Oregon School Law and Finance Employees: Terms and Conditions of Employment

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1 Oregon School Law and Finance Employees: Terms and Conditions of Employment School Law & Finance Seminar University of Oregon Terms & Conditions of Employment

2 Wage and Hour Laws Fair Labor Standards Act (FLSA) Establishes minimum wage, overtime pay, record keeping, and child labor standards for covered employees in both the private and public sectors, including public school districts (29 U.S.C. 201 et seq.) Requirements Minimum Wages Overtime Records

3 Fair Labor Standards Act Two classifications of employees Exempt Administrative Professional Executive Non-exempt

4 Oregon Wage and Hour Laws [ORS ] Minimum Wage Currently $9.75 Increases by 0.50$ hour each January 1st until 2022 Different rates by region [ORS ] Overtime Time and a half for work over 40 hours per week [ORS ] and [OAR ] Exemptions

5 FLSA: Overtime Only public employees can receive compensatory time off in lieu of overtime compensation

6 Oregon Wage Laws [ORS ] Require an employer, upon notice of wage payment error, to pay employees by the next payday if the amount is less than five percent of the wage If the amount is more than 5% of wages, the employer must pay the employee the amount due within three (3) business days

7 Rest Periods [OAR ] Meal/Rest Period Employer is required to provide 30 minute duty free rest period Provide an exemption if employer can establish the industry practice/custom of paid meal period of less than 30 minutes but not less than 20 minutes exists [ORS ] Not relevant for teachers due to requiring a thirty (30) minute duty-free lunch

8 Leave Provisions Oregon Family Leave Act Employees are allowed to use paid sick leave for any job-protected family leave under the Oregon Family Leave Act (OFLA) Entitled to 60 days of leave (12 weeks) Workers Compensation leave cannot run concurrently with Oregon Family Leave

9 Leave Provisions Oregon Family Leave Same sex domestic partner, parent-in-laws, grandparents and grandchildren are included in the definition of family member for purposes of family leave allowed under the Oregon Family Leave Act (OFLA)

10 Leave Provisions Oregon Family Leave Act [ORS 659A.885] Domestic Violence Leave Requires employers with six (6) or more employees to grant unpaid leave for employees who are victims of domestic or sexual violence or stalking for purposes of obtaining legal or law enforcement help, obtaining medical attention, obtaining services of a domestic violence shelter, rape crisis center, psychological counseling or relocation

11 Leave Provisions Sick Leave School district and Education Service District (ESD) employees are allowed to transfer accrued unused sick leave to Oregon Department of Education (ODE) if they are subsequently employed by ODE ODE employees are allowed to transfer accrued unused sick leave to a school district or ESD if subsequently employed by a school district or ESD

12 Oregon Administrator Contracts Golden Parachute Prohibition Prohibition on golden parachutes applies to the following school administrators Performing administrative duties Regardless of any licensure requirement Includes superintendents, assistant superintendents, business managers Excludes persons subject to Accountability for Schools for 21st Century law ( )

13 Oregon Administrator Contracts (cont d) Can t enter into a contract with an administrator that compensates the administrator for work not performed Requires school districts, ESD s and public charter schools to enter into an employment contract with each administrator

14 Oregon Administrator Contracts (cont d) Allows districts to provide health insurance benefits to an administrator who is no longer employed by the district School administrators are prohibiting purchasing property or surplus property of the district or school for one year after the termination of his or her employment contract prohibits the administrator from using property owned by the district or school in a manner other than that permitted by the general public

15 Oregon Administrator Contracts [ORS to ] Accountability for Schools for the 21st Century Law Applies to any teacher where the majority of their time is devoted to service as a supervisor, principal, vice principal, or director of department or equivalent Does not include superintendent, deputy superintendent, or assistant superintendent

16 Oregon Administrator Contract Probationary period one to three (1-3) years Three-year (3) contract; extension decision by March 15th of year two (2) New three (3)-year contract Extend existing contract for a year; or Notice of non-extension

17 Oregon Teacher Contract Probationary period one to three (1-3) years Contract teachers -- Two-year (2) contract; extension decision by March 15th of each year

