Human Resource Management:Fundamentals and Foundationsfor Court Leaders National Association For Court Management
Why is Human Resources Management Critical? • Courts are labor-intensive organizations. • Human resources and leadership enable the court to use its fiscal, technological, and physical resources to achieve its purpose. • The court’s human capital (its leadership and human resources) is the driver with which a court becomes a high achieving court, satisfying its own and the public’s objectives.
Why is Human Resources Management Critical? • Courts need good people who are competent, up to date, professional, ethical, and committed. This is, among other things, what Human Resources Management helps court executive teams deliver.
Why is Human Resources Management Critical? • Recruitment, selection, employee relations, job analysis, job evaluation and position classification, compensation, and performance management, all demonstrate what the court believes in, its values, and its standards. Human Resources Management can enhance the contribution of every judge and court employee.
What is Human Resources Management? • All of those activities in which the Court engages as an employer to ensure that it has the kinds and numbers of people it needs to effectively, efficiently, and consistently accomplish its mission.
Challenges in Court Human Resources Management • Judicial independence should drive it, despite: • Funding arrangements • The small size of most courts • Complexity of HR issues
The Changing Human Resources Management Environment • Decreasing revenues, more financial pressures, increased scrutiny • The quality movement, customer/public service • Teams, strategic planning, re-engineering • The changing “psychological employment contract”
The Changing Human Resources Management Environment • The erosion of “career” employment and the growth of the “contingent” workforce • Employee retention • The erosion of employment-at-will • The increase in legal issues in human resources management
The Changing Labor Force • An aging workforce, but don’t forget about “Generation X” • More women • More “minorities” • More individuals with disabilities
Human Resources Competencies • Vision and Purpose • Human Resources Fundamentals • Context and Fairness • Management and Supervision
Vision and Purpose Knowledge/Skills/Abilities re: • Developing mission/strategic vision/values • Aligning vision and values with HR practices • Judicial independence • Ethical standards and legal compliance • Judicial HR policy development
HR Fundamentals Knowledge/Skills/Abilities re: • HR planning, job analysis and job descriptions • Staffing – recruitment, labor market analysis, selection, orientation • Classification and compensation • Performance management and appraisal • Corrective actions and discipline • HR and the law, e.g. Title VII, ADA, etc.
Context and Fairness Knowledge/Skills/Abilities re: • Organizational and governmental structure • Workforce and community diversity • Due process, fairness, equity and consistency • Employee complaints and grievances • Unionized organizations • Conveying the court’s commitment to fair treatment
Management and Supervision Knowledge/Skills/Abilities re: • Planning, organizing, delegating, monitoring work • Teambuilding and management • Oral and written communication • Mentoring/coaching/counseling
Management and Supervision Knowledge/Skills/Abilities re: • Constructive feedback • Employee motivation • Collaboration • Change management
Employment at Will(“Serves at the Pleasure of…”) The foundation for employment law in the U.S. is “employment-at-will,” which says: An employee may be dismissed at any time for a good reason, bad reason, or no reason, just as the employee is free to leave with or without cause.
Employment at Will(“Serves at the Pleasure of…”) Exceptions: • Statutory protection (or for many court employees, court rule) • Constitution (deprivation of property without due process) • Implied Contract • Public Policy Exceptions • Just cause provisions in CBA
Employment at Will(“Serves at the Pleasure of…”) • Many court employees are in positions and/or jurisdictions in which they are “at will” employees. • However (except for federal court employees), minimally employees are still protected against dismissal for statutorily protected reasons, e.g. race, religion, national origin, sex, etc.
Prohibits discrimination: hiring firing promotion compensation training assignments on the job treatment any other terms or conditions of employment Protected Classes: National Origin Religion Sex Race Color Title VII Of The Civil Rights Act Of 1964, amended 1972
Enforcement: EEOC Coverage: Employers of 15 or more, unions, employment agencies Exceptions: BFOQ Merit and seniority Title VII Of The Civil Rights Act Of 1964, amended 1972
Remedies Make whole Affirmative Action Compensatory and punitive damages Recordkeeping Issues: 1 Year Record Retention: Records concerning any personnel decisions (hiring, firing) Title VII Of The Civil Rights Act Of 1964, amended 1972
State Laws May: • Prohibit employment discrimination based upon: • Race, color, religion, sex, national origin (like Title VII) • Age (generally), marital status • Disability • Allow employees access to personal records held by the employer (e.g. personnel file) • Provide protection to “whistleblowers” • Provide leave in excess of FMLA
Types of Discrimination • Disparate treatment – discrimination that singles out an individual or group, “intentional” • Adverse impact – neutral policy that disproportionately affects members of protected class
Age Discrimination in Employment Act of 1967 Prohibits: discrimination in hiring, firing, compensation, or other terms and conditions of employment for those above the age of 40
Age Discrimination in Employment Act of 1967 Exceptions: • Seniority • Merit • BFOQ • Discharge for Cause • Policy making executives with pension of $44,000/year
FLSA: The Fair Labor Standards Act Of 1938 • Minimum wage • Overtime provisions • Child labor restrictions • Equal pay for equal work (1963)
FLSA Compensatory or Overtime Provisions Employers are required to pay time and one half an employees regular rate of pay for all hours worked in excess of forty in any workweek for any non-exempt employee. • Regular rate • Hours worked includes any time in which the employee is “required, suffered or permitted to work”
FLSA Compensatory or Overtime Provisions Employers are required to pay time and one half an employees regular rate of pay for all hours worked in excess of forty in any workweek for any non-exempt employee. • Hours worked does not include hours employee was paid but for which no work was performed (sick leave, holidays) • Each work week stands alone • In the public sector, employers can use compensatory time instead of cash overtime
FLSA Exemptions • Executive • Professional • Administrative • Outside Sales Note: Remember the importance of the salary test.
