Finding the Perfect Human Resources Law Firm: A Complete Guide

Overview of Human Resources Law

Human resources law is a highly specialized subset of corporate law and covers a wide range of issues important to the success of si, small-, and medium-sized businesses. HR attorneys advise business owners on how to legally and ethically maintain the employer-employee relationship in a manner that protects not only the employees themselves but the business as well. An HR law firm will guide a company through the complex and ever-changing legal landscape of employment and employment-related activities.
For the past few decades, employment law has expanded and deepened. New federal and state statutes and regulations have been enacted and new interpretations have been made of existing laws by government agencies and the courts. Today, almost all companies with employees must simultaneously comply with a myriad of overlapping federal, state and local laws.
While many believe that equal opportunity and fair workplace policies have existed for decades, it’s actually been a relatively recent phenomenon in the history of American business and society. Only within the last 50 years or so have laws and regulations concerning sexual harassment, the equal treatment of women, and persons with disabilities evolved .
Despite that limited history, an entire vocabulary of legal terms has developed to describe the rights of employees. Now when a business does anything involving employees, such as posting job openings, advertising, interviewing, hiring, evaluating performance, and terminating employment, the procedures and actions are fraught with potentially serious legal pitfalls. Moreover, each year new requirements are imposed on employers. Making mistakes in handling these processes can expose employers to expensive lawsuits.
Businesses today must be well informed not only about their rights as employers and how to avoid litigation, but also about the rights of their employees, the job protections that they have the laws afford them, and the benefits that accrue to them as workers.
Human resources law encompasses a variety of vital issues for employers, including:
Hiring Practices
Discrimination Avoidance
Disciplinary Policy
Workplace Policy Formation
Undue Dismissal and Layoff
Sexual Harassment
Employee Rights
Traveling and Living Expense Issues
Family and Medical Leave Act (FMLA)
Workers Compensation Claims

HR Law Firm Services

When determining what human resources law firm is right for an organization, it is imperative to have an in depth understanding of the services offered by these firms. While most HR law firms will have their own individual specialties, most have several common areas of service that they offer. These areas of service can oftentimes be broken down into four categories: legal compliance, employee relations, labor disputes, and policy development.
Legal Compliance
Legal compliance involves ensuring that the company’s practices and procedures are in accordance with federal, state and local laws and regulations. This area of service encompasses all employee-related issues and follows a very straightforward approach. The HR law firm can draft and review the company’s policies and procedures to make sure no policies are illegal and all policies are clearly communicated to employees. This is a very valuable service because if an employee files an employment-related claim against the company, having the appropriate policies and procedures in place ensures that the company can properly defend any legal claim.
Employee Relations
Employee relations for HR law firms typically involves the law firm overseeing the handling of employee related issues. For example, if the employer needs assistance in the proper methods to discipline an employee or complainant, the HR law firm is there to advise the employer on the best way to administer its disciplinary action and help prepare letters of warning and suspension (if necessary). Additionally, if the employer needs advice as to how to best resolve a dispute between employees and/or management, the HR law firm is there to provide its legal expertise and advise the client on how to best resolve the issues.
Labor Disputes
Many companies experience situations where there is a dispute between employees and management. This area of service is somewhat similar to employee relations, except employee relations usually involve a lower level of dispute while labor disputes typically involve more serious disputes that have reached a level requiring legal action. Labor disputes also include situations where there is an issue between a labor union and the employer. This encompasses negotiating union contracts, grievances and arbitrating labor disputes.
Policy Development
This area of service usually involves the HR law firm drafting and developing policies and procedures for the employer. This includes hiring procedures, employee handbooks, and employee job descriptions. Having these items drafted by an attorney is very critical as by drafting these documents and talking through the process with the employer, the company ensures its policies comply with all applicable state and federal laws.

Selecting a Human Resources Law Firm

Choosing the right HR law firm is crucial for business owners when their company is facing potential legal issues. This part of the process can be quite overwhelming, and you may not know where to start your search or even what you should look for in a business attorney in the first place. First and foremost, you should seek out a firm that specializes in employment and labor law.
Here are criteria you should keep in mind when searching for business attorneys:
Has the attorney helped other businesses resolve similar issues?
Not all employers face the same types of HR issues, so you need an attorney who has experience defending clients with unique concerns. If you or another business you own have faced a similar situation, you should ask if the attorney can provide examples of how they helped clients on similar issues.
Does the attorney provide personalized attention?
It is a good sign when a firm can make time to offer an in-depth review of your case. This demonstrates that the firm has experience with your type of impending legal matter and allows you to gain relevant feedback on your potential case. It is also important to familiarize yourself with your attorney’s legal style so you can build a solid working relationship with them. This may be challenging when the attorney intends to delegate your case to a junior associate at their firm.
Does the attorney have a strong reputation?
It is easy to find reviews of employment law firms both online and within your network. You can also explore the attorney’s professional background online or through trusted publications. Speaking with other business owners who have used their services could also help you verify whether this firm is the best fit for you.
Is the firm an industry specialist?
Some HR law firms have strong reputations for helping particular types of businesses. A firm that specializes in helping small-business owners may not be the right fit for a Fortune 500 company, for example, as well as a firm that focuses largely on helping specialty businesses. Be sure to ask about the firm’s experience.

