HR White Papers

White Papers from leading HR experts provide great insight and research on timely relevant HR topics.

Initial Estate Planning Considerations for Dual Residents

September 2, 2020

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.

Spurred by COVID-19 Emergency, IRS Issues Cafeteria Plan Relief

August 26, 2020

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.

Cannabis and CBD Companies Subject to Increased Prop 65 Exposure

August 19, 2020

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.

How to Build a Construction Company That Can Grow Without You

July 29, 2020

Learn how to assess your strengths and weaknesses. There are many ways that construction contractors keep track of their projects, meetings and tasks, day in and day out. But are the processes that are being used to stay on top of all of the projects and meetings and tasks being improved upon on a regular basis? Successful contractors improve processes all year long and their construction companies benefit as a result. This white paper reviews some important questions to consider in order to see how you can improve your plans and process and help your company grow and evolve.

Status Classification: Computer Professional, Outside Salesperson & Other Exemptions & Exclusions

July 29, 2020

Avoid misclassification lawsuits by understanding these different exemptions professions. As the United States economy evolved and became more technologically oriented, a greater number of professional and specialized workers became focused on computers and computer programming. Although these employees were provided with the discretion and flexibility indicative of a professional, they often did not satisfy the other duties requirements for administrative employees or learned and artistic professionals. Congress and USDOL thus created a computer professional exemption to cover these workers. The computer professional exemption includes both a duties requirement and a compensation requirement. This white paper reviews this exemption and also discusses the outside salesperson exemption, the retail sales and service establishment exemption, seasonal amusement and recreational establishment exemption, motor carrier act exemption, as well as several other exemptions and covers how to assure that these classifications are accurate.

Income Statement Analysis

July 22, 2020

Gain an understanding of the basics of how an income statement is structured. The income statement shows the amount of sales/revenues generated and cost/expenses incurred. The bottom line of an income statement indicates whether the entity earned a profit or incurred a loss. Unlike a balance sheet, which captures the value of assets, liabilities and net worth at a specific point in time, the income statement captures activity over a period of time. This white paper reviews how an income statement is structured and gives a description of each piece of what makes up the income statement.

How to Use Your Whole Brain to Make Your Dreams Come True

June 10, 2020

You can see the future, now make a plan to get there. Your brain has a left side and a right side. Usually each side has their own set of capabilities. The right side is more creative, and the left side is more practical. Budding right-brain entrepreneurs may find themselves with a clear vision of the future but have no real idea of how to get there; whereas the left-brain entrepreneurs have strong business skills but can’t see the bigger picture. Increasing the capacity both sides of the brain can lead to greater success. This white paper offers some tips to use the natural power of both sides of your brain.

The Owner-Contractor Agreement: Termination and Suspension

June 10, 2020

Become familiar with how termination and suspension of projects fit in the AIA owner-contractor agreement. Termination is a draconian remedy for any party because the damages “boomerang” upon the party who is legally wrong after it is all sorted out. Because of the risk, lawyers typically bend over backwards to avoid a termination. Often there is a rush to judgment. Care must be taken before a termination is executed. This white paper reviews termination for cause and suspension of work, including damages for contractor’s and owner’s termination.

Attempts to End Qualified Immunity

June 10, 2020

Review this front burner topic under Section 1983. The qualified immunity defense is under attack from the left and the right. In articles, symposia, and amicus briefs, liberal law professors, the ACLU, plaintiffs’ public interest law groups, and even the libertarian Cato Institute, have identified perceived deficiencies in the defense and called for its elimination. This white paper reviews recent case law involving this topic and the outcomes.

How to Have Effective Communication About Billing and Receivables

June 3, 2020

Don't be afraid to communicate. Effective communication is important in everything, but in matters of money and health matters, it is vital that you are clear. When having meetings with providers about money matters, there are a few things to keep in mind. This white paper reviews three tips to keep communication clear.