FLSA – Three Main Tests for Exemption Three Main Tests • Salary Level • Salary Basis • Job Duties
FLSA – Three Main Tests for Exemption • Salary Level • For most employees - $455/week as of 8/23/04 • Total Annual compensation includes • Commissions • Nondiscretionary bonuses
FLSA – Three Main Tests for Exemption • Salary Basis • Regularly receives a predetermined amount of compensation each pay period • No reduction related to performance • Must be paid the full salary for any week in which the employee performs any work. • Ready, able and willing to work issues
FLSA – Three Main Tests for Exemption • Job Duties • Executive • Primary duty is management of the enterprise or of a customarily recognized department or subdivision; • Customarily and regularly directs the work of two or more other employees; and
FLSA – Three Main Tests for Exemption • Job Duties • Executive • Authority to hire or fire other employees or whose suggestions and recommendations as to hiring, firing, advancement, promotion or other change of status of other employees are given particular weight.
FLSA – Three Main Tests for Exemption • Job Duties • Administrative • Whose primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and • Whose primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.
FLSA – Three Main Tests for Exemption • Job Duties • Learned Professional • The employee’s primary duty must be the performance of work requiring advanced knowledge • In a field of science or learning • Customarily acquired by a prolonged course of specialized intellectual instruction
FLSA – Three Main Tests for Exemption • Job Duties • Creative Professional • The employee’s primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor
Police, Fire Fighters, Paramedics & Other First Responders • The exemptions also do not apply to police officers, detectives, deputy sheriffs, state troopers, highway patrol officers, investigators, inspectors, correctional officers, parole or probation officers, park rangers, fire fighters, paramedics, emergency medical technicians, ambulance personnel, rescue workers, hazardous materials workers and similar employees, regardless of rank or pay level, who perform work such as preventing, controlling or extinguishing fires of any type; rescuing fire, crime or accident victims; preventing or detecting crimes; conducting investigations or inspections for violations of law; performing surveillance; pursuing, restraining and apprehending suspects; detaining or supervising suspected and convicted criminals, including those on probation or parole; interviewing witnesses; interrogating and fingerprinting suspects; preparing investigative reports; or other similar work.
Court Reporter Fair Labor Amendments of 1995 • “The hours an employee … performs court reporting transcript preparation duties shall not be considered as hours worked … if • Such employee is paid at a per-page rate which is not less than the maximum established by state law … and • The hours spent performing such duties are outside of the hours such employee performs other work … pursuant to the employment relationship with such public agency.
Court Reporter Fair Labor Amendments of 1995 • For purposes of this section, the amount paid … for the performance of court reporting transcript preparation duties, shall not be considered in the calculation of the regular rate …
Title I, Americans with Disabilities Act of 1990 Coverage: Employers of 15+, unions, agencies Requirements • Non-discrimination because of disability • Reasonable accommodation unless undue hardship • No pre-employment medical examinations • Separate, confidential medical records Enforcement • EEOC
Title I, Americans with Disabilities Act of 1990 Definition: An individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or who is regarded as having such an impairment. Storage: ADA requires separate and confidential medical records
Immigration Reform And Control Act Of 1986 Requirements: • INS Form I-9 for all employees hired after 11-6-86 • Employer: • Signs form indicating documents examined • Verifies authenticity of documents
Immigration Reform And Control Act Of 1986 Retention: Longer of 3 years or 1 year after employment Issues: Photocopying and storage in the personnel file
The Family and Medical Leave Act Provides eligible employees of covered employers up to 12 work weeks of unpaid leave for: • birth and care of a newborn • placement of child for foster care or adoption • care for immediate family member with serious health condition • spouse, child, parent • employee’s own serious health condition
FMLA – Eligible Employees • Those who have worked for the court for at least 12 months • And who have worked at least 1,250 hours in the year preceding the FMLA leave
FMLA – Serious Health Condition • Injury, illness, impairment, or physical or mental condition that involves: • Inpatient care • Requires 3+ days of absence • Pregnancy/prenatal care • Chronic • Permanent or long term • Continuing treatment by health care professional
FMLA – “Year” Defined As… • Calendar year • Fixed leave year • 12 months from the start date of first FMLA leave • Rolling 12-month period • The court as employer can choose, but must stick with the choice.
FMLA – Spouses Working Together for the Same Employer • Combined total of 12 workweeks of leave for: • Birth and care of a child • Adoption or foster care • Care for parent with serious health condition