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Human Resources Compliance: Opportunity for Innovation.
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About Me. Management-side Employment Attorney & HR Consultant Human Resources Officer for the U.S. Department of State in Jerusalem & Zambia Got the fancy letters Started tHRive Law & Consulting Adjunct Professor of HR Compliance at Mitchell Hamline Compliance doesn’t always mean no.
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Do RKHTTMY.
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Employment Laws Change… Often. Employment laws affect nearly everyone People feel strongly about them HR straddles both advocating for employees & representing management Pressure cooker in many instances.
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Employment Lawyers. Talk with our clients Write newsletters & blog posts Speak at conferences HR needs to know enough about what laws apply.
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Compliance…. Can be innovative Can enhance competitiveness Doesn’t have to break the bank Is a balancing act.
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Your Risk Tolerance. Where does your organization fall on the risk continuum Too much focus on compliance vs. organization’s mission, vision, people When you only do things “for compliance,” the organization fails.
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Business-Focused Compliance. If you believe that employment laws are best practices with teeth, then we can build a model of compliance built on business objectives For example, sick leave is a recruitment & retention issue Don’t offer sick leave, you won’t be an employer of choice Can’t afford to offer, talent will be different More likely to have multiple part-time employees Available talent may value other offerings, but retention will be an issue.
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Compliance Is Not A Tactic. Compliance is a strategy Taking a stand to do the right thing is profitable People want to buy & work for companies that do the right thing Compliance is ultimately a cost savings Insurance Litigation Compliance can get you business.
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Model of Compliance. Assessment O Identify Business Goals Make a Plan O Results & Observations O Implement the Plan Required Action Gaining Support Execution.
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Model of Compliance. Assessment How did you hear about the issue? What laws could be at play? What’s the threat level to the organization? Identify the business goal.
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Model of Compliance. Make a plan Who do you need to talk to? Individuals with knowledge Attorneys What policies, documents, or systems do you need to review? What analysis is needed? What resources are impacted? How long will the process take? Are there ethical issues to be concerned about?.
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Model of Compliance. Implement the plan Review documents Review paper Review technology Interview Evaluate tools What roadblocks do you run into? Have you veered off the goal(s)?.
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Implementation. Investigation logistics Where When Who What order Much of investigation is casting New policy Drafting Creating buy-in New Tech RFP Contract negotiation.
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Model of Compliance. Results & observations What have you found? What are the risks? How do the laws apply? What non-legal risks exist? Conduct cost/benefit analysis What have you done in the past? Do market forces impact your analysis? Align with overall business strategies? Required action.
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Model of Compliance. Gaining support Selling the need for the compliant solution Taking into account the different stakeholders Execute Go back & “check in” Is it working? Should there be tweaks based on law changes, different interpretations, or ineffectiveness?.
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HR compliance can be overwhelming Employers who understand that compliance is not just a cost of doing business but when viewed as a means of being a better employer, the easier compliance is Compliance can be innovative when we look at the business objective first HR doesn’t need to know all of the laws, but have a Spidey sense of when a law could apply.
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Questions?. Kate Bischoff (612) 361-7707 (320) 249-9269 @k8bischHRLaw [email protected] thrivelawconsulting.com mitchellhamline.edu/hr-compliance/.