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Human Resource Management

Human Resource Management. Introductions. Your name Where you work Your job responsibilities How long you have been in the industry What you hope to get from this class What did you implement from previous sessions. Agenda. Day 1 Employment Laws Compensation and Benefits

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Human Resource Management

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  1. Human Resource Management

  2. Introductions • Your name • Where you work • Your job responsibilities • How long you have been in the industry • What you hope to get from this class • What did you implement from previous sessions Course 3: HR Management

  3. Agenda Day 1 • Employment Laws • Compensation and Benefits • Employee Relations and Staffing • Employee Management Day 2 • Performance Management • Termination Course 3: HR Management

  4. Chapter 1 Employment Laws Course 3:HR Management

  5. Employment Laws Related to: • Pre-employment • Hiring Process • Post-employment Course 3: HR Management Chapter 1

  6. Federal Credit Reporting Act (FCRA) • When conducting background checks on employees, you must notify them and get their permission to obtain a credit report. • If the employee is not hired based on something in his or her report, you must provide • the contact information for the Credit Reporting Agency (CRA), and • a Statement of FCRA Rights • Pre-adverse action notice • Adverse action notice Course 3: HR Management Chapter 1

  7. Title VII of the Civil Rights Act of 1964, as Amended In all stages of the employment process, you may not discriminate because of • Race • Color • Religion • Sex, or • National origin. Enforced by the Equal Employment Commission (EEOC) Course 3: HR Management Chapter 1

  8. How to comply • Avoid discriminatory verbiage example: maintenance man • Advertise in publications with wide circulation • Make sure your application form complies with the law • Ensure interviews are consistent Course 4: Fair Housing

  9. Civil Rights Act of 1991 • Applies to employers with 15 or more employees • Anyone suing for intentional discrimination can recover damages up to $300,000, based on size of employer • Retain records for one year Course 3: HR Management Chapter 1

  10. Age Discrimination in Employment Act (ADEA) • Applies to employers with 20 or more employees • Prohibits employment discrimination to applicants or employees who are 40 or older • Job applications, resumes, job inquiries, promotions, layoffs, discharges should be kept 1 year Course 3: HR Management Chapter 1

  11. Question for discussion • You want to hire a leasing consultant.  Your ideal candidate would be someone with a lot of energy.  A recent graduate would be an excellent fit.  In posting a recruitment ad, can you advertise for a "recent college graduate”? Course 3: HR Management Chapter 1

  12. Title I of the Americans with Disabilities Act (ADA) • Applies to employers with 15 or more employees • Prohibits employment discrimination against disabled applicants or employees who can perform the essential functions of the job, with or without reasonable accommodation Course 3: HR Management Chapter 1

  13. Question for discussion • The best qualified applicant is handicapped and needs wheel chair accessibility. What kinds of reasonable accommodations might you make to hire this person? Course 3: HR Management Chapter 1

  14. Fair Labor Standards Act (FLSA) • Sets requirements for minimum wage and overtime eligibility • Regulates child labor • Employment records should be kept a minimum of 2 years Course 3: HR Management Chapter 1

  15. FLSA Overtime Rules • Does not apply to “Exempt” employees • Employees must be paid at least federal minimum wage • Employees must be paid 1.5 times their regular hourly rate for every hour over 40 in a work week Course 3: HR Management Chapter 1

  16. Federal Minimum Wage • Most positions in our industry are paid above minimum wage (the value of meals, lodging or merchandise can be included in this calculation) • Youths (14-17 years of age) hired as part-time or summer help must receive minimum wage, and are subject to a limit on the number of hours worked per week Course 3: HR Management Chapter 1

  17. Overtime calculations • Be sure actual time worked is documented • Do not allow overtime to be used as compensatory time unless adjustments are made to work hours within the same work week • Be aware of state-specific laws about overtime Course 3: HR Management Chapter 1

  18. Equal Pay Act • Requires employers to pay equal wages to male and female employees who perform similar work (equal skill, effort, responsibility) • Applies to employers with 2 or more employees • Records recommended to be kept 1 year Course 3: HR Management Chapter 1

  19. Occupational Safety and Health Act (OSHA) requires you: • Provide employees a workplace free from hazards • Give employees information about hazardous materials they may use (MSDS) • Provide regular safety training • If >11 employees, maintain a log of injuries. Report injuries of 5 or more workers within 48 hours to OSHA. • Enforced by Occupational Safety and Health Administration Course 3: HR Management Chapter 1

  20. Employee Retirement Income Security Act (ERISA) • Regulates employee pension and welfare benefit plans • Applies to employers whose pension and welfare plans are “qualified” • Records must be kept for 6 years Course 3: HR Management Chapter 1

  21. Immigration Reform and Control Act (IRCA) • Prohibits employment discrimination based on national origin or citizenship status • Requires the processing of an I-9 form to prevent the hiring of illegal workers • I-9 and supporting documents must be completed within 72 hours of hire • I-9s must be kept for 3 years after hire and 1 year after termination Course 3: HR Management Chapter 1

  22. National Labor Relations Act (NLRA) • Applies to private sector employers that have an impact on interstate commerce • Regulates the labor management relationship • Prohibits discrimination based on union activity Course 3: HR Management Chapter 1

  23. Uniformed Services Employment and Reemployment Rights Act (USERRA) • Prohibits employment discrimination because of an applicant or employee military obligations • Requires employers to reinstate employees to their former jobs after honorably completing military duty Course 3: HR Management Chapter 1

