This document provides an overview of HR best practices for organizations. It discusses recommendations for personnel records compliance, employee documentation, wage and hour laws, independent contractor classification, attracting and retaining talent, and common HR forms and processes like benefits, onboarding, and training. The presentation aims to help organizations stay compliant with labor regulations and effectively manage their human resources.

1. HR Best Practices
Kimberly Brosnan
December 14, 2011
A Service
Of: Sponsored by:

2. INTEGRATED PLANNING
Advising nonprofits in: www.synthesispartnership.com
• Strategy
• Planning (617) 969-1881
• Organizational Development info@synthesispartnership.com
A Service
Of: Sponsored by:

3. Affordable collaborative data
management in the cloud.
A Service
Of: Sponsored by:

4. Today’s Speaker
Kim Brosnan
HR Manager
Edelstein & Company LLP
Assisting with chat questions: Hosting:
April Hunt, Nonprofit Webinars Sam Frank, Synthesis Partnership
A Service
Of: Sponsored by:

5. HR
BEST PRACTICES
December 14, 2011

6. Personnel Records – Are you
Compliant?
 Adopt a policy
 Ensure that your policy complies with
applicable laws
 Include where and when employees can
review or copy their files
 Specify who is authorized to inspect
personnel records
 Audit personnel records

7. What Should Be Included?
Performance Evaluations
Medical /Insurance Records
Resume
EEO documents
References
Compensation Records Criminal/Credit Check Results
College Transcripts Immigration I-9 Forms
Application Worker’s Comp Claims
Letters of Recognition Child Support/Garnishments

8. Employee Documentation
 Written documentation is
important as ever
 Provides the best foundation
against litigation
 Documents lock in your version
of events

9. Documentation Best Practices
 Provide details and specific examples of what employee did
 Link examples to company policy
 Be accurate – don’t exaggerate
 Make sure to date it
 Include next steps for improvement
 Signed by you and employee
 Give employee the opportunity to sign or object

10. Wage & Hour Laws – The Basics
 Non-exempt wages must be paid weekly or bi-weekly
 Exempt wages may be paid bi-weekly or monthly if the
employee chooses
 Employees who are terminated must be paid on that date
 Employees who voluntarily resign must be paid on the next
payday
 Accrued vacation time is considered wages and must be paid
upon separation of employment

11. FLSA Requirements
Fair Labor Standards Act (FLSA) is a federal wage and hour law administered
by the US Department of Labor, Wage and Hour Division (DOL)
Overtime: must pay non-exempt employees time and ½ their “regular rate” for
hours over 40 in a work week.
FSLA provides exemptions from overtime pay for certain employees including:
• Executive
• Professional
• Outside Sales
• Administrative
• Certain Computer Employees
• Highly Compensated Employees

12. Exempt?
To qualify as exempt, an employee must satisfy all three of the
following:
 The employee must be paid on a salary basis
 The employee must receive a salary of at least $455 per week
 The employee must satisfy the duties test for the applicable
exemption
See www.dol.gov for the occupational index and duties test

13. Treble Damages Law
Imposes mandatory triple damages for any violation of MA
wage and hour laws
Failing to pay an employee wages due
Failing to timely pay an employee
Incorrectly classifying an employee as
exempt from overtime wages
Incorrectly calculating overtime pay

14. Independent Contractor Status
Three factor test to qualify:
 Freedom from control and direction in connection with the
performance of the service
 Service outside the usual course of the employer’s business
 Independent trade, occupation, profession or business
Enforce a written agreement stating that they are hired as a
“consultant” not permanent employee

15. Independent Contractor
Legal Ramifications
 Tax Consequences – Employer may be liable for unpaid taxes
 Tax-Free Benefits – Not eligible
 Employee Benefits Obligations – Microsoft Case
 Worker’s Compensation – Employer held liable for on-the-job
injuries outside the protection of the policy
 Unemployment Compensation
 Wage & Hour Liability

16. Independent Contractors
Best Practices
 Make the final decision on whether to meet a staffing need
through independent contractor or employee
 Use written agreement containing language that establishes the
classification as independent contractor not employee
 Adopt a policy concerning the use of independent contractors
 Do not treat independent contractors like regular employees but
make sure they understand and adhere to the company’s policies
and procedures

17. Attracting Talent
 Establish Recruiting Plan
 Employer Brand
 Recruitment Objectives
 Utilize all Resources
 Employee Referrals
 Web Site and Social Media
 College Recruiting and
Alumni

18. Hiring/On-Boarding Forms
 Employment Application
 Criminal History – effective November 2010
 Interview Evaluation Forms
 Reference Checks
 College Transcripts
 Criminal/Credit Background Checks
 Ensure consistency
 Offer Letter (at-will employment)
 New Hire Orientation
 I-9 Form, W-4 Form, Non-Compete/Confidentiality Agreement,
Employee Handbook Acknowledgment

19. Employee Benefits – Are you
Competitive?
Health Insurance
 HRA or FSA
 Dental Insurance
 Life Insurance
 401K/Profit Sharing Plans
 Paid Time Off
 Transportation Benefits
 Wellness Initiatives
 Work/Life Balance

20. Retaining Talent
 Mentoring Programs
 Training & Development
 Recognize and Reward
 Stay Interviews vs. Exit
Interviews

21. HR Resources
www.nehra.com
www.shrm.org
www.dol.gov

22. Find listings for our current season
of webinars and register at:
NonprofitWebinars.com
A Service
Of: Sponsored by: