Why get a Church Employee Handbook?

Custom Employee HandbookFairness in ministry and employment.  While a church is a ministry, it is also an employer.  Most employees will be good, but sometimes a hire will be disappointing.  It is best to have established employee policies so that everyone knows what is expected of them.  Even good employees will make mistakes or could misunderstand rules that are just verbal.  A church should establish its employee policies and procedures in writing.   With a well designed church employee handbook, your HR policies will be clear and consistent, you will lower the chance of misunderstanding or frustration among staff, you will offer protection to the ministry, and you will equip your pastors and leaders with a good HR resource.

Some policies are necessary for any church:  at-will employment, non-discrimination, non-harassment, professional ethics, benefits, and pastoral ethics.  Consider some of the other policies that can be included:

church policies 1Church Policies 2

How do I get a church employee handbook?  You have 3 basic options for designing a handbook for your church staff:
1. Download a Template.  Priced from $50 to $350, these templates will require you to invest many hours into personalizing the handbook to your state, church size, and ministry specifics.  Expect to pay about $200 for a decent template. Also expect to invest about 100-140 hours in compiling and editing your DIY handbook.

2. Have a consulting company design a professional handbook for you.  Typical price is is between $1,500 to $3,000.  Pricing is a higher, but the work is done by a professional.  You will likely save money, considering the amount of hours needed to do this on your own.

New Wind is an excellent consulting company that designs church employee handbooks, customized for each ministry:

Church Employee Handbook

3. Go to a labor law lawyer.  This is by far the most expensive option, but you will receive a church employee handbook that considers all the legal intricacies of your ministry.  This is a good option for complex ministries or ministries concerned about employee lawsuits.  Expect to pay between $5,000 and $9,000.

(this article originally appeared in HR Quick Answers)

Lactation Accommodation Rule Changes

Women who are expressing milk while at work will be getting a longer list of accommodations starting in 2020. In California, employers are already required to allow women to express milk as needed during their work day, but those regulations are now being clarified and the “lactation location” is being more defined with the passage of SB142:

  • Place should be private so that milk can be expressed without intrusion
  • Should not be a bathroom
  • Running water and a sink should be available to the employee
  • Has a surface (such as a counter or table) where lactation equipment can be placed
  • Within a close proximity of the employee’s work area
  • Provides electricity for plugging in/ charging of equipment
  • Provides nearby refrigeration for expressed milk

California’s Department of Industrial Relations offers further guidance of the current law:

1.  Q.  Does an employer have to provide an employee with additional break time to express breast milk?
  A.  Yes, an employer must provide additional break time to employees who need it.
2.  Q.  Does an employer have to pay for the additional time to express breast milk?
  A. No. While the employer must allow an employee to leave the work area to pump, the employer does not have to pay for pumping time, beyond the standard break time.
3.  Q.  Can my employer demand a doctor’s note or other medical documentation?
  A.  No. Your employer cannot require you to submit any documentation regarding your need to express breast milk.
4.  Q.  Does my employer have to provide me with a place to express breast milk?
A.  Yes, your employer must make a reasonable effort to provide you with the use of a room or other location other than a bathroom and in close proximity to your work area. This may include the place where the employee normally works if it otherwise meets the requirements.

To continue reading, please visit dir.ca.govPlease note, the rules will get more detailed in 2020. This government site is talking only about current rules as of October 2019.

An article by the law firm of Fisher Phillips provides a nice summation of the law’s regs for providing a “lactation room”, which includes the following:

Second, the new law provides that a lactation room must:

  • Be safe, clean, and free of hazardous materials, as defined;
  • Contain a surface to place a breast pump and personal items;
  • Contain a place to sit; and
  • Have access to electricity or alternative devices, including, but not limited to, extension cords or charging stations…

Fourth, the new law provides that, where a multipurpose room is used for lactation among other uses, the use of the room for lactation shall take precedence over the other uses, but only for the time it is being used for lactation purposes.

Want to read more? Visit FisherPhillips.com

There are some exceptions for certain employer hardships and for employers with less than fifty employees, but it doesn’t alleviate from all of these regulations.

All of this raises the question of whether you have your employee policies set in writing to prevent any confusion about your company’s rules and procedures. Are you a California business or ministry looking for an employee handbook? If so, learn more about Custom Employee Handbooks.

 

(This article provides an overview of certain federal, state, or local laws. It is not intended to be, and should not be construed as, legal advice by New Wind. We do not provide any legal advice, financial advice, or tax advice. Please see an appropriate professional for such services.)

