HR Law

If you run a small business, chances are you also manage employees — making you an employer. As an employer, you have a tremendous responsibility to your workers with regard to keeping them productive, satisfied with their jobs, free from harassment or other mistreatment, and working toward the overall goals of your business. You also are bound by federal, state, and local employment laws. These include the payment of fair wages, the right to work in an environment free from harassment or discrimination, and the requirement in most states that you carry a specified minimum amount of workers’ compensation insurance. And that’s just the beginning.

“Human resources” (or simply “HR”) refers to the people who comprise the workforce of your business. The term is often used within the context of HR management — applying employment laws and best practices to your workforce in order to increase productivity, retain your top talent, and minimize legal exposure.

Hiring, Compensation, and Benefits

Although you’re generally not required to offer benefits, it’s an effective way to both attract and retain top talent. But if you do offer benefits, you need to make sure you don’t run afoul of any regulations and that your workers are properly classified as either employees or contractors. Compensation — including not just the amount of pay but also vacation time and other factors — is governed by certain state and federal regulations. Finally, the hiring process is regulated by federal and state nondiscrimination laws and other regulations.

The Hiring Process

• Hiring Independent Contractors vs. Employees
• The Interview Process: Selecting the “Right” Person
• Pre-Employment Employment Arbitration Agreements
• Best Practices for Employers in a Hiring Interview
• E-Verify for Employers (U.S. Dept. of Homeland Security)

Compensation

• State Pay Day Requirements
• Federal Wage Law: The Fair Labor Standards Act
• Minimum Wage (U.S. Department of Labor)
• Wage and Hour Laws: FAQ
• State Workers’ Compensation Officials(DOL)

Benefits

• Health Insurance Overview
• Small Business Health Options Program (HealthCare.gov)
• Retirement Plans and Pensions
• 401(k) Plan Fees for Employers
• Employee Benefits Basics

Discrimination and Harassment

Protecting your employees from discrimination and harassment is not only the right thing to do, but it will help prevent costly lawsuits and a stressful workplace. Keep in mind that while federal anti-discrimination laws still do not protect LGBTQ employees, many state laws do. But regardless of these laws, cultivating an inclusive and respectful workplace is smart HR policy and will help you recruit top talent and get the most out of your staff.

• Sample Anti-Discrimination and Harassment Policies
• How to Handle Harassment and Discrimination Complaints
• Required Labor Posters: State Guide
• Discrimination by Type (U.S. Equal Employment Opportunity Commission)
• Tips for Creating a “Friendly” Workplace
• Preventing Sexual Harassment
• Sexual Orientation Discrimination in Employment

Discipline, Termination, and Resignations

As an employer, you may find yourself in the position of having to reprimand employees for unacceptable and/or disruptive behavior, not only to maintain an orderly workplace but also to protect your company from claims of discrimination or negligence. You’ll want to create discipline policies in advance, make sure your employees understand these policies, and be consistent. Also, how you terminate or otherwise say goodbye to employees is just as crucial (if not more so) than how you conduct the hiring process.

Discipline

• Whistleblower Retaliation Could Land You in Trouble
• What You Should Keep in Your Employees’ Personnel Files
• Guide to Creating Employee Handbooks
• Workplace Bullying
• How To Be an Ethical, Fair and Lawful Manager of Employees While Protecting Your Interests (SBA)

Termination and Resignations

• How to Fire an Employee and Stay within the Law (SBA)
• Sample Employment Termination Contract
• Sample Executive Severance Agreement
• Wrongful Termination Laws: Illegal Reasons
• Departing Employee FAQ

HR Lawyer Free Consultation

When you need help with Human Resource Law, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael Anderson

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.

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