how can an lawyer help an hr department

A lawyer planning to enter the HR field should revise her resume. Showcasing her skills with employment regulations, labor law, interaction with HR clients and experience representing the interests of companies and employers demonstrates that a lawyer can add value to an organization in an HR role.

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What is the role of an HR lawyer?

Because much of HR work is predicated on understanding and interpreting laws concerning employer and employee rights, a lawyer is likely to expand his focus from providing legal advice to advising employers in an HR career.

Is Human Resources an easy field for a lawyer to enter?

Based on their ability to read, comprehend and interpret laws, lawyers are often considered knowledgeable about topics they may not specialize in. Human resources, then, should be an easy field for a lawyer to enter.

What specialties should a lawyer specialize in for HR?

Lawyers with expertise in specialty areas such as negotiating contracts, practicing before federal agencies such as the U.S. Equal Employment Opportunity Commission or managing workers' compensation matters should highlight those areas as specialties and transferable skills that are useful in an HR position.

How do I become an HR lawyer?

A lawyer planning to enter the HR field should revise her resume. Showcasing her skills with employment regulations, labor law, interaction with HR clients and experience representing the interests of companies and employers demonstrates that a lawyer can add value to an organization in an HR role.

How do HR and legal work together?

Legal and HR can work together to create educational training for managers about hiring laws, discuss forbidden interview questions, spot biases in the company's hiring process, and manage compensation targets.

Does HR handle legal issues?

HR Management Responsibilities These include issues relating to employee benefits and compensation, health and safety, leave entitlements, discrimination and harassment, confidentiality, and employee labor rights.

What would you do to improve the condition of the HR department?

How to Improve a Human Resources DepartmentImprove your hiring process. ... Educate your employees. ... Be clear about expectations. ... Work on reward programs. ... Utilize HR software. ... Conclusion.

What should you do if the HR department is the problem?

But when an HR department underperforms, it can leave employees in a tight spot....Here's Who to Talk to When HR (and Your Boss) Won't ListenFirst and foremost, follow company procedures. ... Contact the US Equal Employment Opportunity Commission (EEOC) ... Get outside legal advice.Take your leave.

How does the law affect human resource management?

Federal laws help ensure that job applicants and employees are treated fairly and not discriminated against. Hiring, training, and job placement must be unbiased. Promotion and compensation decisions must be based on performance. These laws help all Americans who have talent, training, and the desire to get ahead.

What are the three most important legal issues in human resource management?

Legal Issues In Human Resources:Confidentiality:Verification:Special Company Strategies:Workplace policies on different health issues:Labour Rights and implications:Tax Laws Of Organization:Laws of the Organization:

What are the 7 functions of HR?

What Does an HR Manager Do? 7 Functions of the Human Resources DepartmentRecruitment and Hiring.Training and Development.Employer-Employee Relations.Maintain Company Culture.Manage Employee Benefits.Create a Safe Work Environment.Handle Disciplinary Actions.

How can human resource management be improved in an organization?

Effective recruiting and hiring processes can also improve HRM. Overall, the best method is for the company to stay aware, engaged, and current on all key aspects of the organization and the human resources industry. Regular training and evaluation of team members is a way to improve human resource management.

What makes a great HR leader?

Today, a great HR leader is much more than just a people person. An effective HR pro has a unique balance of compassion, technological know-how, business acumen, and legal knowledge. With these traits, an HR professional can facilitate better decision-making and influence an organization's key decision-makers.

What should you not say to HR?

At this point, most employees are aware that the HR department is not your friend. They don't work for you – they work for the company....What should you not say to HR?Discrimination. ... Medical needs. ... Pay issues. ... Cooperate with HR if asked, but be smart about it.

How do I talk to HR about unfair treatment?

Reporting an Employer for Unfair TreatmentKeep it focused. Don't list every problem you've ever had with the company; focus on the illegal conduct. ... No legal buzzwords. Don't use legal terminology you don't fully understand. ... Be constructive. Identify what you would like to see changed. ... Avoid threats.

Can HR fire you?

Of course they can. People get fired for all sorts of reasons everyday, and most people in America don't have any recourse when it happens. But human resources rarely leads the way in firing someone.

