial resources of organization

• Nature and structure of operation

Title VII of the Civil Rights Act - 1964

Title VII makes it unlawful to discriminate based on an employees:

• Race

• Color

• Religion

• Sex

• National Origin

• Amended by the Pregnancy Discrimination Act to protect employees who are pregnant

Minimum number of employees is 15

Title VII of the Civil Rights Act - 1964

What’s different for counties:

Same for all organizations

• Implement policies prohibiting

• Train all supervisors to limit your liability

The Age Discrimination in Employment Act - 1967

ADEA protects both applicants and employees who are over the age of 40 from discrimination based on age

• Counties must comply same as any other organization

Minimum number of employees is 20

Family Medical Leave Act - FMLA

The FMLA requires:

• Employer to grant qualifying employees up to 12 weeks of unpaid leave for

Birth or care of child, foster child or adoption of child

Care of spouse, parent or child for serious health condition

Employees own serious health condition

Minimum number of employees is 50

Family Medical Leave Act - FMLA

The FMLA requires:

• Employer to grant qualifying employees up to 12 weeks of unpaid leave for

Military exigency leave

Military care giver leave

Family Medical Leave Act - FMLA

Other FMLA requirements:

• Employee must have worked for employer for 12 months (not consecutive)

• Employee must have worked for 1250 hours in the past 12 months

NOTE: 11 states have enacted their own FMLA laws California, Minnesota, Vermont, Connecticut, New Jersey,

Washington, Hawaii, Oregon, Wisconsin, Maine, Rhode Island

Family Medical Leave Act - FMLA

What’s different for counties:

Under federal FMLA all public agencies are covered, they must post the federal poster and respond to FMLA request when asked. They do not have grant leave unless all the eligibility parameters are met, including the 50 employees.

The Occupational Safety and Health Act - OSHA

OSHA states that an employer "shall furnish to each of its employees conditions of employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious injury or harm to its employees.”  

OSHA enforces regulations which require employers to undertake specific safety and health precautions and has specific monetary penalties.

No Minimum Number of Employees

The Occupational Safety and Health Act - OSHA

To help assure a safe and healthful workplace, OSHA also provides workers with the right to:

• Ask OSHA to inspect their workplace

• Use their rights under the law without retaliation and discrimination

• Receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to their workplace. The training must be in a language you can understand

• Get copies of test results done to find hazards in the workplace

• Review records of work-related injuries and illnesses

• Get copies of their medical records

The Occupational Safety and Health Act - OSHA

What’s different for counties:

 Currently, 25 states exercise some level control over occupational safety and health in their states and include local public sector workplaces. They are:

Alaska, Arizona, Arkansas, California, Connecticut, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, Wyoming

Other Law’s That Matter

• Uniformed Services Employment and Re-employment Rights Act – USERRA

• Consolidated Omnibus Budget Reconciliation Act – COBRA

• Genetic Information Non-Discrimination Act -2008

Other Compliance Issues

• Equal Employment Opportunity

• Employment At-Will Status

• Sexual & General Harassment – Hostile Environment

• Workers’ Compensation

• Drug Free Workplace

What Else to Include?

• Benefits

• All types of time off

• Pay issues

• Safety

• Discipline

• Terminations

What Else to Include?

• Employee Expectations

- Tardiness/Absenteeism

- Conflict of Interest

- Performance Standards

What Else to Include?

• Social Media Policies

• Cell Phone Policies

• IRS Fringe Benefit Policies

• Computer Policies

• Unique Issues for Your Association

What Not to Include

• Permanent Employees

• Probationary Periods

• Just Cause – For Cause

• Property Interest Statements

• Annual Salary Statements

Signed Employee Receipts• Each employee should receive a

copy of the manual

• Each employee should sign an acknowledgement

• Each employee should sign for receipt of new and revised policies.

In Summary

Your association personnel manual should:

• Explain written rules, benefits, and expectations for all employees.

• Be communicated to each employee.

• Be reviewed regularly and revised as needed.

• Be compliant with all federal and state laws.

Questions?

PERSONNEL MANUALS:

CONSIDERATIONS for ASSOCIATIONS

Diana Cecil, SPHR

Human Resource Consultant

Texas Association of Counties

NACO – Washington DC

March 5, 2012