HUMAN RESOURCES & PAYROLL 101Elizabeth Sullivan, SHRM-CPCompensation & Benefits SupervisorSWWC Service Cooperative

AGENDAHR & Payroll 101

Recruitment & Hiring

Employee Relations

Compensation & Benefits

Documentation

Compliance

Resources

Frequently Asked Questions

RECRUITMENT & HIRING

INTERVIEWING:• Consistency• Types of interview

questions• What NOT to ask• Taking notes

SCREENING:

• Interview everyone or certain #?

• 100-point scoring form• Veteran’s Preference

SOURCING:

• Ed Post• Social media (Twitter,

Facebook, etc.)• Online job posting sites• Local newspaper• Local colleges

POSTING:• New or replacement

position• Type – bargaining

group, sub, regular or temporary, etc.

• Need board approval prior to hiring?

• Required posting times (per MA)

APPLICATION:• Minimum requirements• Digital or paper• EEO statement• Data privacy statement• FMLA notice

• Background, certifications, education, etc.

• Disclosures• What NOT to ask

SCREENING DOCUMENTS RETENTION SCHEDULE

Document Title Example & Description

Retention Period Data Practices Statute

Applications for Employment – HIRED

(kept in personnel file)

Application, Resume, & Interview Documents –incl. cover letters, interview notes, interview questions & answers, job inquiries, rejection letters, etc.

6 Years or until final disposition of a discrimination charge, 29 C.F.R. 1602.14(a), 29 C.F.R. 1602.40, 29 C.F.R. 1627.3(b)(1), Minn. Rules 5000.2250

Public/Private MS 13.43

Applications for Employment – NOT HIRED

(kept in job posting file)

Application, Resume, & Interview Documents –incl. cover letters, interview notes, interview questions & answers, job inquiries, rejection letters, etc.

2 Years or until final disposition of a discrimination charge, 29 C.F.R. 1602.14(a), 29 C.F.R. 1602.40, 29 C.F.R. 1627.3(b)(1), Minn. Rules 5000.2250

Public/Private MS 13.43

Always follow your district’s adopted retention scheduleIt must be registered with the Minnesota Historical Society or you have to keep EVERYTHING FOREVER!

Friendly Reminder –Don’t put anything in the interview notes you don’t want to

have to defend later!

ONBOARDING

ORIENTATION:• Insurance and other

benefits• Required district

training• Job-specific training• Assign a coach/mentor

OTHER PROCEDURES:• Direct deposit• Union dues check-off• Emergency contact• Welcome form

BACKGROUND CHECK(S):

• Reference checks• Criminal background

check• TDIS check• MHCP provider

screening checks

OFFER LETTER:• Assignment

information• Conditions of hire• Contract• Background check• Summary of benefits• Orientation

information

REQUIRED PROCEDURES:• I-9• Verify SS number• Federal W-4• W4 MN

• Official transcript• Verify licensure• Wage Theft Statement/

Employee Notice

BehavioralControl

Who has the right

to control and

direct the work

performed?

Relationship

Contracts

Benefits

Permanency of

relationship

Exemptions

Primary duty test: Executive,

Administrative and Professional

Must also meet salary basis &

salary level*

Why it’s important

Non-exempt entitled to minimum

wage and overtime rate of 1.5 times

their regular rate of pay.

Exempt cannot have docks in pay for

different hours worked.

LABOR TYPES

IndependentContractor

Employee Exempt Non-exempt

VS. VS.

FinancialControl

Expenses

Profit/Loss

Paid wages or flat

fee for service?

Duration

Each bargaining group should have

an established probationary period.

Teaching staff are determined by

MN statute 122A.40.

Why it’s important

Seniority List

Hearing rights

ULA process

LABOR TYPES

Union Non-union Probationary Post-probationary

VS. VS.

