4 Employment Policies You Should Update in Q1
With the start of a new year comes new goals and ambitions for your organization. Checking to ensure employment policies are up to date and implemented properly is rarely at the top of the list, but is vital to the health of an organization. Here are four employment policies you should check in the first quarter of 2025.
1 - Family Medical Leave Act (FMLA)
FMLA can be frustrating and sometimes feels like a trap for the unwary and unprepared. Long, paid absence of a team member can have real negative effects. From tying up resources to other team members having to “carry the weight,” long absences can leave employers and employees frustrated. This is why it is so important to know the law and ensure that your organization is in compliance. Having a clear and strong FMLA policy will help you navigate tough situations a bit easier and will help keep your organization in compliance.
2 - Americans with Disabilities Act (ADA)
The Americans with Disabilities Act is a civil rights law that protects disabled employees and requires an “interactive process” throughout the accommodation request process. Ensuring all your managers are thoroughly trained on your ADA process and employee handbook procedures can make a huge difference in successful implementation. Bringing in an attorney to do this training has many benefits and can relieve the burden on top leadership.
3 - Pregnant Workers Fairness Act (PWFA)
The PWFA requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation will cause the employer an “undue hardship.” The PWFA requires an “interactive process” throughout the accommodation request process and covers postpartum care accommodations.
4 - Fair Labor Standards Act (FLSA)
The FLSA determines minimum wage and overtime pay for employees. The FLSA requires employers engaged in an enterprise to pay covered non-exempt employees at least the federal minimum wage and overtime pay for all hours worked over 40 in a work week. Misclassifying workers can get messy very fast. Penalties can be assessed for each violation and an investigation can ensue. Ensuring all positions have clear job descriptions and ministerial functions are highlighted and actually performed can help keep your organization in the clear.
There are so many benefits to having an attorney in your corner, especially one that understands and supports your vision. If you do not already have a trusted attorney, reach out to us. We would love to help you navigate the legal side of running a nonprofit so you can focus on your mission!
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Readers of this article should contact their attorney to obtain advice with respect to any particular legal matter.
Anthony & Sparkman, PLLC is a law firm with lawyers located in both Dallas/Fort Worth and Kalispell, Montana that provides legal counsel to both churches and nonprofits around the world. John Anthony & Michele Sparkman have spent over a decade providing general counsel to churches and nonprofits on issues ranging from incorporation, governance, employment, policies and procedures, taxes, succession planning, real estate development, and much more. For more information visit our website at www.thenonprofitteam.com.
