Human Resources and Employment Law

The human resources (“HR”) function is at the forefront of a company’s efforts with respect to two of the key elements of organizational design—people and organizational structure.  While HR practices differ around the world, it would seem to be universally true that in order for companies to successfully achieve their strategic goals and objectives they must strive to attract, motivate, and retain those employees who are best qualified to carry out the necessary activities of the company and make sure that they are placed into the right spots in the most effective organizational structure.  The traditional role of HR was perceived as being largely administrative—recruiting and interviewing prospective employees, administering benefit plans and writing policies—and is often referred to as the “personnel administration” approach; however, forward thinking companies now realize that the HR function must be part of the company’s strategic planning activities and that HR leaders must engage in what is common referred to as “human resources management”, or “HRM”, strategy, and proactively suggest new policies and initiatives to the senior executives of the company to ensure that the company has access to appropriate knowledge and talent in each of the markets where it is active. The personality profile for HR managers and specialists has also changed radically in recent years due to the fact that the HR function now provides a wide array of services to persons throughout the company’s organizational structure including training and development, job analysis, oversight of workplace conditions and mediation of disputes between employees and the company.

THOMSON REUTERS

Business Transactions Solution on Thomson Reuters Westlaw contains a transaction-based practice system for the life cycle of a business entity. Each transaction structures itself around a module design, including transaction summary, memorandum analysis, master forms needed to execute the transaction, commentary analyzing every clause or provision of the form, drafting and review checklists, and specialty forms. The unlimited-use subscription provides regular updates, including new master forms, commentary, checklists, and specialty forms.

Legal Compliance Checkups: Business Clients.  The questionnaire format of this multivolume work shows how to elicit answers, make a diagnosis, and recommend an efficient, safe course of action for your business clients. Each chapter provides business guidance in specific business activities, including forming contracts; buying and selling a business; franchising; operating in the global marketplace; counseling on insurance, pension, securities, and product liability issues; borrowing money; contracting with the government; and resolving patent, copyright, and trademark-related problems and issues. Topics include business organization, estate planning, labor relations, real estate, securities, patents, computer software, advertising warranties, environmental law, and transportation and distribution.  Features include showing how to assess the “legal health” of your clients and suggestions on how to apply the right remedies to legal pitfalls in your clients’ activities.

Business Counselor’s Law & Compliance Practice Manual offers in-house counsel, or outside counsel acting as the primary legal and compliance adviser to a company, a comprehensive set of materials on how to establish, manage, and grow the law and compliance function. You’ll benefit from the author’s insights based on over two decades of experience with internationally recognized law firms as a partner and senior counsel member. Topics covered include organizing and managing the law and compliance function; managing a company’s intellectual property rights; human resources; and international compliance issues. Other manual features include forms and checklists available in print and on CD-ROM.

Human Resources

Employment Agreements

Executive Compensation and Benefits

Stock Incentive Plans and Agreements

Employee Law Compliance

Independent Contractors

Employee Handbooks and Policies

ADDITIONAL RESOURCES (POWERED BY SUSTAINABLE ENTREPRENEURSHIP PROJECT)  The Sustainable Entrepreneur’s Library of Resources for Human Resources consists of three Parts.  Part I provides an introduction to HRM that includes discussions of the scope and importance of HRM; the development and evolution of HRM; activities of the HR function; HR documents, practices and systems; strategic planning for HR; and organizing and managing the HR function.  Part II discusses the role of the HR function and the specific activities that fall within the usual scope of the duties and responsibilities of HR personnel.  The Part begins with an overview of relevant US laws and regulations pertaining to the employment relationship. The next chapters explore various topics relating to the practice human resources management including recruitment and hiring, leadership and management, motivation and performance evaluation, compensation philosophies and policies, training and development, disciplinary actions and terminations, employee handbooks and policies and the use and content of different forms of employment agreements.  The last two chapters provide introductions to the issues that arise when creating and managing a global workforce and the theory and practice of sustainable HRM.  Part III explores cross-cultural studies of HRM beginning with coverage of the debate between the proponents of the “culture-specific” and “culture-free” approaches to comparative HRM: those on the side of culture specificity argue that country-specific approaches to HRM, also referred to as “contextual” approaches, are the most effective and will allow firms to become and remain more competitive while the culture-free HRM position is based on the belief that the steady, and seemingly permanent, march toward a global marketplace dictates that firms must be prepared to embrace “global” HRM practices and gradually minimize the influence of local differences.  Other topics covered in this Part include the development and evolution of HRM outside of the US, labor relations and trade unionism around the world, comparisons of human resources practices and policies in different countries and HRM in developing countries.  The last chapter in the Part includes profiles of HR issues, regulations, policies and practices in various countries and regions.

WEBINARS AND OTHER CONTINUING EDUCATION EVENTS

West Legal Ed Center Click for list of all programs presented by the Institute on West Legal Ed Center.  Programs relating to human resources and employment include several videos prepared for the Beyond the Bar training initiative and the following webinars (available on demand):

Business Counselor Institute on West Legal Ed Center

  • Employee Handbooks and Policies (06.2016)
  • Counseling the Human Resources Function (09.16)

Beyond the Bar Training Programs

  • Counseling the Human Resources Function
  • Agreements and Procedures for New Employees
  • Employee Handbooks and Policies
  • Independent Contractors
  • Employment Agreements
  • Employee Confidentiality and Innovations Agreements
  • Employee Noncompetition and Nonsolicitation Agreements
  • Recruitment and Hiring
  • Performance Evaluation
  • Discipline and Termination
  • Discrimination and Harassment
  • Workplace Privacy and Safety
  • FLSA/Wage and Hour Rules

ARTICLES

Human Resources and Employment Articles from Business Counselor Institute

Human Resources Articles from Sustainable Entrepreneurship Project