What do employment lawyers think about?

Employment lawyers tend to think about problems in one of two ways: 1) whether it violates the contract/rule or not; and 2) whether it could result in litigation or not. If you ask a lawyer a question, you are usually going to get a legal answer—which may or may not be want you want. Lawyers like to apply rules.

Why do people consult lawyers?

Often people consult lawyers after the problem has become a crisis that either requires or has resulted in court action. Litigation is bad. It is time-consuming, expensive, exhausting and never solves anything. Litigation is a tool of economic leverage, not a path to truth or justice.

What do lawyers tell you?

Lawyers will tell you what you can and can’t do under the contract or the law. They are also very good at giving you the pros, cons, risks and benefits of various possibilities. If you want advice, expect the safest course of action that has the most support in the documents.

Why is it important to understand what your legal department does?

Knowing how to understand and evaluate what your legal department does is important in making the right decisions for the company. Just like a cardiologist views everything as a heart problem, a lawyer sees everything as a legal problem. So you may want their opinion, but you may not always want to follow their advice.

How to work with an employment lawyer?

The best way to work with your employment lawyers or legal department is to develop a good relationship. Talk to them when issues come up, so that you can prevent problems together. And remember, not everything is a legal problem or requires a legal solution. About the author.

What is the role of a company attorney?

Essentially the role of a company attorney is to minimize risk, ensure legal compliance and to draft and/or bless contracts. This role does not always lend itself well to helping and managing people in their jobs and lives.

Is litigation a tool of economic leverage?

Litigation is a tool of economic leverage, not a path to truth or justice. The best way to handle any problem is to prevent it or resolve it early. It is worth a month or two of severance to get a full release from a troublesome employee on his way out the door.

What do lawyers do in HR?

Lawyers who work for firms that represent employers have a built-in network for an introduction to the HR field. Law firms that defend management in employment litigation typically have extensive contact with HR managers, directors and vice presidents who can alert lawyers to openings in the HR field or within their companies. In addition, many companies fold the in-house counsel role into the HR department or hire in-house legal counsel for general matters, eventually transitioning in-house counsel to an HR position. Inquiring about clients' staffing needs can lead to opportunities for entering the HR field, provided lawyers don't overtly solicit employment opportunities from their clients.

Why do lawyers work in HR?

Because much of HR work is predicated on understanding and interpreting laws concerning employer and employee rights, a lawyer is likely to expand his focus from providing legal advice to advising employers in an HR career .

Why do lawyers join HR associations?

Joining HR professional associations helps lawyers build valuable networks in the field, many of which can lead to job prospects. Attending both social events and professional conferences and seminars provides an opportunity to learn more about the HR field while cultivating relationships with HR practitioners. In time, lawyers with expertise in employment and labor law matters may be able to volunteer for conference facilitator roles or receive pay for putting on seminars within their areas of focus.

What laws should lawyers understand?

In addition, lawyers should also highlight their background and legal training in understanding and interpreting laws most relevant to employers, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act and the Equal Pay Act.

What is human resources job?

Based on their ability to read, comprehend and interpret laws, lawyers are often considered knowledgeable about topics they may not specialize in. Human resources, then, should be an easy field for a lawyer to enter.

Should a lawyer revise her resume?

A lawyer planning to enter the HR field should revise her resume. Showcasing her skills with employment regulations, labor law, interaction with HR clients and experience representing the interests of companies and employers demonstrates that a lawyer can add value to an organization in an HR role. Key concepts and areas ...

What is online JD?

Whether you want to start a new career or set your eyes on a big promotion, an online JD program can help. Students maintain their existing schedule while gaining speaking, writing, and critical thinking skills required to navigate complex legal problems between employees and employers.

What is HR department?

The HR department plays a significant role in corporate culture. Plus, in-house legal teams affect nearly every aspect of a company. With a law degree, you’re expected to provide information relating to legal outcomes and guide decision making by connecting the law to corporate values.

What is the fast pivot to remote and hybrid workforces?

