EMPLOYMENT LAW

1
EMPLOYMENT LAW

• EMPLOYMENT A-Z
• HIRING
• EMPLOYMENT
• PAYMENT OF WAGES
• PERFORMANCE MANAGEMENT
• SEPARATION
• Baker Auditorium
• July 19, 2007

2
FACILITATORS

• Charlene Abbott
• Director of Human Resources
• Kim Dronett
• Student Employment Administrator
• Penny Roberts
• Academic Affairs

3
HIRING
4
HIRINGFormal Hiring Plans

• The University has formal hiring plans for
  certain Unclassified and Classified employment
  types.
• The following appointment types must be hired
  through a hiring plan
• Unclassified Employment
• Faculty
• Non Faculty, Non Classified
• Visiting Lecturer
• Graduate Assistant
• Classified Employment

5
HIRINGApproval

• The hiring process begins with Executive Staff
  approval to fill a position and ends with
  Appointing Authority or delegated Appointing
  Authority approval to employ an individual in the
  position. ULS Board approvals and the Department
  of Civil Service approvals must also take place.
• The President of the University is the Appointing
  Authority. The President delegates Appointing
  Authority for certain matters to include hiring
  processes.
• The President approves the hiring process for
  Faculty and Non Faculty, Non Classified
  appointment types.
• The Provost/Vice President of Academic Affairs
  approves the hiring process for Visiting Lecturer
  and Graduate Assistant appointment types.
• The Director of Human Resources approves the
  hiring process for Classified employment.
• NO EMPLOYMENT MAY BEGIN UNTIL THE HIRING PROCESS
  IS COMPLETE AND APPROVED BY ALL CONCERNED.

6
EMPLOYMENT
7
EMPLOYMENTNew Hire Paperwork

• Once the hiring process is complete and approved,
  the employment process begins.
• FEDERAL AND STATE LAWS MANDATE THAT ALL NEW HIRES
  OR RE-HIRES REPORT TO HUMAN RESOURCES OR STUDENT
  EMPLOYMENT PRIOR TO OR NO LATER THAN THE CLOSE OF
  BUSINESS ON THE 1ST DAY OF EMPLOYMENT.
• The employee will complete basic new hire
  paperwork to include
• Federal and State Tax Forms as mandated by the
  Internal Revenue Service
• I-9 Form to include documentation to support
  identity and eligibility to work as mandated by
  the Department of Labor and the Department of
  Homeland Security
• E-2 Form as mandated by the Office of Risk
  Management
• Various other forms mandated by university
  policy.
• In certain cases, drug testing must be conducted
  according to university policy and state law.

8
EMPLOYMENTNew Hire Orientation

• The new hire will receive a New Hire Orientation
  either on an individual basis or as part of a
  group orientation.
• During the orientation process, the new hire
  receives important information regarding state
  employment and also receives a general overview
  of university policies/procedures, and any
  federal and state rules which govern their
  employment. They are also provided basic
  information about university privileges, rights
  and responsibilities. The new hire signs a
  statement agreeing to read and adhere to all. The
  new hire is also provided a private benefit
  orientation within 30 days of hire.
• State and federal labor laws require that, once
  hired, an employee be told the wage amount at
  hire, and the manner that wages will be paid to
  include the date wages will be received, and how
  they will be delivered.
• This information is provided to all new hires
  during the orientation process.

9
PAYMENT OF WAGES
10
PAYMENT OF WAGESTimely Payment of Wages

• Louisiana Revised Statute R.S. 23633 requires
  accurate and timely delivery of wages. Any
  exception to this law must be granted by the
  Department of Civil Service. (Catastrophic event
  would be the only exception granted)
• Failure to pay timely wages can result in
  monetary penalties being imposed on the
  university.
• Accurate and timely wages can only be paid with
  accurate and timely submission of attendance and
  leave records.

11
PAYMENT OF WAGESAttendance and Leave

• All employees of the university are required to
  abide by all policies and procedures of the
  university to include attendance and leave
  policies.
• The Department of Civil Service, the ULS System
  Board, and the US Department of Labor require the
  university to establish a method of
  accountability for attendance and leave.
• All supervisors are required to ensure that
  attendance and leave records are properly
  completed to include signatures, and that these
  legal documents are submitted in a timely manner
  to the proper office.
• Failure to timely submit accurate attendance and
  leave records results in manual payroll check
  processing in order to remain compliant with
  labor laws.
• Manual payroll check processing is time consuming
  causing inefficiency in providing other services.
• Failure to timely submit accurate attendance and
  leave records can result in disciplinary action.

