Navigating Equity Issues

An Overview of Common Employee Relations Issues

June 2014

How do I handle employee complaints? How do I know when an employee needs to

submit a request for ADA accommodations? What do I do when I get a public records

request? What do I need to know about my hourly-

wage employees? When and how much is USEP involved in

administrative decisions?

What We Will Cover

What does Employee Relations do?

What is there to complain about? Pay Benefits Work rules and procedures Workload/Schedule Facility/Comfort Coworkers/Supervisors Students/Parents Favoritism/Fairness

Employee Complaints

Employees are expected to perform their work efficiently, effectively, and demonstrate civil behavior in the workplace.

Supervisors are expected to set examples by their own conduct, attitudes, and work habits.

Inappropriate behavior can not be ignored. It is the supervisor’s obligation to take prompt, appropriate action.

Collegial Behavior

Behavioral standards can be found:◦ Nondiscrimination and Equal Employment

Opportunity Policies (1122,3122,4122)◦ Respect and Civility Policy (1380, 3380, 4380)◦ Code of Ethics of the Education Profession in

Florida◦ The Principles of Professional Conduct of the

Education Profession in Florida◦ Master Contracts◦ Employee Handbooks

Performance & Behavior Standards

Attendance – addressing it equitably◦ Satisfactory performance is characterized by being at work a

sufficient number of days to accomplish the essential tasks of the position without having to distribute to other employees or to delay those essential tasks.

◦ Satisfactory performance is generally characterized by not exceeding during an annual period the combined number of sick or vacation days which are earned by an employee during that period. While unexpected illnesses or other circumstances which may entail prolonged absences are understandable, frequent absences and/or questionable absences which result in hardship to other employees or which result in the delay of essential tasks can result in documentation of unsatisfactory performance. (Provisions of FMLA, ADA, Workers Comp., etc. must be considered.)

Performance & Behavior Standards

Low-intensity deviant behavior, not based on a protected class, with the ambiguous intent to harm the target.

Uncivil behaviors are characteristically rude and discourteous, display a lack of regard for others, and show a lack of respect for the target.

Examples of incivility include making insulting comments, spreading false rumors, social isolation, and abrasive communication.

Workplace Incivility

Are behavioral issues that are investigated and addressed at the worksite by the administrator.

Complaints of administrator incivility are referred to the next supervisory level.

Like all other behavioral issues, progressive discipline is used to determine the appropriate response to issues of workplace incivility.

Complaints of Workplace Incivility

Used to document an allegation of:◦ discrimination◦ unlawful harassment based on sex, race, color,

national origin, religion, disability, marital status, genetic information, age or any other characteristic protected by law

◦ Bullying

Complaint process and all forms are available on the Employee Relations’ website

Formal Complaints

A qualified individual with a disability must have the same opportunity and not be discriminated against in any employment practice.

Reasonable accommodations are provided to a qualified individual, when necessary, to enable the individual to perform the essential functions of the position.

ADA information and forms are available on the Employee Relations’ website.

ADA Accommodations

When the employee self-reports that s/he has physical restrictions

When a doctor has indicated that the employee has physical restrictions

When we have concerns that an employee may be a person with a disability and in need of accommodations

DOCUMENTATION MUST BE SUBMITTED AND REVIEWED PRIOR TO THE PROVISION OF ANY

ACCOMMODATIONS

When does an employee need to submit ADA documentation?

“Public Records” are defined in State statutes; however, “public records” do not include student records, medical records, trial preparation records, confidential law enforcement investigatory records, records of release of which is prohibited by State or Federal law, and any other exceptions set forth in Florida Law.

Any individual may inspect and request copies of public records of this District during the regular business hours of the office in which such records are maintained.

A custodian of public records and/or his/her designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith.

Requests for information should be forwarded to:◦ Linda Cobbe, Director, Communications & Government Relations

Public Records Requests

Are conference summaries and other informal documentation public records?

Are your notes or ER’s notes regarding employee investigations and/or discipline public records?◦ The complaint and material relating to the

investigation of a complaint against a public school system employee are confidential until the preliminary investigation is either concluded or ceases to be active. F.S. 1012.31(3)(a)1.

Public Records Requests

Let’s talk about hourly employees:◦Lunches◦Breaks◦Pay

Fair Labor Standards Act

Every SRP is entitled to a 30 minute lunch? Every NNB is entitled to a 30 minute lunch? Custodians are paid during their lunch period? Custodians are permitted to leave the worksite

during their lunch? Worksite supervisors can permit lunches to last

for more than 30 minutes?

Lunch Time - True or False

In general:◦ Breaks are not to be attached to the start or

end of the workday.◦ The SRP/NNB should not leave the worksite

during breaks. ◦ The worksite supervisor can schedule breaks, or

permit the employee to schedule their own breaks.

◦ Exceptions can be made, but not on a regular basis unless approved by the worksite administrator.

How About Breaks?

6-8 hour employees get two (2) fifteen (15) minute breaks

3-5.99 hour employees get one (1) fifteen (15) minute break

0-2.99 hour employees do not get a break

How Many Breaks?

SRP, including FNS staff, custodial staff, IAs, bus drivers and transportation assistants, as well as many NNB, including Secretaries, Bookkeepers, Data Entry Operators, Attendance/Discipline Assistants, are currently eligible for overtime.◦ This means that all time worked in excess of 40

hours per week is paid at 1.5 times the employees rate of pay.

◦ Permission to work beyond an employee’s scheduled hours must be obtained from the worksite administrator.

Fair Labor Standards Act - Overtime Pay

If an employee comes in to work an hour early without being asked to do so by a supervisor, but you know they are there working extra time, must they be paid for the extra time worked?

If you tell an employee to finish a job and then head home for the night, and the employee later claims it took them 2 hours beyond their normal shift to finish the work, must they be paid for the extra time worked?

Fair Labor Standards Act - Overtime Pay

Tell Employees◦ They should be arriving to work no more than

10 minutes before the start of their shift and leaving no more than 10 minutes after their shift is completed.

◦ Employees who arrive early to work should not be permitted to perform any work related duties until their shift starts.

◦ Working past scheduled hours is not permitted unless otherwise authorized.

Fair Labor Standards Act - Overtime Pay

What About Flex Time?◦ Must be agreed upon by both the worksite

supervisor and the employee◦ Must be used within the work week it was

accumulated◦ No employee should be permitted to have time

“on the books”

Fair Labor Standards Act - Overtime Pay

It is considered to be a federal crime to intentionally misstate the hours worked on a time sheet?◦ Employees should always indicate when they started

work and when the stopped work, regardless of what their scheduled shift is.

◦ If employees work unauthorized additional time, it should be documented and addressed with the employee, not changed on the time sheet.

Fair Labor Standards Act - Did You Know?

Any employee required to attend a meeting called by the worksite supervisor or designee for the purpose of a reprimand or for action leading to suspension or for an investigatory interview shall have the right of Union or other representation at such meeting.

A worksite supervisor or designee holding a meeting for the purpose of a reprimand or for action leading to suspension or for an investigatory interview shall stop the meeting until representation can be obtained if the employee requests representation.

The right to representation does not apply to conferences relating to observation or evaluation of work responsibilities unless the meeting is called by the worksite supervisor or designee for the purpose of issuing a formal/informal NEAT letter and/or unsatisfactory evaluation or if the meeting could lead to this.

USEP Guidelines

Any Questions?