What to know

Master Agreement

Contract or letter of assignment

Dues

What to know

Personnel policies

Negotiations

Hearing rights

Tools to recruit and retain staff

Benefits

• 403(b)• Insurances

• Health• Dental• Vision• Life• LTD• Supplemental (e.g. Aflac or Aetna)

• Accounts• HSAs• VEBAs• HRAs• FSAs

• Mandatory Pension plans• PERA• TRA

• Employee Assistance Program• PTO

• Sick leave• Personal leave• Annual leave/vacation• Holidays• Other types

Other Compensation & Benefit Tasks

Garnishments, levies and child support orders

Workers’ compensation

Leaves of absence

Quarterly reporting

EMPLOYEE RELATIONS

TERMINATION:• Hearing rights• Exit interviews• Final paycheck• COBRA• Unemployment

PERFORMANCE MANAGEMENT

• Goal setting• Evaluation process• Professional

development

DISCIPLINARY ACTION:• Bullying and harassment

complaints• Investigation process• Progressive discipline

• Performance improvement plans

• Grievance procedure

Decision MakingCheat Sheet• Do I have both sides of the story?• What does federal law say?• What does the state statute say?• Is there an applicable municipal law?• What does the:

• CBA say?• board policy say?• employee manual say?

• What is the history around the issue? • Is there any documentation? • What is past practice?

• Would I make the same decision for any other employee?

• Have I consulted Human Resources?• Have I consulted an attorney, auditor or other

appropriate professional?• Can I defend my decision to:

• the Principal?• the Superintendent?• the Board?• the parent(s)/public?• the union president and/or affiliation

representative?• a reporter?• a hearing officer or judge?

ALL

HRDocuments

Master Agreements

and Personnel Policies

Employee Manual/

Handbook

BoardPolicies

DOCUMENTATION

Be specific. Include details on who, what, where, when, why and how.

Be descriptive. Share examples and explanations.

Don’t forget to follow your adopted retention schedule.

Job Descriptions

StudentHandbook

PersonnelFiles

If you didn’t document it, it didn’t happen.

Navigating the alphabet soup of requirements and terminologyCompliance

ACA –ADA –ADAAA –ADEA –BFOQ –BLS –COBRA –CCPA –EEOC –EPA –EPPA –ERISA –FCRA –FLSA –FMLA –FUTA –GASB –HIPAA –IRCA –MGDPA –NLRA –OSHA –OWBPA –PDA –PELRA –PRWORA –USERRA –WC –

Affordable Care ActAmericans with Disabilities ActAmericans with Disabilities Amendment ActAge Discrimination in Employment ActBona Fide Occupational QualificationsBureau of Labor StatisticsConsolidated Omnibus Budget Reconciliation ActConsumer Credit Protection ActEqual Employment Opportunity CommissionEqual Pay ActEmployee Polygraph Protection ActEmployee Retirement Income Security ActFair Credit Reporting ActFair Labor Standards ActFamily and Medical Leave ActFederal Unemployment Tax ActGovernmental Accounting Standards BoardHealth Insurance Portability and Accountability ActImmigration Reform and Control ActMinnesota Government Data Practices ActNational Labor Relations ActOccupational Safety and Health AdministrationOlder Worker’s Benefit Protection ActPregnancy Discrimination ActPublic Employer Labor Relations Act/AssociationPersonal Responsibility and Work Opportunity Reconciliation ActUniformed Services Employment and Reemployment Rights ActWorkers’ Compensation

Title VII

Wage Theft Law

• COBRA FAQ• EEOC Publications – Fact Sheets by Discrimination

Type• EEOC – Q&A on ADAAA• Employment Law Guide & DOL Summary• FLSA – Reference Guide• FMLA – Employer Guide• FMLA – Guidance, Fact Sheets, Forms, Poster &

More• IRS – Independent Contractor or Employee?• IRS – Employer’s Tax Guide (Pub. 15)• MGDPA• MN DEED – Employer’s Guide to Employment Law• MN DOLI – Wage Theft Law Employer Guidance• MN DOLI – Workers’ Compensation• MN Dept. of Revenue – New Employer (Employee)

Guide• OSHA Law and Regulations• OSHA Recordkeeping• SSNVS (SS check)• UIMN – Employer Page

Government Sites RESOURCES Calendar and Checklists

Forms

• Annual Notices & Training• HR & Payroll Calendar• ADA Checklist• FMLA Checklist