12
PAYMENT OF WAGESApplications for Leave

• A pre-approval of leave system is a requirement
  of the Department of Civil Service and the ULS
  System Board.
• If leave is utilized, a proper Application for
  Leave form must be submitted with the Attendance
  and Leave record.
• When leave is foreseeable, the employee should
  complete a proper Application for Leave form and
  submit to the supervisor in advance for approval.
• When the leave is not foreseeable, the employee
  should complete a proper Application for Leave
  form, and submit to the supervisor immediately
  upon return to duty for approval.
• In other words, do not allow an employee to
  verbally request leave, and do not verbally
  approve leave-have them submit the Application
  for Leave form.

13
PERFORMANCE MANAGEMENT
14
PERFORMANCE MANAGEMENTClassified
EmploymentProbation Period

• Most classified employees are hired on a
  Probational Appointment.
• The probation period is at least six months but
  no longer than 24 months. The university does
  not recommend that an employees probation period
  exceed one year.
• A classified employee is first eligible to
  receive permanent status after serving 6 months
  of the probation period.
• The probation period is a WORKING TEST PERIOD.
• During the Working Test Period, the employee must
  prove that he/she can meet the performance and
  behavioral expectations set by the supervisor in
  the Performance Planning and Review document.

15
PERFORMANCE MANAGEMENT Classified
EmploymentProbation Period

• An employee who is removed from Probational
  Appointment is removed without cause (Non
  Disciplinary) and does not have the right of
  appeal.
• A permanent employee must be removed for cause
  (Disciplinary) and has a right of appeal through
  the Department of Civil Service.
• IN MOST CIRCUMSTANCES, PROGRESSIVE DISCPLINE MUST
  OCCUR TO REMOVE AN EMPLOYEE FOR CAUSE

16
PERFORMANCE MANAGEMENTClassified
EmploymentPerformance Planning Review

• Chapter 10 of the LA Department of Civil Service
  Rules mandate that a Performance Planning and
  Review program be in place at every state agency.
• The university has developed a policy concerning
  Performance Planning and Review which can be
  located on the Human Resource website under the
  link Performance Management.
• 100 compliance is mandated by the Department of
  Civil Service in this area and all other areas of
  Human Resource Management. PPRs are audited and
  the audit results are reported to the Civil
  Service Commission.
• The process consists of a planning session
  followed by a review session NO LATER THAN the
  anniversary date of the employee.

17
PERFORMANCE MANAGEMENTClassified
EmploymentPPR-Late Reviews

• When a review is turned in late, the rating is
  changed from the numerical score given to a
  rating score of UNRATED for UNTIMELY submission.
  (violation of a Department of Civil Service Rule
  in accordance with Chapter 10)
• The Designated Reviewer (Director of Human
  Resources) will contact the rating supervisor and
  the employee to make the change to UNRATED for a
  reason of UNTIMELY.
• The employee will then be offered the Right of
  Review in order to turn the rating back to the
  score given.
• The Designated Reviewer must then contact the
  supervisor of the rating supervisor to ensure
  that the rating supervisor is counseled to remain
  compliant with the Department of Civil Service
  accountability section.

18
PERFORMANCE MANAGEMENTNon Faculty, Non
ClassifiedAnnual Performance Evaluations

• The University of Louisiana System Board requires
  certain non faculty, non classified employees
  receive a performance evaluation on an annual
  basis.
• The policy and forms concerning this process are
  on the Human Resource website.
• This process involves a planning session and a
  rating session.
• An employee hired prior to July 1, 2005 has an
  anniversary date of November 1.
• An employee hired after July 1, 2005 has
  anniversary date of the hire date. (1st rating is
  one year from hire)

19
PERFORMANCE MANAGEMENTWork Improvement Plans

• If an employee receives a needs improvement or
  poor factor in one or more areas on the annual
  review, the employee should be placed on a Work
  Improvement Plan.
• You should request a Work Improvement Plan
  through the Director of Human Resources.
• The Work Improvement Plan is designed to ensure
• The employee clearly understands what is
  deficient.
• The employee is given Tools for Improvement,
  and a timeline for improvement.
• The employee understands what is necessary to
  achieve success.
• The employee understands that a failure to
  correct deficiencies may lead to other actions.

20
PERFORMANCE MANAGEMENT Classified
EmploymentSteps in Progressive Discipline

• Verbally counsel the employee documenting the
  time and date you counseled.
• Counsel the employee in writing and warn that
  future disciplinary action may occur if the
  problem is not corrected.
• Update the planning session. Meet with the
  employee. Tell the employee what the exact
  performance and behavioral expectations are
  during the planning session.
• Provide an accurate and careful review rating for
  each performance factor on the Performance
  Planning and Review form. RATE THE EMPLOYEE IN
  EACH FACTOR ACCORDING TO PERFORMANCE WITHOUT
  CONSIDERING AN OVERALL SCORE.
• Consult the Director of Human Resources for work
  improvement plan, abuse of leave restrictions,
  and/or possible PROGRESSIVE disciplinary actions.

