We believe that the best and most cost-effective way to manage ever-increasing employment law risk is to start with a compliant, up-to-date HR infrastructure.
HR Audits, Infrastructure and Strategy
The HR Audit
To design a compliant, up-to-date HR infrastructure, however, we first need to learn about our client’s existing HR and employment law policies. We discuss during the audit our client’s employee mix (full-time vs. part-time, exempt vs. non-exempt), whether and how they use independent contractors, what HR software they use, which payroll provider they use, how they track employees’ time, what their paystubs look like, how they compensate their employees, how they protect their confidential/proprietary information, what employee benefits they offer, how they measure and reward employee performance, and how they handle employee leaves of absence. We also review all of the client’s HR policies and agreements.
Doing a deep dive into these issues gives Workplace Legal critical information. It tells us the client what the client is doing right in terms of HR and employee management, and it tell us what they’re doing wrong. We learn what they’re not doing but should be doing – or are legally required to be doing. It tells us where their HR team excels and where they need more help.
Equally importantly, the back-and-forth during the audit teaches the client and their HR team everything they need to know about HR and employment law. They learn how to maintain proper employee files, when a worker qualifies as an independent contractor, and the difference between classifying an employee as “exempt” or “non-exempt.” They learn about meal and rest periods, and when “premium pay” is owed, and how to calculate paid sick leave and overtime. We talk about what qualifies an employee as “disabled,” when and how to engage in the “interactive process,” and what constitutes a “reasonable accommodation.” And the client learns “best practices” for employee retention, discipline, and termination, among many other topics.
In short, the HR audit is a hugely productive exercise for everyone involved. It teaches our team about the client and its business and operations, and provides the client and its HR team the critical foundational knowledge they need to recruit, hire, retain, and manage their employees and minimize the risk of disputes and lawsuits in the future.
Building the HR Infrastructure
The HR audit is the first step. Following the audit, Workplace Legal takes what we learned about the client and its operations and builds a state-of-the-art HR infrastructure for the client, often including:
- Employee Handbook
- Paid Sick Leave (PSL) and Paid Time Office (PTO) Policies
- Policy on Harassment, Discrimination, Bullying, and Retaliation
- Remote Work Policy
- Artificial Intelligence (AI) Policy
- Company Vehicle Policy
- Conflict of Interest/Ethics Policy
- Policy on Protected Health Information (PHI)
- Travel Policy
- Injury & Illness Prevention Policy
- Workplace Violence Prevention Policy
- Compliant Offer Letter Template
- Executive Employment Agreement Template
- Incentive Compensation Plans and Bonus Agreement
- Independent Contractor Agreement Template
- Employee Arbitration Agreement
- Confidentiality and Non-Disclosure Agreement
- Proprietary Information and Innovations Assignment Agreement
- Employee Performance Evaluation Template
Rollout of the New HR Infrastructure
Once the client has its new infrastructure, we guide the client through the process of announcing it and rolling it out to all employees. Some clients asks Workplace Legal to be present for an all-hands meeting to explain the new policies and answer employee questions. In other cases, the client’s HR team handles the internal marketing themselves, with Workplace Legal serving as a guide and advisor through the process.
In every case, following the successful design and rollout of a new HR infrastructure, our client is ready to achieve and maintain best-in-class HR competitiveness. And our client knows that, going forward, our attorneys are on standby to help with any employee issue or situation that may arise.