Advantages of Working with a Human Resources Law Firm

For those businesses that are willing and able to outsource HR functions, there are significant advantages to partnering with a human resources law firm. A human resources law firm can help your company mitigate risk by ensuring compliance with a complex and convoluted set of state and federal laws. Specialized firms use their expertise to help you build an effective human resources strategy that aligns with industry best practices, while eliminating liability when it comes to discrimination, overtime, harassment , and other issues related to the employer-employee relationship. Having an advisor on speed dial who understands both your industry and the law can be invaluable. A human resources law firm specializes in employment law and can advise your company on best practices when it comes to hiring and firing, overtime, workplace discrimination, and other issues that crop up in businesses from Silicon Valley to Bloomfield Hills. When you partner with a human resources law firm, you will get tailored policies for your company, which gives you clarity and confidence to address all kinds of workplace issues. A professional will help you navigate workplace issues, before they spiral out of control.

New Developments in Human Resources Law

Change isn’t just the way of the world for business. The field of human resources law is constantly shifting as the needs of businesses and employees evolve and societal priorities shift. From redefining traditional notions of employment to dealing with novel technologies, employers are faced with new challenges on a regular basis. Knowing what trends to keep an eye on can help employers stay one step ahead of the competition. One emerging trend affecting employers big and small is the increase in remote work opportunities. While working from home was previously considered a perk, technological advancements have made it easier for companies to work with independent contractors or employees in a remote capacity. However, some of the same concerns that occur in a traditional office setting can carry through to a remote environment, and tech companies are leading the way in finding new solutions. For example, tech giant Dell Technologies has introduced AI tools to help monitor its remote employees’ productivity and gain insight into their work-life balance. Of course, any new tools an employer uses come with their own risks and legal concerns, so it’s important to work with a qualified human resources law firm to determine what’s best for you and your workforce. Diversity and inclusion initiatives are also becoming more popular as an increasing number of states have enacted laws restricting an employer’s ability to ask about prior salary history on applications. While asking about salary history has long been an accepted practice, it has become harder for employers to determine their employees’ salaries without it. As a result, many companies have had to get creative when it comes to keeping track of salaries, including surveys of anonymous employees and self-reported data from managers. Technology not only opens doors with regard to employee productivity and different ways to incentivize employees, but it’s also revolutionizing the way employers stay on top of compliance with HR laws. Employers aren’t just using technology to help them proactively monitor compliance — they’re also using it to predict potential costs. As the future unfolds, we look forward to seeing even more innovations in this arena.

Examples of Successful Collaborations with HR Law Firms

The following scenarios describe how well-suited HR law firms have helped their clients resolve common employment and HR related issues.
The Add1: Partnership with an HR Law Firm Prevents Wage Theft Class Action
Acme Company, a small construction firm, was sued in a class action for unpaid overtime wages under California law. Bruce, the President of Acme Company was shocked to learn that his company may face a multi-million-dollar class action lawsuit.
Solutions Provided
Acme Company was referred to Scott Pettis who specializes in representing businesses in wage and hour class action disputes. According to Scott, the most important "do" in this case was to immediately retain experienced employment counsel like Scott who has significant experience defending wage and hour class actions.
Scott’s law firm helped Acme Company negotiate a settlement that limited its liability to a fraction of the potential claim exposure and obtained an award of its attorneys’ fees and costs.
The Result
Acme Company’s owners were able to control the potential risk of liability and avoided an employer’s worse nightmare of having to spend years facing a potential multi-millionaire dollar class action judgment. For Acme Company , this "do" meant doing business with a reliable and qualified HR law firm.
The Add2: How an HR Law Firm Ensures That a New Company is Compliant Despite Outdated Employee Handbooks
Employee handbooks are not just formalities for HR professionals. They can help you avoid headaches down the road. In fact, a recent client, Fred Co., a growing technology company, fell under fire for not having an up-to-date employee handbook. The company’s handbooks were outdated and did not include any language addressing paid sick leave for employers in California because they were drafted 4 years ago. The company faced administrative penalties because they failed to provide their employees with sick leave as required by California law.
Solutions Provided
Knowing that failure to provide mandatory sick leave may not be the only problem for Fred Co., the company sought the help of a law firm specializing in human resources employment law and litigation. Specifically, the law firm reviewed Fred Co.’s employee handbook and expanded the handbook to cover several topics, including the following:
The Result
By working with the HR law firm, Fred Co. received a "top shelf" handbook tailored to its employees. Additionally, the new handbook includes important policies that keep the company compliant with California laws.