Changes to Tip Rules

Who gets paid tips and who doesn’t? Can you force an employee to share tips? Can a supervisor take a share of tips? Well, the rules for tips are being revised (and hopefully simplified).

PLEASE NOTE: These changes in Federal regulations are not yet finalized, so there may be some changes to them. However, any restaurant or hospitality manager should be aware of what’s coming because it affects how tips are distributed and how tipped staff are paid.

According to law firm Littler, Mendelson P.C.,

Over a year after Congress amended the Fair Labor Standards Act (FLSA) to clarify tip ownership questions, the U.S. Department of Labor (DOL) finally published a Notice of Proposed Rulemaking on October 8, 2019…  The proposed regulatory changes address two key areas.  First,… clarified who can, and who cannot, receive tips when a tipped worker does not receive a tip credit.  Second, the proposed regulations adopt the DOL’s 2018 opinion letter that outlined the proper scope of the dual jobs regulation and the so-called 80/20 Rule involving work done by employees receiving a tip credit.

Want to read more? Visit Littler.com

The regulations will reinforce that tip pooling requirements are okay, but cannot include supervisors or business owners. The law firm FordHarrison states, “If the proposed rule is finalized, employers who do not take a tip credit will be permitted to include “back-of-the-house” employees who usually do not receive tips (such as cooks and dishwashers) as part of a tip pool. Lastly, the existing rule prohibiting employers from keeping employees’ tips or participating in tip-pooling arrangements will remain.” Who qualifies as an owner or supervisor is also clarified, defining a supervisor as one who meets federal guidelines for salaried “exempt” classification.

The part of this tip rule change that is getting the most attention is the 80/20 rule, which could become very complicated for employers to track. Basically, you had to prove that your tipped staff spent less that 20% of their day working on duties that weren’t tip generating (like cleaning, prepping settings, etc.). As explained by the law firm Jackson Lewis P.C.,

The 20% Rule… requires employers to pay tipped employees the full minimum wage, rather than the lower cash wage applicable to tipped employees, if an employee spends more than 20% of his or her time performing allegedly non-tipped duties (which were undefined).

Want to read more? Visit JacksonLewis.com

The proposed changes will allow for side work done while also doing tip-based work, such as prepping sides or cleaning or polishing utensils. According to Ogletree Deakins,

The proposed rules also modify the frequently litigated 80/20 rule related to side work performed by service employees. The proposed rule explains that an employer may take a tip credit for any amount of time that a tipped employee performs work related to non-tipped duties contemporaneously with his or her tipped work, or for a reasonable time immediately before or after performing the tipped duties.

Want to read more? Visit Ogletree.com

All of this raises the question of whether you have your employee policies set in writing to prevent any confusion about your restaurant’s rules and procedures. Are you a California hospitality business looking for an employee handbook? If so, learn more about Custom Employee Handbooks.

 

(This article provides an overview of certain federal, state, or local laws. It is not intended to be, and should not be construed as, legal advice by New Wind. We do not provide any legal advice, financial advice, or tax advice. Please see an appropriate professional for such services.)

Why Have a California Employee Handbook?

Custom Employee HandbookAs a business owner or manager in California, you have to ask whether your organization needs an employee handbook.  How does it help me run the business?  What kind of businesses should have an employee handbook?

1. Avoid costly policy mistakes.  Having your employee policies in writing helps the boss(es) do the right thing.  Know when overtime begins, understand how vacation time is calculated, learn the difference between exempt and non-exempt employees, and so on. Does OT start at 8 hours and/or 40 hours?  Who qualifies to be salaried?  A California employee handbook would answer all those basic policy questions.

2. Stop employee claims of ignorance.  Employees will have your policies in writing, so they can no longer claim that they did not know breaks only lasted 10 minutes or that smoking is prohibited indoors. Do all of your employees know what your rules are?  When everyone gets a copy of the “rule book” they can no longer claim ignorance.  With a California employee handbook, your policies will be clear and consistent.

3. Written Policies help to defend against lawsuits.  Getting your policies in writing can help when someone claims you were discriminatory or unfair in your labor practices.  Does an employee handbook make you immune from court cases? Of course not, but having your policies well-defined and properly distributed to all employees can sometimes be a great aid when having to defend yourself.  An employee handbook offers protection for your business.

4. Get all your supervisors on the same page.  If you have more than one manager, then it can get confusing.  One boss might contradict another.  However, when everyone has the same written policy to refer to, then the confusion is much less.  You will lower the chance of misunderstanding or frustration among staff and you will equip your supervisors with a good HR resource.

What policies are typically included in a California employee handbook?  Expect a comprehensive handbook to be about 30-40 pages in length and to include the following rules and regulations:
+ at-will employment
+ non-discrimination
+ anti-harassment
+ vacation
+ sick leave
+ overtime
+ employee classifications
+ jury duty
+ smoking
+ social media
+ introductory period
+ leaves of absence
+ FMLA
+ bereavement
+ pay dates
+ driving while on duty
+ parking rules
+ drug testing
+ dress code
+ employee conduct
+ termination
+ holiday pay
+ customer service
+ workplace security
+ confidentiality
+ and much more

Customized Policies– In addition to standard employee policies, some services provide customized policies for your specific business or industry. You may want to consider adding custom policies covering topics such as HIPAA, driving safety, money handling, hygiene, or telecommuting.

What is not included in a typical handbook?  A typical handbook does not cover job procedures, which are too intricate and job-specific.  Other topics not covered include  job descriptions, day-to-day work procedures, and so forth.

How do I get a California employee handbook?

You have 3 basic options for designing a staff handbook:

1. Do-It-Yourself. If you are going this route, we would recommend using a lawyer-vetted template or software program, such as the excellent one provided by the California Chamber of Commerce. Pricing starts at about $250, plus all the hours you’ll need to spend completing it.

https://store.calchamber.com/10032175-masteh/products/employee-handbook-creator

2. Get Assistance. Hire a professional consultant to help you complete a software program, costing more but saving you dozens of hours of your precious time. Consultants aren’t cheap per-hour, but they can put a handbook together much faster than you ever could, so the actual cost might end up being less than if you take the DIY path.

https://newwindinc.com/custom-employee-handbook/

3. Hire a Labor Lawyer. This is the ultimate level and is recommended for those who have concern of legal issues or complex labor relations, such as a unionized shop.

Do Employees Get Paid during Shutdown Caused by Power Outage?

Are businesses required to pay employees during power outage shutdowns?   Many companies have faced an emergency shutdown due to power blackouts, so it is important to know whether you need to pay employees during those shutdowns.  Pay requirements differ by employee classification and by state law.

Do you pay employees during an emergency closure?

You’ve lost power to your business and are unable to stay open. Not only do you lose income from the lack of sales or the lack of productivity, you need to decides what to do with your employees. Are you required to pay them even though they can’t do their regular work?

The answer is “yes”,  ”no”, and “sometimes”.

It really depends on the employee’s classification and if you’ve been able to get them advanced notice. So let’s break it down by employee type:

Hourly Employees

You do not have to pay hourly employees who cannot work their shift when your business is closed down due to an extended emergency like a power outage due to high winds. To prevent confusion on this point, it is best to have a written policy stating that you do NOT pay during closures due to inclement weather or natural disaster. But there is an exception in certain conditions, so read on.

Some states do insist on Reporting-to-Duty pay that says you must pay any employee who shows up to work as scheduled even if there is no work available.  Among those states are CA, CT, DC, MA, NH, NJ, NY, OR and RI, though some limit it to certain industries while others only to minors (OR).  So even if the business is closed, if the employee makes it to the worksite you have to pay.  The rules differ by state on Reporting-to-Duty Pay, but they usually require a half-day’s pay: 2 hrs minimum, 4 hrs maximum.  Some states also limit Reporting Time Pay to just those who are scheduled to work 4 or more hours.  See your particular state’s website for details on applicable labor law.

In California, you do NOT have to provide Reporting Time Pay  if the utilities are off:

Q. Are there circumstances where reporting time pay doesn’t apply?
A. Yes, there are a number of instances whereby an employee reports to work as scheduled and is sent home immediately, or works less than half his or her usual or scheduled day’s work and is not entitled to reporting time pay.No reporting time pay is due:

  1. When the employer’s operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue.
  2. When public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system.
  3. When the interruption of work is caused by an Act of God or other cause not within the employer’s control, for example, an earthquake.

Want to read more? Link to the rest at the California Department of Industrial Relations.

Salaried Employees

Salaried exempt employees must be paid if they work anytime during a workweek and are available to work the remaining days, whether they actually work or not.  You cannot cut an exempt employees pay just because you cannot get your full 40 hours out of them this week, just like you do not have to pay them OT during those busy weeks when they work more than 40 hrs.

