Welcome to NISH South Region RBSM Training

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Welcome to NISH South Region RBSM Training
In cooperation with

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South Region
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RBSM TrainingVolume 4 Personnel Policies
Presented By Mickey Crowe, CBSE NISH South
Region ccrowe_at_nish.org Ph 678.581.7283
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Personnel Policies

• Fair and reasonable personnel policies, and the
  consistent and evenhanded administration of those
  policies, are indispensable in attracting and
  keeping good employees and enabling them to work
  effectively.
• An essential tool is a personnel policy
  manual/written hand book.
• Implied contracts
• Disclaimers

• Note The information provided in this training
  is general in nature. Consult legal and
  professional guidance for specific issues. No
  guarantee of accuracy or completeness is
  expressed or implied. Trainer is not a legal
  professional or expert.

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Employee Handbook

• Equal employment opportunities - legal
• Company benefits holidays, vacations, sick
  leave, personal leave, insurance
• Employees responsibilities hours, pay period,
  records, termination, badges, uniforms, English
  only rules, property, telephone, breakage,
  vehicles, solicitation
• Should not include cleaning procedures

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Employee Handbook

• Handling trash, quality control, safety
• Equipment, supplies
• Reporting injuries, emergency procedures
• Building security post 9/11
• Job Description, behavior - discipline
• Other prohibitions
• Alcohol, drugs
• Theft, tardiness, gambling
• Allowing unauthorized personnel into bld
• Discharge at will policy

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Discrimination

• Equal Employment Opp Commission
• Office of Fed Contract Compl Programs
• Depart of Health and Human Services
• Immigration and Naturalization Service
• Avoid discrimination charges by
• Keep accurate personnel records
• Accommodate employee disabilities
• Monitor hiring statistics
• Investigate employee complaints

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Discrimination

• Seniority?
• Abortion?
• Age Discrimination? ADEA (over 40)
• Older Workers Benefits Prot. Act (1990)
• BFOQ Bona fide occupational qualif.
• Dress grooming policies?
• Public health and welfare
• Sex differences
• No-beard rules?

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Discrimination

• A company is responsible for any discrimination
  that occurs in its workplace, and may not escape
  legal liability by claiming that someone else is
  to blame.
• Intent versus Impact protected groups?
• Religious discrimination?
• Pregnancy vs other temporary conditions?
• Personal grooming? Disability?
• Consistent, impartial treatment of all employees
  is very important

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Sexual Harrassment

• Sexual harassment includes unwelcome sexual
  advances, requests for sexual favors and other
  verbal or physical conduct of a sexual nature.
• An employers liability for sexual harassment in
  the workplace is broader than for other types of
  discrimination.
• The importance of complaint procedures.
• Written policies.

A company may be held responsible for sexual
harassment by its supervisors, agents and
management team.
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Harrassment

• Using email and Internet
• Creating intimidating, hostile or offensive
  environments
• Interfering with work
• Adversely affecting emp opportunities
• Publicize and enforce policies equally
• Complaints procedure and follow up
• Investigate all reports of harassment
• Take prompt/appropriate action

• How many hats do you wear?

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Discrimination Proceedings

• Charge must be filed with EEOC within 180 days
  after alleged incident
• Responding to charge
• Dont get angry or take retaliatory action
• Do collect records, anticipate, get legal counsel
• Affirmative action plans?
• Veterans and handicapped?
• Women and minorities?
• Reverse discrimination?
• Importance of documentation

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Discrimination Proceedings

• You should cooperate with the EEOC but not allow
  a complainant to take advantage of you or your
  company.
• The Investigation?
• The Determination?
• No cause not necessarily a win
• Probable cause - offer to settle
• Arbitration
• Litigation Union? Statistical evidence?

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Affirmative Action

• The court may require a plan
• Required by law
• Voluntarily decides to implement a plan
• Veterans and handicapped?
• Women and minorities?
• Age discrimination?
• Reverse discrimination
• Documentation good records!!!!

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Requirements

• Define workweek?
• Define hours worked? Travel?
• Compensation? Overtime?
• Regular OT? Coefficient OT?
• Living wages ver minimum wage?
• Equal pay for equal work?
• Disparate impact? Seniority? Penalties?
• Family Medical Leave?

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Wages and Hours

• An employee is defined as a person whose work
  week is controlled or directed by the employer
  and who works primarily of the employers
  benefit
• Volunteers?
• Apprentices trainees?
• Independent Contractors?
• Investment in equipment?
• Other customers?
• Control of how service is provided?
• Skill of work and permanency of relationship?

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Other Exemptions

• White collar -- Salary or Fee Basis
• Exempt status vs Non-exempt status?
• Executive, administrative, professional
• Managers and supervisors are generally exempt
  from wage and hour of FSLA so long as their
  primary duties are managerial. Records should be
  kept to document actual work performed.

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Summary of Laws

• Civil Rights Act of 1964
• Pregnancy Discrim Act of 1978
• Executive Order 11246
• Age Discrimination in Emp Act 1967
• Rehabilitation Act of 1973
• Vietnam Era Veteran Readjustment Act of 1974
• Americans with Disabilities Act of 1994
• Immigration Reform and Control Act of 1986
• State and Local Laws
• Also Collective Bargaining Agreements

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In Conclusion

• Remember that you are expected to know your
  responsibilities under the labor laws. Lack of
  knowledge is no defense. It is only through
  careful planning, administration, and
  recordkeeping that you can comply with the
  growing number of regulations and avoid costs of
  noncompliance.

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Did you have an aha moment today?

• How about sharing it with us?
• How about sharing it with your neighbor at the
  next break?
• What are you going to do about it?

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Resources and Closing Points

• BSCAI Support www.bscai.org new web site soon
• Services Magazine read and share
• Annual Convention Trade Show be there!!!!
• CBSE RBSM Designations professionalism!!!
• Product Catalog invest in your people!!!!!
• Information Central 800.368.3414 free help!
• Get involved volunteer, mentor, give of
  yourself !!!
• What is the one thing I can do today to promote
  professionalism within my industry?