Employer Handbook

PERSONNEL MANAGEMENT HANDBOOK

for

CONSERVATION DISTRICT DIRECTORS

and

DISTRICT MANAGERS

Prepared and Distributed

by the

Oregon Association of Conservation Districts

Spring, 2008

Preface

Soil and Water Conservation District directors and employees have asked for an employer handbook that focuses on major personnel issues, highlights Oregons specific rules and regulations, and is easy to use. This handbook has been developed to help fulfill that need. Obviously not all personnel issues are addressed, and not all issues are discussed in depth.

This handbook is NOT an employee handbook NOR a collection of model personnel policies. It is a think book to give background and directions on which directors and managers can write personnel policies that fit their unique needs. In a few places, suggested wording for policies are provided, and some of the text can be easily converted to policy.

Every effort has been made to make this handbook as useful as possible. This reference is a very basic resource for you as an employer. References and samples are provided to help you be more effective employers, comply with current laws, and provide a mutually beneficial working environment. Specific details and questions not answered in this handbook may be answered by some of the listed resources.

This handbook is available on the ODA website [www.oregon.gov/ODA/], where it will be updated as needed. Many examples can be easily downloaded, customized, and used by your district. Only a few of the forms are the authoritative, official forms. Most are examples that can be tailed to your preferences and needs as long as they retain the required items or wording.

VERY IMPORTANT NOTE: This handbook is not legal advice. It has not been prepared by a professional employee attorney. However, its contents have been reviewed in selected areas by two employee attorneys and the overall contents have been reviewed and edited by a business specializing in Human Resources Services. All individuals consulted were referred to OACD by the Special Districts Association of Oregon.

Repeat: THIS HANDBOOK IS NOT LEGAL ADVICE. Please consult your own counsel or personnel management professional for specific questions.

John McDonald is the primary author, using materials from many sources, [most are listed in the Bibliography] and consultation from the Special Districts Association of Oregon, Oregon Department of Agriculture, Bureau of Labor and Industries, a human resources consulting firm, and two attorney firms which specialize in personnel law.

Thanks go to many individuals who took the time to advise me, share materials, answer questions, read and review the many drafts. But the most thanks goes to Ginger, without whom I could never have completed this handbook, or better yet, would never have even started.

TABLE OF CONTENTS

Chapter 1 District and Director Responsibilities

District Responsibilities1

Legal Responsibilities of an Employer1

Purposes of Written Policies4

Qualities of Effective Personnel Policies5

Administration of Personnel Policies6

Duties of the Personnel Committee6

Where to Go for Help7

Chapter 2 Legal Restrictions, Obligations, and Liabilities

At-Will Employment Status1

Employment Discrimination Laws in General3

Title VII of the Civil Rights Act of 19643

Oregons Fair Employment Practice Laws3

Other Federal Discrimination Laws4

Oregon Discrimination Laws [Unlawful Employment Practices]5

Americans with Disabilities Act6

What is a Disability?6

Who is a Qualified Individual with a Disability?6

What does Reasonable Accommodation Require?8

ADA Restrictions on the Hiring Process9

The Pre-Offer Stage9

Post-Offer/Pre-Work Medical Inquiries9

Fair Credit Reporting Act10

Unintended or Inadvertent Contracts11

Express Employment Agreements12

Implied Employment Agreements13

Promissory Estoppel13

Tort Liability Arising from Hiring Decisions14

Constitutional Restrictions in Hiring Rights15

Guaranteeing and Documenting Employees Understand the Policies16

Chapter 3 ( Determining Personnel Needs and Qualifications

NRCS 1999 Workload Analysis1

Coordination1

Who Should be Involved?1

Workload Analysis1

Process2

Determining Staffing Needs2

What These Figures Provide3

Setting Priorities3

What Positions to Fill4

Benefits4

Employee or Independent Contractor?4

The Economic Realities Test5

Independent Contractor Status According to ORS 670.6005

The IRS 20-Factor Test6

Employee or Independent Contractor?7

Exhibit 3.1 Example Workload Analysis Worksheet10

Chapter 4 ( Position Descriptions

Written Position Descriptions1

Uses of Position Descriptions1

Writing Better Position Descriptions2

Getting Started3

Keeping Position Descriptions Current4

Sample Position Descriptions4

Exhibit 4.1 Example Format for a Position Description5

Exhibit 4.2 Position Description Examples [Clerical]6

Exhibit 4.3 Position Description Examples [Technical]9

Exhibit 4.4 Checklist to Develop Position Descriptions13

Chapter 5 ( Recruitment and Hiring

Equal Employment Opportunity and Anti-Discrimination Policies1

Anti-Nepotism2

Recruitment and Hiring Process2

Obtain or Develop an Application Form and questions to be answered in the application.2