  24. Question for discussion • You have an employee who is a member of the “uniformed services” and is called into service.  Are you allowed to terminate him/her since they will be leaving their job?  Why? Course 3: HR Management Chapter 1

  25. Jury Systems Improvement Act • Prohibits an employer from disciplining or terminating an employee for being called to serve on a federal jury Course 3: HR Management Chapter 1

  26. Employment Polygraph Protection Act 1988 • Prohibits employers from requiring applicants to submit to a polygraph exam • Generally prohibits private sector employers from testing employees Course 3: HR Management Chapter 1

  27. Family Medical Leave Act (FMLA) • Requires employers to grant up to 12 weeks of unpaid leave during a 12-month period for: • Birth or adoption • Employee’s serious health condition • To care for a parent, spouse, or child with a serious health condition • To handle certain qualifying exigencies arising out of active military duty. Course 3: HR Management Chapter 1

  28. FMLA, continued • Requires employers to grant up to 26 weeks of unpaid leave during a 12-month period for: • To care for a covered service member. Course 3: HR Management Chapter 1

  29. FMLA, continued • May be “total time away from work” leave, or reduced work days or hours • Applies to employers with 50 or more employees at a worksite or at all sites within 75 mile radius Course 3: HR Management Chapter 1

  30. Question for discussion • A maintenance employee hurt his back and has been off work for 3 weeks. The property is struggling to respond to service requests and has a backlog. The employee is still in physical therapy and is not sure when he will return to work. Can another worker be hired to replace him? Course 3: HR Management Chapter 1

  31. Consolidated Omnibus Budget Reconciliation Act (COBRA) • Allows for the extension of group health insurance coverage to employees and/or dependents on a self-pay basis who would otherwise lose coverage • Applies to private sector employers with 20 or more employees with a group health plan Course 3: HR Management Chapter 1

  32. Health Insurance Portability and Accountability Act (HIPAA) • Provides standards for an employee’s new group health plan to limit or exclude pre-existing conditions • Applies to all employers who provide health coverage Course 3: HR Management Chapter 1

  33. Worker’s Compensation • Insurance system dealing with employee claims originating from workplace injury or illness • State laws define benefits, compensable injuries, cash benefit levels, waiting periods, filing and contesting claims procedures Course 3: HR Management Chapter 1

  34. Federal Posting Requirements • Notices about federal laws must be posted where employees can see them such as: • Near time clocks • In break rooms • In designated department locations • Some states require notices to be in more than one language (e.g., Spanish) so be aware of your state’s requirement. Course 3: HR Management Chapter 1

  35. Skill Check #1 Chapter 1- Employment Laws Course 3: HR Management Chapter 1

  36. Chapter 2 Compensation and Benefits Course 3: HR Management Chapter 2

  37. Total Cash Compensation • Salary • Benefits (e.g. health insurance) • Incentive/variable pay • Recognition/reward programs • Additional benefits Course 3: HR Management Chapter 2

  38. Base Salary Determination • Use survey data (e.g. NMHC) • Methods to determine salary: • Method 1: Target the median (middle) • Method 2: Create ranges based on experience and performance Course 3: HR Management Chapter 2

  39. Benefits Package • Average annual cost of benefits per employee in 2009: $6200 • Benefits components: • Medical insurance • Retirement programs • Social Security contributions • Unemployment programs • Life insurance • Short and long-term disability insurance • Benefits add 30%-40% to payroll cost Course 3: HR Management Chapter 2

  40. Incentive/Variable Pay • Pay changes with your performance • Leasing professionals • New leases • Lease renewals • Community managers • Meeting annual performance goals • Maintenance personnel • Resident satisfaction/retention Course 3: HR Management Chapter 2

  41. Employee Records: Storage and Access • Store in locked filing cabinet(s) • Separate health and non-health records • Access limited to: • HR • Direct supervisor • Executives • Employee access varies by state Course 3: HR Management Chapter 2

  42. Skill Check #2 Chapter 2: Compensation and Benefits Course 3: HR Management Chapter 2

  43. Chapter 3 Employee Relations and Staffing Course 3: HR Management Chapter 2

  44. Recruitment Methods • Your employees • Residents • Networking • Employee Referral Program • Advertising • Employment agencies • Unsolicited resumes/applications, keep one year Course 3: HR Management Chapter 3

  45. Employment Application • Your application should contain: • Work history • Education history • Whether the applicant meets the minimum legal working age • Whether the applicant can perform the essential job functions with or without accommodations Course 3: HR Management Chapter 3

  46. Employment Application, continued • Whether the applicant has used other names that may be important in a background check • Documentation to verify employment eligibility in the U.S. • Anything else required by state law • Authorizations by the applicant Course 3: HR Management Chapter 3

  47. Interview guides • Use the job description and profile to develop the guide • The guide should be consistent for all applicants • A separate guide should be developed for each position • The ultimate goal is to learn about the candidate’s strengths and weaknesses Course 3: HR Management Chapter 3

  48. Tips for Interviewing • Carefully review the job description and position to be filled • Study the resumes/applications • Develop an interview guide that is specific to the position – be sure to include things you want to tell the applicants as well Course 3: HR Management Chapter 3

  49. Tips for Interviewing, continued • Use the telephone to pre-screen applicants • Have all pre-hire paperwork and/or tests ready for each applicant to complete • Create a private, comfortable setting • Create a file system to save all resumes and applications received for one year Course 3: HR Management Chapter 3

  50. Activity #1 • Place a check mark in the appropriate space to show whether the question is legal or illegal to ask during an interview. Course 3: HR Management Chapter 3

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