Be sure you have your employees correctly classified.  Some businesses think they can classify anyone as Exempt, but that is not true.  Generally, these jobs demand an advanced degree, pay in commissions, or are an executive position.  The usual employees who can be exempt are:
1. Upper Management
2. Certain Other Management
3. Certain Creative Professionals
4. Certain Advanced-degree Professionals
5. Certain High-Paid Technical Employees
6. Certain Highly Commissioned Sales People

Plan Ahead for Possible Emergencies

Be prepared in case of an emergency shutdown by having an up-to-date contact list for your employees.  If your business must close, especially for more than a day, then call all employees and revise their schedules as needed.

Have the correct policies in place: Once again, this is an area where a good Employee Handbook can help.  Set up your employee policies for OT, Exempt Employee Deductions, Inclement Weather, Natural Disaster, and Report to Duty Pay.  Consider a professionally designed Employee Handbook, customized to your business.

Typical call-in procedures:  Your written bad weather policy  should tell your employees what is expected of them.  Usually, it will state that they are to call-in (if phone system is operating).  The call-in is considered an excused absence.  If you pay for bad weather days, you should state the amount of hours and who is eligible (full-time? part-time? temp employees?).

What is considered “bad weather”?  Your written policy should give examples of what is considered inclement weather.  Some typical weather reasons are: snow, whiteout, ice storm, severe flooding, dust storm, hurricane, tornado warning.    (You should also add a paragraph on closure due to such as earthquake, explosion, fire, utility outage, or terrorist attack.)

Have your policy in writing. It is important that you let your employees know what your policy is whenever a shutdown should occur. The best way is to get your Bad Weather Policy in writing before the event happens.

As part of any Employee Handbook, you should have a policy for inclement weather, stating your pay policy (usually it is “day off without pay”), call-in procedures, and examples of what is considered “bad weather”.

Promo: Employee Discipline eBook is Free for Limited Time

Target the Work, Not the Worker bookAmazon is promoting Eric Lorenzen’s eBook Target the Work, Not the Worker: Effective Employee Discipline for Managers, Supervisors, and Business Owners today through Friday (Oct. 9-11, 2019).

Get your copy of this e-book for FREE.

Target the Work, Not the Worker is a concise, step-by-step guide on how to warn employees, write up troublemakers, and fire those employees who can’t be salvaged.

  • Learn the 4 steps of discipline, what progressive discipline means, and how to document poor performance.
  • Understand how to control your own attitude and responses.
  • Get a better understanding of why employees sometimes fail and the importance of not guessing at what might be their motivations.
  • Master the when, where, how, and what of any disciplinary meeting.
  • Understand what laws to watch out for when firing an employee.

“Target the Work, Not the Worker will help you become a more effective leader for your team.” Target the Work, Not the Worker is part of the How to be a Better Boss series and is intended as a general business guidebook, addressing the needs of managers, supervisors, and small business owners in the USA.

News Link: Targeted Help Wanted Ads Can Get You in Trouble

One of the key features of advertising on sites like Facebook is the ability to target your ads to a particular demographic. You can aim at millennials or city-dwellers or those who like dogs. The ability to get that granular in your ads can often greatly improve your click-through rate and, more importantly, your sales rate.

Unfortunately, some rather big companies have recently been busted by the Equal Employment Opportunity Commission (EEOC) for targeting their Help Wanted ads at particular demographics. As reported by Xpert HR:

The EEOC said that the following companies posted job ads excluding older workers:

  • Capital One;
  • Enterprise Holdings;
  • Edward Jones; and
  • Drive Time Auto.

The agency also found that three other companies excluded women and older workers from viewing job ads:

  • Nebraska Furniture Mart;
  • Renewal by Andersen; and
  • Sandhills Publishing Company.

Want to read more? Link to the rest at Xpert HR.

Why are these ads wrong? Well, this is a new version of the old newspaper ads that declared things like, “Looking for a strong young man to work in warehouse” or “Due to travel requirement, applicants should be unmarried” or even more offensive Want Ads that declared minorities shouldn’t even bother applying.

Instead of spelling out their apparent bigotry, the companies were making sure their Want Ads weren’t even seen by undesirable job-hunters.  They may not have meant to discriminate, but the EEOC states that is exactly what they were guilty of doing.  By their ad-targeting, they were seeking out only a particular type of job applicant (young, male, etc.) and were excluding all others who might have been interested in working for them.