18 Teacher Contracts: Tenure Tenure is a statutory right to hold office or employment and to receive the benefits of the position In Oregon permanent status was replaced with contract status in Tenure is not part of Oregon statutory structure but does incorporate job security provisions The benefit of this arrangement to the school district is recruitment and retention stability

19 Constitutional Protections Impairing Obligations of Contracts Federal Article I, Section 10 of the U.S. Constitution (e.g. no law impairing the obligation of contracts) State Oregon Constitution, Article I, Section 21 New law takes affect when contract expires

20 Constitutional Protections cont. Due Process 5th and 14th Amendment protections for deprivations of liberty and property interests 5th Amendment... nor be deprived of life, liberty, or property, without due process of law... 14th Amendment... nor shall any State deprive any person of life, liberty, or property, without due process of law... Due process establishes a balance between the rights of individuals and the exercise of the police power of the state

21 Constitutional Protections (cont d) Due Process What Process is Due? At its most essential, procedural due process requires that a person be given notice and an opportunity to be heard before a final decision is made which would deprive him of life, liberty or property

22 Pre-Termination Hearing Due Process Cleveland Board of Education v. Loudermill, 470 U.S. 532, 1985 Dismissal of a security guard by the board of education for dishonesty on his application after the board discovered his conviction of grand larceny

23 Pre-Termination Hearing (cont d) Due Process The due process clause requires the individual receive notice and a hearing before he or she is deprived of a constitutionally protected property or liberty interest The pre-termination hearing need not be elaborate and the state must give the employee only the opportunity to respond to the charges made against him or her

24 Pre-Termination Hearing (cont d) Due Process For a pre-termination hearing to be valid, the employer must Give sufficient notice to inform the employee that his or her employment is in jeopardy and Convey the rationale or evidence supporting the impending dismissal action. Calhoun v. Gaines, 982 F.2d 1470 (10th Cir. 1992)

25 Oregon Teacher Contracts [ORS ] Renewal or nonrenewal of contracts for following year [ORS ] Termination of teacher's contract; release [ORS ] Resignation in violation of contract

26 Oregon Teacher Contracts (cont d) [ORS ] Probationary teacher Smith v. Salem-Keizer School district, Or App (2003) Overturned 20 years of precedent by ruling a probationary teacher is a contract teacher after being renewed in March and teaching the 135 days that year (rather than the full year). ORS requires notice must be provided to probationary teachers of whether their contract will be renewed from by March 15th [ORS ] Contract teachers

27 Oregon Teacher Dismissal [ORS to ] Accountability for Schools for the 21st Century Law [ORS ] Grounds for dismissal or contract nonextension of contract teacher

28 Oregon Teacher Dismissal (cont d) Nine Grounds Inefficiency Immorality Insubordination Neglect of duty Physical or mental incapacity Conviction of a felony Inadequate performance Failure to meet reasonable requirements Revocation of teaching license

29 Oregon Teacher Dismissal (cont d) [ORS ] Suspension; reinstatement [ORS ] Fair Dismissal Appeals Board (FDAB) Procedures for Appeal and

30 Oregon Teacher Dismissal (cont d) [ORS ] Teacher evaluation; personnel file content [ORS ] Procedure for reduction of teacher staff due to funding or administrative decision

31 Other Terms and Conditions: Collective Bargaining Statutory Terms and Conditions [ORS ] Minimum pay for substitute teachers [ORS ] Contracts with teachers for return of part of salary prohibited [ORS ] Sexual Harassment Prohibited

32 Collective Bargaining [ORS ] Statue [ORS ] Policy statement

33 Negotiations Flowchart Bargaining begins Impasse Parties may agree to mediation prior to end of 150 days Mediation begins Mediation Mediator may declare impasse at any time Impasse after 15 days of mediation Petition for factfinding within 30 days of publishing Factfinding hearing Mediator publishes final offer 30 day cooling off period begins Within 7 days of impasse each party submits cost summary, language of offer to mediator 30 day cooling off period ends Accept/reject report ERB publishes report Employer may implement Union may give 10 days notice Negotiations may continue Reach agreement

34 We re here to help Lisa M. Freiley, Staff Counsel Director & PACE Administrator or