Outline a Recruitment Plan, which considers the following questions and tasks:2

Possible Outlets for Advertising Job Openings3

Recruitment Announcements3

Reviewing Employment Applications3

Conducting the Interview4

Guidelines for Conducting an Interview5

Red Flags in Evaluating Applicants8

Selection and Follow-Up9

Written Job Offer10

Reference Checks10

Applicant Authorization for Reference Checks11

ORS 30.178 Reference Checks/Qualified Immunity11

Disclosures prohibited under ORS Chapter 65912

Exhibit 5.1 Sample Advertisement for Open Position14

Exhibit 5.2 Recruitment Announcement Contents Packet15

Exhibit 5.3 Sample Employment Application16

Exhibit 5.4 Key Factors or Questions for Applicant Certification20

Exhibit 5.5 Applicant for a Disclosure and Consent21

Exhibit 5.6 Applicant Authorization for Reference Checks22

Exhibit 5.7 Sample Interview Questions23

Exhibit 5.8 Dos and Donts for Interviewing Questions24

Exhibit 5.9 Sample Interview Evaluation Form27

Exhibit 5.10a Example of a Detailed Job Offer Letter29

Exhibit 5.10b Example of a Minimal Data Job Offer Letter32

Exhibit 5.11 Sample Not Hire Letter33

Exhibit 5.12 Checklist for Recruitment and Hiring Employees34

Exhibit 5.13 Applicant Tracking Form35

Exhibit 5.14 Confidential Post Job Offer/Pre-Placement Medical Questionnaire36

Exhibit 5.15 Pre-Employment Drug Screening Policy40

Chapter 6 ( Wages, Taxes, and Overtime

Determining Compensation1

Wage Increases1

Merit Raises1

Cost-of-Living Increases1

Promotions1

Awards and Recognition2

Workers Compensation Insurance [Mandatory]2

Key Issues for Employee Wages and Classifications2

When is Work Really Work?3

Overtime [when authorized]4

Key Points about Overtime and Compensatory Time4

Chapter 7 ( Determining Leave and Benefits

Mandatory Leaves1

Court Leave/Jury Duty1

Crime Victims Leave1

Domestic Violence Leave2

Military Leave2

Disability Leave2

Leave for On-the-Job Injuries3

OFLA Leave3

FMLA Leave3

Benefits Which Are Optional4

Vacation Time5

Sick Leave6

Holidays7

Personal Time Off (PTO)7

Unpaid Leave8

Bereavement9

Religious Accommodation10

Bonuses10

General Provisions10

Overtime Pay and Leaves11

Insurance11

Emergency Closings11

Exhibit 7.1 FMLA Language and Forms13

Exhibit 7.2 OFLA/FMLA [sample policy]24

Exhibit 7.3 Sample Inclement Weather Decision34

Chapter 8 ( Employment Issues and Policies

Complete Necessary Forms and Other Paperwork1

Orientation1

Review Job Description, Work Plan, Business Plan and Related Documents2

Personnel Files2

Employment Contracts2

Introductory Period3

Supervision and Hierarchy4

Review Job Expectations5

Hours of Work/Time Reporting Document/Pay Period5

Equipment and Workstation6

Travel and Training7

Tort Liability7

Employment Termination7

Wrongful Discharge8

Federal Laws8

State Laws8

Other Claims Available to a Fired Employee9

Avoiding Wrongful Discharge Claims9

Contract Issues10

Public Policy Issues10

Exhibit 8.1 Sample New Employee Orientation Checklist11

Exhibit 8.2 Recommended Information for New Employee Package12

Exhibit 8.3 Employee Confidential Emergency Information13

Exhibit 8.4 Employee Authorization for Reference Checks14

Exhibit 8.5 Application for Leave15

Exhibit 8.6 Request to Attend Conferences, Conventions, or Training Sessions16

Exhibit 8.7 Acknowledgement of Receipt of Employee Handbook17

Exhibit 8.8 Exit Interview18

Exhibit