• I-9• Federal W-4• Minnesota W-4

Minnesota Statutes• 13.43 – Personnel Data• 121A.031 – School Student Bullying Policy• 122A.40 – Teacher Continuing Contract Rights• 122A.50 – Teacher Prep Time• 123B.03 – Background Checks• 138.17 – Government Records• 177.23 – re. Direct Deposit• 177.253 – Mandatory Work Breaks• 177.254 – Mandatory Meal Breaks• 179A.03 – Public Employee Definition• 181.13 – Prompt Wage Payment• 181.14 – Payment to Employees Who Quit• 181.79 – Wage Deductions• 181.941 – Pregnancy and Parenting Leave• 181.9413 – Sick Leave Benefits• 192.26 – Military Leave• 197.455 – Veteran’s Preference• 260E.055 – Maltreatment of Minors• 5200-0120 – Hours Worked (Administrative Rule)

Licensure• BACB• MN Board of Nursing• MN Board of Occupational Therapy• MN Board of Physical Therapy• MN Board of Psychology• MN Board of Social Work• MN Dept. of Health (Food Manager)• NBCOT• PELSB

Other Resources• Employee Records Guide• Employment Law Handbook• Fair Credit Reporting Act Notice• Human Resources Topics• Job Accommodation Network (Ask Jan)• School Safety & Crisis Planning

Background Checks• DHS Excluded Provider Lists• MDE TDIS• MN Bureau of Criminal Apprehension (BCA)• U.S. HHS LEIE Databases

U.S. DOL Fact Sheets• FLSA Exemptions – Fact Sheet #17A• FLSA Recordkeeping – Fact Sheet #21• FMLA – Fact Sheet #28• Hours Worked (breaks) – Fact Sheet #22• Overtime Pay – Fact Sheet #23• State… Gov’ts (comp time) – Fact Sheet #7

Mandatory Posters• MN DOLI Workplace Posters• U.S. DOL Workplace Posters• MDE Assurance of Compliance Equity Laws

Frequently Asked QuestionsQ: When should background checks be run?A: Run checks after the offer of employment has been made but before the employee works with students and before their hire has been officially

approved by the school board.

Q: Can we require direct deposit?A: In the state of Minnesota, you can require direct deposit, though an employee may make a written objection.

Q: Does FMLA start after an employee has exhausted their PTO?A: No, FMLA should run concurrently (at the same time) as an employee uses their PTO. PTO should be used according to company policy (e.g. sick

leave only during period incapacitated by medical condition as certified by the physician, typically 6 weeks for regular delivery and 8 for C-section).

Q: Can an employee refuse FMLA?A: The responsibility to designate FMLA is the employer’s, so you do not need their permission to start the FMLA “clock”. Remind them it is for their

protection. Ensure consistent application of all FMLA regulations.

Q: When is FMLA counted toward an employee’s 12-week entitlement?A: Only days an employee is scheduled to work should count toward their 12-week entitlement. Keep in mind that maternity/paternity leaves can be

taken at any time during the 12 months following date of birth. Intermittent leave need only be allowed when deemed medically necessary.

Q: Should employees be allowed to check their email during “off duty” time?A: For exempt staff, this is okay. For non-exempt staff, all work time needs to be compensated. Set a policy regarding expectations.

Q: Are coaches exempt under FLSA?A: The employee’s primary position determines. Teachers who are coaches – YES. Non-exempt position who are coaches – NO. Coaching only – YES.

Q: What are the REQUIRED break periods?A: Meal breaks are not compensable as long as they are >20 minutes in length and duty free. You have to allow for one if they work 8 hours or more,

but the employee is not required to take it. Rest breaks of an “adequate time to utilize the nearest convenient restroom” must be provided within each 4 consecutive hours of work.

Q: Can an employee refuse to sign a written warning?A: Instead, ask them to sign an acknowledgement saying they have read it and may agree or not agree with its contents.

Thank You!elizabeth.sullivan@swwc.org

(507) 537-2242

Any ?

All information provided in this material is not all-inclusive and is for general purposes only and

is advisory; it does not constitute legal advice.

If further clarification is needed, please seek opinions of

professionals such as an auditor or attorney.