HR Issues for City Clerks

Transcription

1 Hiring and Veterans Preference Leaves of absence How to compute overtime and important FLSA changes Discipline and Performance HR Issues for City Clerks 2018 Clerk s Conference Joyce Hottinger, Asst. HR Director Donyelle Mikacevich, HR Manager

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3 Model Employment Application Can be found on the League s website: See a link on page 17 of the Hiring Chapter of the HR Reference Manual to find a model employment application

4 Veterans Preference Since 2012, cities have been required to increase Veterans preference points to 10 for nondisabled veterans and 15 points for disabled veterans

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6 League recommends reference checks before hire Get a signed release Law requires for some positions: Peace Officers (M.S ) CDL holders (M.S ) Children s Service Providers (M.S. 299C.60) Firefighters (M.S. 299F.035)

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8 Up to 12 weeks of unpaid FMLA Parenting and bonding leave Providing care for a spouse, son, daughter or parent with a serious health condition Qualifying Exigency Employee unable to work due to a serious health condition

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11 Worked for the city at least 12 months

12 What magic words does an employee need to say to request FMLA?

13 FMLA Benefits Job and benefit protected leave

14 Minnesota Law: WESA Sick and safety leave Nursing mothers Pregnancy and Parental Leave Pregnancy Accommodation Wage disclosure

15 Parental Leave Previously 6 weeks See Page 31 of this link As of July 1, 2014: 12 weeks

16 No doctor s note for these accommodations: More frequent restroom breaks or food and water breaks; Seating arrangements; Limit on lifting of no more than 20 pounds

17 All cities are covered if they employ one or more employees. Employers are to provide: Reasonable unpaid break time for nursing mothers to express milk for nursing her child for one year after the child s birth. A room (other than a bathroom) as close as possible to the work area, that includes access to an electrical outlet, where the nursing mother can express milk in private.

18 Expanded the current legal requirement to allow the use of accrued personal sick leave benefits for an absence due to illness or injury to an employee s child to other relatives 160 hours in any 12-month period

19 Safety Leave Was new in 2014 For the purpose of providing or receiving assistance because of sexual assault, domestic abuse, or stalking. See list under sick leave expansion law

20 Fair Labor Standards Act Basic principle: If a non-exempt employee engages in hours worked beyond the overtime threshold, the employee is entitled to overtime compensation at one and one-half times the regular rate of pay or compensatory time off at the time and one-half rate.

21 FLSA Overtime Pay Child Labor Minimum Wage Recordkeeping

22 Salary Basis Test Exempt Employee Duties Test

23 LMC Memo: Fair Labor Standards Act (FLSA): Determining Exempt vs. Non- Exempt Status and review the U.S. Department of Labor, Wage and Hour Division s Fact Sheet #17A- FLSA Exemptions To be or not to be Exempt or Non- Exempt? Executive Administrative Professional

24 $455** per week Salary Test Must receive a predetermined amount of pay each pay period CANNOT be paid by the hour CANNOT be subject to variations in pay based on quality or quantity of work Must receive full salary for any week in which work is performed

25 Whether the duties of a particular job qualify as exempt depend on what they are. Review the duties, NOT the job title

26 Effective Jan. 1, 2018, Minnesota s minimum wage will increase to $9.65 per hour for large employers (up from $9.50 per hour), and to at least $7.87 per hour for small employers (up from $7.75 per hour). Both of these rates will be adjusted for inflation at a rate to be determined by the commissioner of the Department of Labor and Industry by Aug. 31 annually.

27 What to do when an employee is struggling in their job

28 Personnel Policies Always doublecheck Read related policies Is it a unioncovered issue? What is actual practice?

29 Legal Issues Protected status (age, race, veteran, disability, gender, sexual orientation, familial) Whistleblower protections Key is to show equal treatment or business case

30 Rights of Representation Union Issues Disciplinary meetings & those that could lead to discipline Unless interferes (e.g. disrupts meetings, can t schedule in reasonable timeframe) with management rights Employee requests union representation

31 Open Meeting Law Open to take action Closed for performance evaluation Employee must be given the choice to open the meeting

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33 When members are STUMPED with questions, We are here to help!

34 Joyce Hottinger Donyelle Mikacevich