HR White Papers
White Papers from leading HR experts provide great insight and research on timely relevant HR topics.
Force majeure clauses – does your agreement need one? Parties should not assume that they always need a force majeure clause. Sometimes, these clauses don’t add anything to what the law already provides, and they can actually take away rights that parties get automatically. Without such a clause, contracting parties automatically get the benefit of two related gap-filler doctrines that can excuse a party's obligations when an unanticipated, supervening event fundamentally alters the nature of the parties' contract: impossibility, or as it is commonly called nowadays, impracticability, and frustration of purpose. This white paper reviews gap-filler doctrines and discusses tips for drafting force majeure clauses.
Learn six areas that an organization must review to create the foundation that protects it from financial hardship. There will always be recurring issues that can affect a business and the recent pandemic and political disagreements have definitely been part of those issues. There also are issues that affect business each day that individuals and even business owners are not discussing and even dismissing. This white paper reviews these issues that can impact the financial health of any organization.
Learn rules for credibility. There are many accreditations and different degrees of education necessary for insurance entrepreneurs and business owners, however one thing that is often not thoroughly taught is business development. This white paper reviews the importance of creating distinction in your business which can build a better company and a better future for you.
Make sure that you aren’t managing a telecommuting program in a discriminatory manner. Any telecommuting plan or arrangement must be carried out without discrimination on the basis of race, sex, national origin, color, religion or other prohibited basis. While this may seem obvious, some employers have implemented telecommuting arrangements which clearly had either a disparate impact on female employees or resulted in disparate treatment of female employees. This white paper reviews cases where this occurred and discusses other areas of concern relating to telecommuting and cross-border issues.
Learn why restructuring doesn't solve the problem. For many companies, silos are an ever-present dilemma. And the larger and more complex the company is the more the silos tend to be focused on their own goals and priorities. They can close off cross-functional communications and cooperation, stockpile resources for themselves, and at times can be inflexible in meeting requirements of the modern organization. This white paper reviews why breaking down these ineffective silos must become a priority.
What Is Title Insurance? Title insurance is a contract of indemnity that obligates the title insurer to pay loss as defined by the policy. Case law has also deemed title insurance as used to “indemnify the insured for impairment of its interest due to failure of title as guaranteed in the title insurance report." This white paper reviews what title insurance is, what type of risks does the policy indemnify or protect and discusses negotiation of risks that are known vs. assumption of risks unknown.
Don't take your customers for granted. Interesting when the economy does well how customers can be taken for granted with so many customers to choose from, organizations quickly forget those that placed them in their current state - customers. Ironically, the cost of acquisition to keep a client is less costly than trying to find a new one. This white paper discusses how delivering an experience that is satisfying to customers drives both repeat visits and improved profitability.
Understand the issues that dual resident clients are faced with during the estate planning process. Once it is determined that the client is a dual resident, the next step is to understand that the legal systems in which the dual resident’s heirs reside and/or the assets are located may have restrictions, or control over asset disposition or trust recognition, that can cause even a basic estate plan and the achievement of its essential goals to become totally ineffective. A basic U.S. estate plan is generally centered around two estate planning documents: a last will and testament and a revocable trust. This white paper reviews these documents and the options within those documents and discusses how to determine governing law that governs the property involved.
Learn about the guidance that offers relief for cafeteria plans. The pandemic relief for employee benefit cafeteria plans finally arrived. The IRS issues guidance for relief from the normally strict employee benefit cafeteria plan mid-year election changes rules. This guidance provides participants in cafeteria plan with additional flexibility to make mid-year election changes as needed due to the COVID-19 pandemic. This white paper reviews this guidance as well as the additional non-COVID-19–related adjustments.
What is Prop 65 and what does it require? Cannabis and CBD companies must get ready for elevated liability risk due to California’s Proposition 65 statute. THC has been included on the list of chemicals for which Prop 65 warnings are necessary. The Prop 65 statute has identified THC as one of the chemicals that bring about reproductive harm. As no safe harbor level has yet been recognized, that means any amount of THC in a product sold in California requires a compliant Prop 65 warning. This white paper discusses why companies that work with cannabis or CBD should begin plans to alleviate their risk under Prop 65 as the rule becomes effective January 3, 2021.