Your Top 10 HR Questions Answered

YOUR

HR QUESTIONS ANSWERED Your human resources needs aren’t that different from those of a for-profit company. But the resources at your disposal may be much more limited. That’s why GuideOne Insurance has partnered with HRGuide to offer customers free HR services*.

HRGuide compiled the top ten questions asked by our customers of religious organizations. Learn how you can tackle these situations in your workplace.

Wage and Hour Is a church or faith-based organization, required to comply with all wage and hour regulations?

In most cases, yes, the employer must comply with the Federal Fair Labor Standards Act (FLSA) and for CA, also the Division of Labor Standards Enforcement (DLSE), as well as other applicable state and local regulatory requirements.

Are we paying our camp employees correctly?

If the employer puts on a camp and has an overnight stay, the Fair Labor Standards Act (FLSA) and Department of Labor (DOL) requirements need to be reviewed, depending on the employee classification (Exempt/Non-Exempt), to address overtime, meal and rest periods, travel time, etc. Violations may result in damages, back pay, civil penalties, attorney fees, and lost wages.

Can I pay my employee at a lower rate for travel time?

While each organization faces different and unique challenges related to wage and hour requirements, certain circumstances allow the employer to pay travel time at less than the employee’s normal rate of pay as long as it is not less than minimum wage and the employee is provided advance notice of the separate rate.

Employer Classification – Exempt/ Non-Exempt Are my worship leaders independent contractors?

Classifying employees correctly is key and reduces the employer exposure in a wage claim. There are guidelines put forth by the IRS, the Department of Labor, and various states to help an employer determine independent contractor or employee status.

Leaves of Absence What leaves are my employees eligible for?

This is dependent on employer size (may include a church and school affiliated with the church) any state or local laws ordinances, ADA protections, and organization policies.

Can a reasonable accommodation for an employee with a qualifying disability include a leave of absence or modified schedule?

It may be reasonable, however, consult with an expert in human resources or employment law counsel on a caseby-case basis for best practice guidance.

Employer Size and Regulations Coverage Are my church and preschool staff combined when determining Family Medical Leave Act (FMLA)/ California Family Rights Act (CRFA)/ Affordable Care Act (ACA) employer coverage?

When organizations are considered to be separate businesses, they may be considered a single employer when it comes to counting the total number of employees to determine coverage by certain regulations that apply by employer size. Additionally, the Fair Labor Standards Act (FLSA) allows joint employer situations where an employer and a joint employer are jointly responsible for the employee’s wages and even certain benefits.

Employee Relations Can I terminate an employee for attendance issues if they have remaining CA paid sick leave?

It depends, most paid sick leave statues include language prohibiting employers from any form of harassment, discrimination, and retaliation against employees who use paid sick leave so it is important to review each case carefully to ensure compliance.

My employee is not performing their job duties. What do I do?

Dealing with difficult employees can be stressful. We encourage the employer to create a handbook that outlines clear expectations for employee performance and appropriate workplace behavior. Additionally, review the job description; does it outline the essential functions of the role? An employer should also counsel the employee and provide written guidance on the issues and how to improve. If the employee fails to improve after a reasonable time, the employee may be terminated.

Can I terminate an employee without a final warning?

Yes, in most cases, if you have a policy and practice at-will employment, you and the employee can terminate employment for any reason at any time absent harassment, discrimination, and retaliation against the employee.

However, each situation should be reviewed carefully prior to taking this action.

For more information on HRGuide services, visit GuideOne.com/HRGuide

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CM 18259 (07/19)