The fast pivot to remote and hybrid workforces means there’s a lot to learn about hiring, retaining, and managing a diverse, off-premise staff. Your company may be considering the use of independent contractors or hiring international talent.

What is a law degree?

A law degree provides the fundamentals of legal knowledge that you can use to make decisions and guide decision-making at your company. You can apply your understanding of legally defensible policies and procedures to employee hiring and recruitment, benefits and compensation, and organizational training and development.

What is a JD degree in HR?

Although HR managers are well-versed in employment law, a JD degree expands your knowledge and builds your critical thinking skills. Legal courses teach you how to analyze the impacts of HR-related laws, and act on changes to rules and regulations as they come along.

Why is HR important?

The reality is that HR performs a vital role in helping the employer ensure compliance with workplace regulations applicable to the business. If you are a business owner or manager, it is important to understand that a well-run HR department can help avoid risk and possibly even prevent legal action from being taken against the business.

What is HR responsible for?

HR is usually responsible for handling complaints about employee relations (e.g. , sexual or racial harassment) and ADA accommodation requests (e. g., a special keyboard or computer screen for a partially disabled employee).

What is FMLA in medical terms?

If an employee has to take an extended leave from the company to cope with serious medical issues or care of a seriously ill family member, the Family and Medical Leave Act (FMLA) outlines the rights and responsibilities of both the employer and the employee.

What is the Equal Pay Act?

Compliance with Laws Governing Wages and Benefits – Another important law for HR professionals is The Equal Pay Act of 1963, which outlaws pay discrepancies for male and female employees who perform “substantially equal work.”.

What should HR do during the hiring process?

Compliance with Hiring Regulations – The HR team should do everything possible to prevent violations of federal law during the hiring process, including at application, at the interview, and, when applicable, during testing.

Which act forbids discrimination on the basis of race, sex, religion, or national origin?

This requires thorough knowledge of Title VII of the Civil Rights Act of 1964 (Title VII), which forbids employment discrimination on the basis of race, sex, religion, or national origin.

What do you sign at a disciplinary meeting?

To attend a disciplinary meeting (take good notes, don’t sign anything except a form acknowledging receipt of the discipline , and sign “as to receipt only, rebuttal to follow); To sign documents you understand, like applications, insurance forms, and tax documents.

What to do if you are thinking about filing a lawsuit?

If you’re thinking about filing suit, you probably want to speak to a lawyer. Confusing claims: There are some employment laws on the books that you might not be aware of, so you might have a case you don’t know about. And there are some laws you think exist, that don’t.

When a work situation has reached a level where initiating an agency complaint or process is being considered, should an

When a work situation has reached a level where initiating an agency complaint or process is being considered, an employee should approach the decision as objectively as possible, despite the fact that at such a point the situation likely is very emotionally charged.

Who should be the sounding board for an employee?

It could be a spouse or partner, a good friend, shop steward, or even a counselor in an employee assistance program (EAP).

Do employers take terminations seriously?

Being taken seriously: Some employers don’t take you seriously unless you have representation.

What is the importance of legal counsel and human resources?

The leadership and expertise provided by legal counsel and human resources are essential for the success of our organizations. Creating an open, honest, collegial relationship between the two oces is of the utmost importance. Here are some tips on how the two oces can form a solid working relationship.

What is the relationship between human resources and institutional counsel?

working relationship between institutional counsel and human resources is a critical one. Both oces have a charge to guide campus practices and make decisions to protect the legal, financial and reputational interests of the university. Counsel’s role is to provide proactive professional advice on critical strategic and legal issues and to support the institution with legal guidance. Human resources does the same thing through business practices and processes, effectuating an inclusive, collaborative, safe, legal and ecient working environment.

Why is it important to align human resources and legal counsel?

Alignment of human resources and legal counsel is vital to protect the interests of the institution and to ensure a collegial, collaborative working relationship. Each oce should take care to create a working relationship based on clear expectations, mutual respect and trust. HR and legal counsel should be knowledgeable of, and have genuine respect for, each other’s profession. They should understand the workings and operations of the “business” of the institution as well as each functional oce and respect each other’s role, work demands and schedule. HR professionals should understand how lawyers are trained and the skill set and perspective they bring to the