Church Executive CHURCH EXECUTIVE NOV-DEC 2017 DIGITAL | Página 28
BEST
EMPLOYMENT
PRACTICES
FOR HOUSES OF WORSHIP
Frank Sommerville, JD, CPA — in partnership with Church Mutual
Insurance Company — discusses harassment, hiring practices,
terminating employees, and wage/overtime rules compliance.
Do common employment laws extend to every employee?
Sommerville: Some of the laws that we’re going to talk about apply
even if you have one employee, while other laws that we’re going to talk
about apply only if you have 15 or more employees. Employment law is
found in federal statutes, but it’s also found in state statutes and city
ordinances and county statutes. So, there are multiple layers of regulation
over employment law. I’m going to be addressing the federal law today. You
need to talk to an employment lawyer in your locale to determine what the
state and local laws are that will also govern your employment practices.
How is ‘harassment’ defined by law?
Sommerville: It is unwanted attention paid to you based on your
gender. So, it can be extremely subjective. That is part of why it’s hard
to fit a single definition into a policy or procedure. However, you should
regularly inform your employees that harassment for any reason is not
going to be tolerated, and you need to tell them about the procedure that
should be followed if it occurs to them.
What procedures should be followed in the event of a situation
involving harassment?
Sommerville: With a serious harassment — meaning inappropriate
touching or a condition of a promotion or a raise being tied to them doing
sexual acts — that needs to be reported immediately. Otherwise, you
should at least try to deal with that with the harasser first.
Frank Sommerville, JD, CPA
Shareholder
Weycer, Kaplan, Pulaski & Zuber, P.C.
28
CHURCH EXECUTIVE | NOV / DEC 2017
How should staff handle these reports?
Sommerville: Many times, the person reporting it wants
confidentiality, but you can’t guarantee that because sometimes you might
have to interview other witnesses to determine whether harassment took
place. You need to have a very prompt investigation after it’s reported.