DISABLED SPORTS USA IN PARTNERSHIP WITH HR COMPLIANCE THE BASICS BEST PRACTICES FA C I L I TA T E D B Y ; C H A R L E N E F I T Z PA T R I C K, P H R

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1 DISABLED SPORTS USA IN PARTNERSHIP WITH PRESENT, HR COMPLIANCE THE BASICS & BEST PRACTICES FA C I L I TA T E D B Y ; C H A R L E N E F I T Z PA T R I C K, P H R

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3 DISCLAIMER AGENDA HR REQUIREMENTS MINIMIZING RISK POLICIES & PROCEDURES MANAGING EMPLOYEES/VOLUNTEERS RESOURCES SAVE. PROTECT. GROW.

4 DISCLAIMER This training program contains general information concerning employment laws. It is not intended as, nor should it be construed as, legal advice concerning any past, pending or potential legal matters. For legal advice pertaining to any specific legal matter, please consult an Attorney.

5 HR REQUIREMENTS PRACTICE FUN WHAT ARE MY HR REQUIREMENTS IT S THE LAW GAME

6 PRACTICE FUN

7 WHAT ARE MY HR REQUIREMENTS DRIVERS OF EMPLOYMENT REGULATIONS The total number of employees Doing business with the Government State or Federal who has the juice

8 WHAT ARE MY HR REQUIREMENTS LEGAL REQUIRMENTS HUMAN CAPITAL NEEDS

9 IT S THE LAW GAME

10 IT S THE LAW GAME Title VII of Civil Rights Act 1964 > 15 employees Back pay, front pay etc Sexual Harassment Quid pro quo & Hostile work environment Civil Rights Act 1991 Jury trials Damages Preg Disc Act 1978 Treatment on ability & inability to perform duties Equal Pay Act 1963 >15 employees Equal pay for equal work Age Disc in Emp Act 1967 >20 employees >40 yrs old

11 IT S THE LAW GAME ADA 1990, & Amendments >15 employees Protects individuals with disabilities Volunteer Protection Act 1997 No liability to volunteer acting within scope of responsibilities FLSA 1938 >2 employees Min wage; OT; Exempt status; Child labor Employee or ID IRCA 1986 I-9 forms

12 IT S THE LAW GAME FMLA as Amended >50 employees 12 wks unpaid job protected leave if qualify Workers Compensation >3 employees (Depends on state) No fault remedy for hurt workers on the job OSHA All employers Safe work environment W.I.N.T.E.R. Tip WC, FMLA, ADA can run concurrently depending on circumstance SEEK HR AND/OR LEGAL

13 MINIMIZING RISK KNOW THE BASICS POLICIES & PROCEDURES/HANDBOOK WHEN AND WHY DO I NEED ONE WHAT TO INCLUDE IN THE P&P

14 KNOW THE BASICS Consistency Document, document, document Federal or State Law Knowledge of & Up to Date Policies Manager Responsibility Required Postings Careful of the Secret Danger Claim

15 RETALIATION Secret Danger Claim!!!! Retaliation occurs when an employer, employment agency, or labor organization takes an adverse action against a covered individual because he or she engaged in a protected activity. Adverse Action Covered Individual Protected Activity

16 POLICIES & PROCEDURES/HANDBOOK EMPLOYEE HANDBOOK POLICIES & PROCEDURES A guide book or document for employees with basic company policies, benefit programs, as well as the general expectations of the company, including acceptable and unacceptable behavior and disciplinary measures A reference tool for managers and supervisors with more detail of every aspect of company policy, the procedures for following those policies and the forms needed to complete each process.

17 WHEN AND WHY DO I NEED ONE Challenge and opportunity of discretion YOU DON T Practices specifically required by law Guidelines for managing effectively

18 WHAT TO INCLUDE IN THE P&P DO NOT COPY ONE AND PUT YOUR NAME ON IT

19 WHAT TO INCLUDE IN THE P&P POSSIBLE POLICY SECTIONS; Introductory or Welcome Equal Employment Opportunity Policies Employment and Compensation Policies Time-Off Policies Employee Benefits Employee Safety Corrective Discipline/Termination Policies Grant/Contract Required Policies

20 MANAGING EMPLOYEES AND VOLUNTEERS THE DIFFERENCE S PRACTICE FUN MOVING ON RESOURCES (HELP)

21 THE DIFFERENCE S EMPLOYEES SUFFERED AND PERMITTED TO WORK Performance standards Job Expectations & Obligations Pre-employment process Job descriptions Policies & Procedures Labor & Employment rights Can file a complaint VOLUNTEERS DONATE SERVICES AND TIME WITHOUT PAY Volunteer standards Role Expectations Pre-volunteer process Volunteer guidelines Volunteer Policies No employment rights could get tricky Can file a complaint

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23 MOVING ON Materials Logistics Message

24 MOVING ON Materials Employee handbook and policy relevance Documents to support expectation was clearly communicated, monitored and managed PIP Logistics Timing Location Process Message PRACTICE PRACTICE PRACTICE

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26 REMEMBER High achievement always takes place in the framework of high expectations And Good work that gets noticed, gets repeated