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Human resource professionals are not only responsible for upholding the values of a company and maintaining positive employee relationships, but they also represent the legal force of a business. In addition to advocating for employees and providing guidance in workplace conflict resolution, HR professionals are responsible for knowing and educating others on current federal and state employment regulations.

A well-trained representative will enforce policies and advocate for compliance and have the legal knowledge to recognize if specific policies contradict one another. HR professionals who consult with an experienced attorney are better prepared to anticipate liabilities and proactively construct procedures to avoid a suit. At KJK, our Employment Law attorneys can help your HR department craft policies and procedures that reduce liabilities and increase compliance with all state and federal regulations.  

Common Complaints:

What HR Professionals Should be Prepared for 

The most common complaints that human resource professionals experience are issues of compliance concerning: 

  • Benefits and compensation
  • Leave of absence
  • Discrimination and harassment
  • Health and safety
  • Employee labor rights
  • Confidentiality

employment liability

By the Numbers

discrimination charges filed with the EEOC since 2010

paid to the EEOC by employers in 2015

%

senior male leaders avoid solo interactions with women

Compliance:

HR Training for Employees, Managers & Business Owners

Compliance training can help prevent employment claims, saving employers from defending against expensive litigation and paying costly settlements. Moreover, companies that show a commitment to compliance and diversity are better positioned to obtain – and retain – talent.

KJK provides our corporate and litigation clients with one complimentary training session per year on employment-related laws and regulations. Our team has decades of experience defending claims, and our presentations are concise, clear and offer practical approaches to complex issues that can significantly disrupt your business. 

EQUAL EMPLOYMENT OPPORTUNITY, NON-DISCRIMINATION, & RETALIATION

Various federal, state and local laws prohibit discrimination and retaliation based on a number of protected categories, including race, national origin, religion, sex, age, disability, pregnancy, sexual orientation, gender identity and genetic information. KJK’s training will:

  • Review your policies and procedures regarding EEO, discrimination and retaliation laws
  • Explain proper human resources practices to help avoid discrimination and retaliation complaints at your company
  • Explain the best procedures for investigating and resolving discrimination complaints
  • Identify the risks of violating your business’s non-discrimination and non-retaliation policies
#METOO AND SEXUAL HARASSMENT TRAINING

#MeToo has had repercussions throughout the employment landscape. Every company should provide regular and practical anti-sexual harassment training. KJK’s training will:

  • Review your policies and procedures regarding sexual harassment
  • Explain the common misconceptions about the legal definitions of sexual harassment
  • Describe the best procedures for responding to complaints of sexual harassment
  • Recommend best practices for investigating a claim for sexual harassment
FAMILY MEDICAL LEAVE ACT & AMERICANS WITH DISABILITIES ACT

The Family Medical Leave Act (FMLA) requires covered employers to provide job-protection and unpaid leave for qualified medical and family reasons. The Americans with Disabilities Act (ADA) allows for reasonable accommodations for mental and physical disabilities. KJK’s training on each of these federal laws will cover:

  • How to make eligibility determinations
  • How to address the interactive process
  • How to respond to requests for accommodations under the ADA
  • How to ensure extended leave policies are compliant with the ADA
  • How to administer FMLA leave, including intermittent leave
WAGE & HOUR COMPLIANCE

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay and record-keeping requirements for full-time and part-time workers. It requires employers to pay non-exempt employees who work more than 40 hours per week overtime pay of one-and-one-half times their regular rate of pay. The FLSA directs what is (and is not) included in an employee’s regular rate of pay, but these calculations can oftentimes be complex. KJK’s training covers:

  • Common classification errors for determining exempt and non-exempt employees
  • Recommendations for enforcing clock-in and clock-out rules
  • Determining when bonuses should be included in an employee’s regular rate of pay

Get in Touch:

Contact The Labor & Employmnet Team at KJK Today

Don’t wait until a complaint has been filed. Get in touch with a Labor & Employment attorney to get your HR department up to date on the latest legal issues relevant for your business.

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