Creating a positive, safe, and healthy environment for your employees is critical for your success as a business. Having the right policies in place and ensuring everyone is aware of the expectations of the company protects everyone involved.
Part of protecting your business from liability means making sure you do not violate any regulations when hiring or managing employees and also comply with all workplace laws and regulations.
Employment laws can be complex and understanding them (as well as implementing them!) can be challenging, especially if you do not have dedicated legal counsel. Many small businesses don’t have an HR professional on staff, let alone a human resources attorney!
Still, the law is the law and we have to comply. That’s why Advanced Benefit Solutions is partnered with an experienced HR attorney. By leveraging her expertise, we are able to provide a more comprehensive benefits experience for our clients.
Meet our Human Resources Attorney
Jennifer Stanley is our go-to when it comes to employment and workplace law. She graduated in 2013 from Texas Tech University School of Law with a certificate in Health Law. Her first role out of law school was as the Compliance Attorney for an independent boutique broker.
Her value is unmatched. Employers benefit from Jennifer’s personable, articulate, and practical approach, which balances cost and risk mitigation with compliance adherence.
When employers have questions, particularly around benefits and human resources, it’s an emergency. The answers can be the difference between compliance and a fine or worse, a lawsuit.
Jennifer presents solutions to employers’ problems, considering the potential risks involved, addressing the various laws and regulations at play, and understanding the interplay between employer needs, employee benefits and human resources.
With the rise of remote workplaces, compliance needs have grown more complex, particularly regarding policies, procedures, best practices, and adherence to state and local laws. Jennifer understands these evolving requirements and assists employers in navigating this challenging landscape effectively.
We asked her to share the top six questions about HR or employee-related concerns she receives, and she delivered! Have you ever asked one of these questions?
Top Questions for HR Attorneys
Q1: What can we do to ensure compliance with employment laws?
Employers frequently ask about compliance with various federal, state, and local employment laws, such as the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and Occupational Safety and Health Administration (OSHA) regulations.
Attorneys can conduct compliance reviews and provide resources to ensure that workplace practices meet all legal requirements.
Q2: We pay employees a salary; doesn't that mean they are exempt from overtime pay?
Paying employees a salary does not automatically mean they are exempt from overtime pay. Exemption from overtime pay under the Fair Labor Standards Act (FLSA) depends on several factors beyond just receiving a salary.
With the new Overtime Regulations taking effect, it’s a must that employers review and document their determination of exempt and nonexempt employee status.
Q3: We have several employees that we classify as independent contractors. Why is that a problem?
Classifying employees as independent contractors can be problematic if the classification does not accurately reflect the nature of the working relationship.
Misclassification can lead to several legal and financial issues, including penalties, unpaid wages litigation, investigations by the Internal Revenue Service and Department of Labor, and bad relations with workers.
Q4: What are our obligations regarding employee benefits and compensation?
Questions about wage and hour laws, overtime pay, and employee benefits (such as health insurance and retirement plans) are common.
HR attorneys provide guidance on structuring compensation and benefits packages in compliance with laws such as the Employee Retirement Income Security Act (ERISA) and the Affordable Care Act (ACA) as well as considering state and local mandates, too.
Q5: What should we include in our employee handbook?
Developing or updating an employee handbook is a common concern. Employers want to know what policies and procedures should be included to protect both the organization and its employees.
HR attorneys help draft and review handbooks to include essential policies on topics such as harassment, discrimination, leave, and workplace conduct while removing policies that are not applicable to the employer.
Q6: What Are the Best Practices for Hiring and Firing Employees?
Hiring
Employers often seek advice on creating job descriptions, conducting interviews, and making offers of employment that comply with anti-discrimination laws. HR attorneys can help ensure that hiring practices are fair and legally sound.
Firing
When it comes to termination, employers need to understand the legal grounds for firing an employee and how to document performance issues properly. HR attorneys provide guidance on conducting lawful and defensible terminations.
Don’t Settle for Subpar Benefits Administration
Did you know that your benefits broker can help you with questions like these – and also plays a significant role in your legal compliance?
You don’t have to keep track of everything by yourself. The paperwork, the employee classification, and even the proper way to hire or terminate employees … Advanced Benefit Solutions can help.
If you ever need more legal assistance, we refer our clients to Jennifer’s firm. You can check out more about what she does by visiting stanleykup.com.
Reach out to our team to find out how liberating it can be to work with a benefits broker who does so much more than setting up your employee benefits.
Call us today at (800) 291-2009 or contact us.