21
PERFORMANCE MANAGEMENTProfessional Development
Plans

• Encourage Professional Development.
• Provide opportunity for employees to
  professionally develop.
• Track professional development through a
  Professional Development Plan.
• See Human Resources for example.

22
SEPARATION
23
SEPARATIONVoluntary Exit and Checkout Procedures

• The university has developed Exit procedures for
  voluntary separations and temporary appointments
  that are ended.
• You may find these procedures and the related
  forms on the Human Resource website.
• It is the responsibility of the supervisor to
  ensure that these procedures are followed when an
  employee exits from their department or from the
  university entirely.
• These procedures are designed to ensure that
  final wages, to include proper leave payoffs, are
  calculated correctly and paid timely in
  accordance with state law, that all university
  property is secured, and that benefit
  continuation, if relevant, may be offered.

24
EMPLOYEE BENEFIT FACT SHEET

• NEW ON HUMAN RESOURCE WEBSITE UNDER BENEFITS

25
SUCCESS FOR EMPLOYEES

• Provide new employees with written departmental
  rules and regulations.
• Provide the necessary training and resources for
  the position.
• Provide the employee with a detailed job
  description to develop a clear understanding of
  the position duties and requirements.
• Communicate with the employee throughout the
  year.
• Conduct planning sessions at the time of hire,
  and throughout the year as duties change or
  performance issues arise.
• Clearly communicate expectations to the employee.
• The minute a problem arises, speak to the
  employee, and set corrective measures in place.

26
CONTACT INFORMATION

• 109 Smith Hall
• Box 91615
• Lake Charles, Louisiana 70609
• [phone] (337) 475- 5722 Hearing Impaired
  (TDD)
• FAX [phone]
• E-mail humanresources_at_mcneese.edu
• DIRECTOR
• Charlene Abbott 475-5977
  cabbott_at_mcneese.edu
• HUMAN RESOURCE ANALYST B
• Benita Malbrough 475-5362
  bmalbro_at_mcneese.edu
• ADMINISTRATIVE COORDINATOR
• Yvonne Jacobs 475-5105
  yvonne_at_mcneese.edu
• HUMAN RESOURCE ANALYST A
• Tonya Peloquin 475-5103
  peloquin_at_mcneese.edu
• HUMAN RESOURCE ANALYST A
• Mary Courmier 475-5989 mcourmier_at_mcneese.edu
  

27
HIRINGGraduate Assistant Hiring Plan

• The Provost/Vice President of Academic Affairs
  approves the hiring process for Graduate
  Assistant appointments.
• Graduate Assistant employment should not begin
  without approval by the Provost/Vice President of
  Academic Affairs.
• The Graduate Assistant hiring plan forms can be
  downloaded from the Student Employment website.
• The hiring plan forms are submitted to the
  department indicated on the top left of each
  form.
• The Student Employment office is responsible for
  the maintenance and update to forms within the
  hiring plan.
• The Graduate Assistant Hiring Plan is currently
  under revision and a new plan will be posted on
  the Student Employment website in the near future.

28
HIRINGGraduate Assistant Hiring Plan

• NEW PROCEDURE
• There will be a change beginning with the fall
  semester in the submission of the Payroll Request
  Form for Graduate Assistant appointments.
• Currently, the Payroll Request Form is submitted
  to Student Employment. This is the form that
  places the employee on the payroll.
• The form has been modified and will be included
  in the revised Graduate Assistant Hiring Plan.
  The Payroll Request Form will now be submitted
  directly to Academic Affairs.
• The change is necessary to ensure that all
  relevant hiring plan procedures and documents are
  complete and approved prior to placement of the
  employee on the Payroll.

29
HIRINGDepartmental BudgetFederal Work Study

• The Student Employment Administrator approves the
  employment of all student employees hired through
  departmental budget funds.
• A student employee hired through departmental
  budget funds should not begin employment without
  approval from the Student Employment
  Administrator.
• Approval is obtained by submitting a Student
  Employee Request Form.
• A Work Assignment Card is issued to the student
  employee to indicate approval for the hire.
• Students who are awarded a job through Federal
  Work Study, Honors College, or Enrollment
  Management are hired through other federal,
  state, or university procedures but are assigned
  through Student Employment and must receive a
  Work Assignment Card before reporting to work.

30
EMPLOYMENT
31
EMPLOYMENTNew Hire Paperwork

• Once the hiring process is complete, the
  employment process begins.
• FEDERAL AND STATE LAWS MANDATE THAT ALL NEW HIRES
  REPORT TO STUDENT EMPLOYMENT PRIOR TO OR NO LATER
  THAN THE CLOSE OF BUSINESS ON THE 1ST DAY OF
  EMPLOYMENT.
• The employee will complete basic new hire
  paperwork, and must provide documentation to
  support identity and eligibility to work.
• The student employee will be issued a Work
  Assignment Card. Graduate Assistant employees
  do not receive a Work Assignment Card
• Student employment should not begin without a
  Work Assignment Card issued by Student Employment.

