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Basic Employment Law Review Basic Employment Law Review

Basic Employment Law Review - PowerPoint Presentation

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Basic Employment Law Review - PPT Presentation

NC Association of Community College Trustees April 9 2015 Employment Categories Authority to Hire Employees Term of Employment Contract v AtWill Dismissing Employees Employment Categories ID: 268221

time employees part employment employees time employment part employee dismissing exempt full contract president contracts board faculty community personnel

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Slide1

Basic Employment Law Review

NC Association of Community College Trustees

April 9, 2015Slide2

Employment CategoriesAuthority to Hire Employees

Term of Employment (Contract v. At-Will)

Dismissing EmployeesSlide3

Employment Categories

There are two basic employment categories:

1. Full-Time or Part-Time

A. Full-Time – employed for a minimum of nine (9) months per year and works a minimum of thirty (30) hours per week. Full-time employees are entitled to benefits (i.e., insurance, leave, etc.)

 

B. Part-Time – employed for less than thirty (30) hours per week or less than nine (9) months per year. With the exception of an offer of health insurance in certain situations to comply with the Affordable Care Act, part-time employees are not entitled to benefits. Slide4

Employment Categories

2.

Exempt or Non-Exempt (Fair Labor Standards Act "FLSA")

A.

Exempt – employees engaged in executive, administrative, managerial and instructional faculty work; are exempt from the minimum wage and overtime provisions of the FLSA.

 

B.

Non-Exempt – employees engaged in technical, paraprofessional, secretarial, clerical and skilled craft work; are subject to the minimum wage and overtime provisions of the FLSA. Slide5

Authority to Hire Employee

1. President – hired by the Board of Trustees G.S. 115D-20(1)

 

2. All other Personnel – hired by the President

3. President may "authorize certain administrators to employ part-time instructors or other personnel for temporary duties.”Slide6

Terms of Employment

There are two

employment terms Slide7

Contractual Employees

A. All full-time employees (exempt and non-exempt) receive annual employment contracts.

 

N.C. Session Law 2001-424 § 30.6 states "… the State Board of Community Colleges shall require community colleges to convert all

faculty contracts

to nine-month contracts covering the fall and spring semesters.

Faculty members

currently employed for more than nine months shall be placed on supplemental contracts for the summer term." (Emphasis Added)

 

Question: Can you have multi-year contracts for full-time non-faculty employees? Slide8

Contractual Employees

B. All part-time instructional employees have contracts consistent with their courses.

 

C. All newly hired full-time employees serve an initial probationary period of three (3) months where they may be dismissed with or without cause (except the reason(s) for dismissal may not be arbitrary, capricious, discriminatory or for personal or political reasons).

 

D. No tenure track for community college employees. 1982 N.C. Attorney General Opinion ("[b]

ut

simple power to employ, in the opinion of this Office, does not include the power to establish a system of tenure. That power does not exist by implication.")Slide9

At-Will Employees

A. The only employees who are "at will" are part-time, non-instructional employees.

B. This is consistent with other, local community colleges:

 

Isothermal CC: part-time faculty and staff are "at will"

Southwestern CC: all part-time College personnel are "at will"

A-B Tech CC: all part-time personnel are "at will"

C. Could all employees (i.e., full-time and part-time) be employed "at will"? Slide10

Dismissing Employees

1. Non-Renewal of Contract

2. Dismissing during the Contract Period

3. At-Will

4. Reduction-In-Force Slide11

Dismissing Employees

1. Non-Renewal of Contract (Blue Ridge CC Policies)

 

A. President notifies employee no later than sixty (60) days prior to expiration of intent to non-renew the contract.

 

B. The employee can appeal (with the appeal ultimately coming to the Board for final review)

 

C. Policy contains the procedural due process steps provided to the employee.

Slide12

Dismissing Employees

2. Dismissing during the Contract Period

A. President has authority to take disciplinary action and dismiss employees.

 

B. Reasons the President can dismiss an employee is outlined in Policy

 

C. Employee can appeal President’s decision to the Board (which had been delegated to the Board’s Executive Committee).

 

Comment on the Board’s role in employee (and student) hearings.Slide13

Dismissing Employees

3. At-Will

A. At-will employees have no expectation of future employment and have no property right (i.e., no contract).

B. May be dismissed with or without cause (except the reason(s) for dismissal may not be arbitrary, capricious, discriminatory or for personal or political reasons).

 

C. Should follow due process policy and Board should consider granting a discretionary hearing if the employee raises dismissal being based on impressible grounds. Slide14

Dismissing Employees

4. Reduction-In-Force

A. This could apply to contractual and/or at-will employees (need to guard against an argument that the "at-will" employee was dismissed for impressible grounds).

 

B. You RIF positions – not employees.

 

C. Procedural process is outlined in Policy

Slide15

QUESTIONS?

COMMENTS?

Slide16

Campbell Shatley, PLLC

674 Merrimon Ave., Suite 210

Asheville, NC 28804

(828) 378-0064