Each state has its own law and employment regulations related to human resource management. These reflect labor relations, records retention, employee criminal records check, mileage reimbursement requirements for employees etc. HR professionals may or may not be an expert in the legal field of HR management, thus the need of a lawyer who can deal with legal issues to the same is quite important to your organization.
There are laws pertaining to anti-discriminations, wage and hour, age bar, leave provisions, gratuity, medical and disability and a lot more, which concern human resource management, the company and its employees. Some legal issues could be as serious as sexual harassment, breaking of a contract, project delays, dissolving of a department or a branch, resource misuse, and others.
Here the HR department has to step in and study the scenario along with its legal implications, which can be quickly dealt with a lawyer who is acquainted with HR legal issues.
Some of the other common legal issues in HR management that a lawyer can help resolve are mentioned below:
- Terminations, Unfair Dismissals and Adverse Actions
- Restraints of Trade
- Dispute Resolutions and Advocacy
- Industrial Relations
- Performance management and investigation
- Business Redundancies and Restructures
- Training and Compliance
A highly experienced lawyer in legal issues concerning HR management will provide expertise in risk identification, offer tailored HR management manuals, checklists, guide handbooks and conduct interactive training throughout levels of management on all employment laws. The attorney will keep up with the ever-changing mix of compliances for both the employees and its company, enterprise agreements, prevent a business from poaching of clients, suppliers etc.
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How Does a Lawyer Help With HR Management?
An HR management attorney is well-versed with labor law, employment regulations, and can interact with HR clients. He/she can defend the interest of the company and its employers and add value to the role of human resources in the organization. Such lawyers can transfer legal services to HR practices that work in organization’s interests and mitigate the risk in HR decision-making.
The attorney will have complete knowledge of specific laws and interpret those correctly, such as those under Americans with Disabilities Act and the Equal Pay Act, Title VII of the Civil Rights Act etc.
Lawyers, expert in specialty areas such as practicing before federal agencies as the U.S. Equal Employment Opportunity Commission or managing workers‘ compensation, negotiating contracts can assist in transforming the HR management for better.