32
EMPLOYMENTNew Hire Orientation

• All newly hired student workers are given a copy
  of the Student Employment Policy at the time of
  hire.
• The Student Employment Policy governs the
  employment of both undergraduate and graduate
  students.
• The Faculty/Staff handbook contains a Graduate
  Assistant Policy in Section 319 which is specific
  to Graduate Assistant employment.
• State and federal labor laws require that, once
  hired, an employee be told the wage amount at
  hire, and the manner that wages will be paid to
  include the date wages will be received, and how
  they will be delivered.
• This information is provided to all new student
  employees during the orientation process in
  Student Employment.

33
EMPLOYMENTDates of Employment

• Teaching Graduate Assistants are employed
  according to the Universitys academic calendar
  (from the first day of classes through the last
  day of final examinations) for each term.
• Non-Teaching Graduate Assistants are employed
  with varying employment dates which are announced
  by the Student Employment office each semester.
• Some departments may require graduate assistants
  to work prior to or beyond the defined academic
  calendar, but no more than the cumulative hours
  required in a normal employment term.
• All other student workers are employed with
  varying employment dates which are announced by
  the Student Employment office each semester.

34
PAYMENT OF WAGES
35
PAYMENT OF WAGES Timely Payment of Wages

• Louisiana Revised Statute R.S. 23633 requires
  accurate and timely delivery of wages to all
  employees to include student employees.
• Failure to pay timely wages can result in
  monetary penalties being imposed on the
  university.
• Accurate and timely wages can only be paid with
  accurate and timely submission of Time and
  Attendance records (Time Sheet).

36
PAYMENT OF WAGESTime and Attendance

• All employees of the university are required to
  abide by all policies and procedures of the
  university to include student Time and Attendance
  records (Time Sheet) procedures.
• The Department of Civil Service and the US
  Department of Labor require an method of
  accountability for time and attendance.
• All supervisors are required to ensure that
  student Time Sheets are properly completed to
  include signatures, and that these legal
  documents are submitted in a timely manner,
  following university policies, to the Student
  Employment office.
• Failure to timely submit accurate Time Sheets
  results in manual payroll check processing in
  order to remain compliant with labor laws.
• Manual payroll check processing is time consuming
  causing inefficiency in providing other services.
• Failure to timely submit accurate Time Sheets
  will be reported to the appropriate division
  head.

37
PAYMENT OF WAGESWage and Hour

• All student workers are paid bi-weekly.
• All student workers are paid on an hourly basis
  with the exception of Teaching Graduate
  Assistants who are paid on a salary basis in
  accordance with applicable federal laws.
• All student workers who are paid on an hourly
  basis will be paid for the hours worked and
  recorded on the time sheet.
• The payroll schedule is posted on the Student
  Employment website.

38
SEPARATION
39
SEPARATIONTeaching Graduate Assistant Exit and
Checkout Procedures

• A Exit and Checkout Form and procedure have been
  developed for Teaching Graduate Assistant
  employees.
• The new form and procedure will be posted to the
  Student Employment website in the near future.
• The Exit Checkout Form was designed to ensure
  that Teaching Graduate Assistants properly exit
  from the university, that all coursework, grades,
  etc are completed, and that university property
  is collected prior to the exit of the employee.
• It is the responsibility of the supervisor to
  ensure that the Exit Checkout Form is complete
  prior to the employee exit from the university.

40
SUCCESS FOR EMPLOYEES

• In order to have a successful working
  relationship with a student worker, the
  supervisor should clearly communicate job
  expectations to the worker at the time of hire.
• All supervisors should develop a New Hire
  Orientation procedure for student workers
  tailored to the individual department to clearly
  communicate the mission of the department and the
  university as a whole.
• As soon as an issue arises, communicate with the
  student employee to resolve the issue.
• We must all remember that we are preparing the
  student to enter the work force on a full time
  basis.

41
CONTACT INFORMATION

• Student Employment Office
• Student Employment Administrator
• Kim Dronett dronett_at_mcneese.edu
• Administrative Coordinator
• Jamie Sutherland
• Location Smith Hall, Room 106
• Phone [phone]
• Hearing Impaired (TDD) [phone]
• Fax [phone]

42
EQUAL EMPLOYMENT OPPORTUNITY

• Non-Discrimination Policy
• Diversity Awareness Policy
• www.mcneese.edu/administration/vpsse
• Contact Information
• Dr. Rosemary Gray
• Office of Special Services and Equity
• Smith Hall, Room 125
• Box 93248
• Lake Charles, Louisiana 70609
• [phone]
• [phone] TDD
• [phone] FAX