Human Resource Set-up / Tune-up

Set up or review your human resources policies and practices for legal compliance. Simple and effective, handled by lawyers, not non-lawyer consultants. Backed by attorneys who provide day-to-day advice and counsel after implementation and who will defend your company in the event of an employee lawsuit.

HR “Infrastructure” Set Up1 and Tune Up2 Solutions

Both solutions include the following service features:

Independent Contractors

• Legal Analysis
• Evaluation of Use

Interview Process

• Permissible Pre-Employment Inquiries
• Job Application
• Background Check & Consents
• FCRA Forms, Documents & Consents
• Drug Test Policy & Consents
• Reference Checks & Consents
• Offer Letter

Hiring Process

• Orientation/New Employee Checklist
• Immigration/I-9
• W-4
• New Hire Data Sheet
• Job Descriptions/Essential Functions
• Equipment/Uniform Acknowledgement
• Employment Agreement
• Inventions Agreement
• Trade Secrets/Proprietary Rights Agreement
• Employee Handbook
• Drug & Alcohol Testing Policy & Agreement
• Arbitration Agreement

Payroll/Wage & Hour

• Classification of Exempt/Non-Exempt Status
• Timesheet/Time Keeping
• Timesheet “Magic Language”
• Meal Period/On Duty Meal Waivers
• Lawful Deductions from Wages Form
• California Overtime Rules
• Alternative Workweeks
• Itemized Wage Statement Requirements

Postings

• Required Postings
• Wage Order

Leaves

• Time Off/Leave Request
• FMLA Leave Documents
• Overview/Leaves Summary

Management/Training

• Sex Harass Training Record
• Other Training Record
• Employee Performance Review & Evaluation

Discipline

• Corrective Action/Coaching Record

Mass Layoff

• WARN and Cal WARN Notices

Termination

• Termination Checklist
• Exit Interview/Checklist
• Final Pay Receipt Language
• EDD Separation Notice
• COBRA/Cal COBRA Notices
• Trade Secrets/Proprietary Rights Letter
• Letter to New Employer re Trade Secrets
• Severance Agreement

Litigation

• Prior Litigation Inventory and Evaluation

If this looks daunting, thank your state and federal elected representatives. But Vision Law® provides a compliance solution, and we do so at a price that delivers more value to the SMB.

The solutions are intended to be “turn-key,” but they still require proper application to your company’s particular circumstances. There is no “one solution fits all,” thus there is also no “one price fits all.” The extent of implementation will depend on employer size and operations. Therefore, please contact us to discuss HR Set Up solutions and pricing with a lawyer.

Why Vision Law®’s HR Set-up/Tune-up Solutions?

Lawyers have traditionally stayed away from HR infrastructure set-up, instead leaving this work to the employer or non-lawyer business/HR consultant. We suspect the reason for this is two-fold: 1) the lawyer is/was too expensive; and 2) the lawyer likes to litigate, makes more money doing so, and has little time to develop preventive legal solutions that truly add value to the SMB. But Vision Law® has created a solution intended to protect your company from lawsuits and to cover the “life cycle” of the employment process, at a cost that makes sense for your business. We combine resources/documents + human touch + legal expertise and backup.

Some non-lawyers provide similar services, most notably either “do-it-yourself” on-line or book resources or business/human resources consultants. Both of these options, while beneficial, have limitations.

The “Do-It-Yourself/Self Help” Alternative: If you wanted to set up your company’s human resource infrastructure yourself or had the time, tools and resources to do so, you probably would not be reading this. Even if you did, using “self help” resources has drawbacks: 1) there is no legal review for compliance with California law, and 2) their use almost always comes with disclaimers, e.g. the information is not legal advice, seek advice of an attorney, for informational purposes only, etc. It can be more expensive for lawyers to review and revise the DIY materials for compliance with California law then to have prepared them in the first place.

The “HR Consultant” Alternative: Non-lawyer consultants add the value of the human touch and access to someone with experience in employment and labor law matters. There are some talented, knowledgeable and experienced consultants – we know some. But at the end of the day, the non-lawyer consultant cannot represent your small/medium business (SMB) in court. Only the lawyer is trained, licensed and lawfully permitted to do so.

¹ Includes documents as applicable.

² HR Tune Up: We offer the same scope of services as the HR Set Up – the difference is we act in a review and consultative capacity. We will review your systems and processes already in place. We then help you implement changes as necessary to prevent employee claims or to put you in the best position to “win” if your business is sued.

The HR Tune Up is like an “audit,” but a friendly audit, unlike your “friendly neighborhood” state or federal government audit.