HR and Employment

PDH Counseling on HR and Employment Law Compliance.

Did you know there are more than 15 separate and distinct federal statutes (with thousands of pages of corresponding regulations and case decisions) that may apply to your company's work force? Fortunately not every one of these statutes applies to those companies with smaller work forces. But, for each federal statute there are likely state counterparts. This means that if you have a work force in two states you might need to be in compliance with as many as 45 federal and state statutes. If an employer does not comply with these federal and state requirements, it risks significant liability.

Since 1987, PDH has been providing its clients with the need-to-know information that enables them to effectively comply with state and federal employment law, but also allows them to improve the management and performance of their most important resource--their employees. We counsel our clients on proactive measures from the start until the end of the employment relationship. We thereby minimize the likelihood of our clients having to ultimately pay damages and expend unnecessary legal fees on account of employment litigation. But most importantly we find that companies that maintain smart and detailed, but not overbearing and burdensome, practices and procedures, find it more easily to hire, promote and retain productive employees.

PDH Provides Traditional Employment Law Services for its Clients.

While PDH provides services, forms and counseling on HR and Employment Law Compliance and Best Practices, we routinely provide counsel on the following more traditional employment law transactional matters:

  • Employment Agreements
  • Independent Contractor Agreements
  • Non-Competition and Non-Solicitation Agreements
  • Confidentiality and Non-Disclosure Agreements
  • Separation of Employment Agreements
  • Executive and Management Compensation Plans and Programs
  • Company Bonus and Profit Sharing Agreements
  • Long-Term Equity and/or Stock Option Plans

HR and Employment Law Compliance and Best Practices. 

As HR and Employment Law Compliance has become far more difficult for growing businesses, our firm has developed a systematic and structured program offering services, forms and counseling employers regularly find necessary. With our HR and Employment Law Compliance program, we provide services in the following areas:

  • Employment Handbooks
  • Employer Policies Manuals
  • Employee Recruiting
  • Job Descriptions
  • Background Checks/New Hire Practices
  • Drug Testing and Substance Abuse Practices and Policies
  • Employee Performance Management
  • Employee and Internal Investigations
  • Disciplinary and Termination Practices and Policies
  • Separations of Employment
  • Wage and Hour Compliance
  • Advisory Services to Senior Management
  • Immigration Compliance and I-9 Audits
  • Privacy, Social Media and Information Management
  • Disability, Leave and Health Management
  • Affirmative Action and OFCCP Planning and Counseling
  • Sexual Harassment Practices and Procedures and Training

Our HR and Employment Law Compliance and Best Practices services are offered through our firm's R U Compliant program. Through this program, we (1) provide a limited initial review and assessment at no charge; (2) audit a client's HR processes, procedures and policies as appropriate; (3) provide ongoing HR and Employment Law counseling and compliance services; and (4) where required, offer shared HR director services for firm clients.

For more information, read "Why R U Compliant—HR and Employment Law Compliance and Best Practices Program Works Better than Hiring HR Consulting Services."

Employment Litigation Services. 

If the need arises we furthermore defend our clients against employee lawsuits and claims by various governmental agencies. Examples of our employment litigation services include claims of wrongful termination by way of contract or otherwise, employment discrimination, workers’ compensation retaliation claims, sexual harassment, termination, defamation, whistle blower, and similar employee claims. Specific types of litigation matters that we routinely defend include:

  • Defending claims asserted under Employment Agreements 
  • Defending Texas Pay Day Act claims 
  • Lawsuits Based Upon the Civil Rights Acts of 1964 and 1991 
  • Age Discrimination cases 
  • Title VII Cases based on race, sex and religion 
  • The Fair Labor Standards Act 
  • Section 451 of the Texas Labor Code (Retaliation for Filing Workers’ Compensation Claims) 
  • Non-subscriber defense cases 

For more information, read "Employment Practices Liability Insurance—Buyer Beware."

Protection of Company Trade Secrets and Proprietary Information Services. 

We regularly advise our clients how to protect their goodwill and intellectual property – often their most valuable asset – through use of non-compete, non-circumvention and confidentially agreements. Training and sharing information with key employees empowers them to work productively, but it also risks the loss of goodwill and perhaps the intellectual property of the client should the key employee leave, moonlight, etc. We also help our clients offer stock options, complex vesting requirements, phantom stock programs and similar measures designed to motivate key employees and to deter their defection to competitors.

Litigation on Behalf of Company Executives. 

On occasion we find ourselves representing an executive or officer against non-client employers who violate an employee's contractual and/or statutory rights. Our firm’s employee plaintiff work usually focuses on disputes over executive compensation arrangements, employee stock options, employee ownership interests in the employer, earn outs and the sale/merger of business assets. We routinely handle such disputes on a contingency fee basis. We also find that being on both the plaintiff and defense side of employment disputes sharpens our focus and planning expertise when we advise our business clients on employment matters.

PDH HR and Employment Services Business Alliances. 

PDH does not undertake traditional clerical and administrative commodity type HR services as these are usually handled by a client staff member, a payroll service, or a benefits administrative vendor.

For those of our clients who utilize Paychex for payroll processing or other services, our R U Compliant—HR and Employment Law Compliance and Best Practices forms that are utilized by that client are available via web access on the Paychex website. [INSERT a link example]

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