Our Services
Is there a way for California businesses to limit, or even eliminate, legal exposure in the workplace? The answer is, YES!
Our HR Compliance Messaging Solution:
- Promptly detects and resolves workplace issues.
- Ensures that your business remains in compliance with local, state and federal laws.
- Protects your business by generating legitimate, supportive evidence on a regular basis.
- Pro-actively engages employees with open lines of communications.
- Increases workplace morale.
Open Lines of Communications With Your Employees:
At Proactive HR, we believe that good, ongoing communications are essential to building and maintaining valuable workplace relationships. Frequent communications with employees provide ample opportunities to convey thoughts, ideas and opinions about the workplace. Our “pro-active” HR solution empowers employees to voice their ideas and opinions to spawn positive change in the workplace.
HR Compliance Messages—“Attestation”:
Proactive HR “pro-actively” and regularly communicates with your employees to obtain accurate and honest responses related to your workplace. This type of communication is often called “attestation”. For years, some large California businesses have enjoyed the benefits of “attestation”.
For years, these large businesses have used some form of “attestation” to promptly detect and resolve workplace issues.
At Proactive HR, we are dedicated to bring the most advanced “attestation” capabilities to businesses of all sizes, big and small.
Proactive HR has taken “attestation” to a whole new level! Proactive HR’s pro-active and digital “attestation” messages are customized based on your company’s unique set of policies and practices and they embrace varying employment classifications and employee job functions. More importantly, Proactive HR’s “attestation” messages help safeguard against the most highly litigated Employment Law issues in California. Our HR Compliance Messages request that your employees “attest” to the existence, or non-existence, of workplace issues including, but not limited to, the following:
- Meal and rest breaks
- Full compensation of wages and/or reimbursements
- Unlawful harassment, discrimination or retaliation
- Workplace injuries, disabilities, serious health conditions
- Safety issues or concerns
Your employees know, firsthand, whether the above workplace issues exist. In fact, many employees are highly knowledgeable about California employment laws (See “Employment Litigation in California is Rampant” section below). It is important to: a) listen to your employees, b) learn from your employees, and 3) promptly resolve issues raised by your employees before they become a significant problem. Let your employees help you “pro-actively” build and maintain transparent and compliant business practices through “attestation”.
It is Essential to Detect Workplace Issues Early!
Most employers are “reactive” to employment related claims. Employers typically do not become aware of workplace issues until after they receive an employee complaint or attorney letter. By the time your business “reacts” to a workplace issue, the issue may have already spiraled out of control thereby eliminating the capability of obtaining an amicable resolution. Moreover, many workplace issues (i.e. wage issues, harassment, safety issues, etc.) may continue unnoticed for an extensive period of time thereby creating ongoing and increasing legal exposure. A good, “pro-active” HR solution can mitigate legal exposure by actively and promptly obtaining information from employees so that you can promptly resolve the workplace issues as they arise.
Communications Made Easier:
With our advanced e-signature software, obtaining responses from employees is quick and easy. Employees only need to:
- Open their email
- Review a customized HR Compliance Message,
- Digitally complete predesignated “fields” on the message by following simple instructions, and
- Submit their responses with a click of a button on a computer, tablet or cell phone.
The e-signature software authenticates signor ID by collecting IP address information and through geotracking capabilities
“Pro-active” Communications:
Our “pro-active” HR solution utilizes advanced digital technology. Although it is important to maintain human interaction when handling HR issues, the existence of digital technology can ensure that your company “pro-actively” and promptly detects workplace issues. Employers no longer need to wait to learn about compliance issues. By “pro-actively” engaging with employees to learn about workplace issues, your company can detect and resolve workplace issues immediately.
Communication Storage:
All e-signature communications, including employee responses, are digitally stored and maintained in a computer database.
Should a conflict arise between an employer and an employee, the stored responses become important tools to protect your business. For instance, if an employee responds to HR Compliance Messages by stating that no compliance issue exist and the employee later claims that he/she experienced workplace compliance issues, the stored employee responses can be used to support that the workplace issues did not exist (See “Sample Workplace Issue” section below).
Sample Workplace Issue- Rest Breaks:
Rest break claims against employers are widespread. In the past, employers have been unable to adequately refute rest break claims (and other claims) because employers typically do not maintain adequate records relating to rest breaks. Our HR Compliance Message can request that an employee either “agree” or “disagree” that they took all of their rest breaks during a specified time period.
- If the employee states “I agree”, such response tends to support that the employee took compliant rest breaks during that time period. Importantly, it would be difficult for the employee to later raise a legitimate claim of rest break violations.
- If the employee states “I disagree”, the employer can promptly resolve the rest break issue(s). Thereafter, Proactive HR will send follow-up HR Compliance Messages to ensure that the employee is taking all rest breaks.
Employment Litigation in California is Rampant:
There are many factors that have led to a perfect storm of litigation relating to California Employment Law claims.
- More than ever, employees know their legal rights and understand how easy it is to obtain legal counsel and file employment claims. Many employees have learned that delaying resolution may increase penalties.
- California businesses must be represented by an attorney in a Court of limited and unlimited jurisdiction claims. For many businesses, litigation costs and attorney fees are too expensive. Moreover, litigation can be very time consuming and can take an emotional toll on employers and employees alike. The goal of our HR solution is to avoid legal issues, claims and litigation by resolving workplace issues at their inception and thereafter obtaining legitimate evidence to refute such claims.
- Employers often do not possess adequate evidence to refute employment claims. At best, employers maintain timekeeping records and paystubs to defend against wage and hour claims. This is often not enough. The evidence we generate creates a compliance paper trail which may help employers stave off legal claims.
- Plaintiff law firms bundle baseless claims with legitimate claims. If you possess good evidence, you can promptly rid yourself of the baseless claims.
Stop the Statute of Limitations:
The Statute of Limitations (“SOL”) is a time period to file a legal claim. Our HR solutions aim at stopping the continuation of legal issues so that the SOL can cleanse legal claims.
Invest in Your Company:
Our HR solution is a business investment designed to protect your company. Stop workplace issues at their inception, before your employees seek the advice of legal counsel. Moreover, help stop expensive litigation by generating documented evidence of compliance.
Stop Class and Representative Claims:
In California, it is very common for plaintiff law firms to file class and representative claims. As our HR solution is intended to proactively detect and resolve legal issues for each and every employee, it may be difficult for plaintiff attorneys to legitimately argue that there exist multiple, similarly situated, aggrieved employees. Eliminate the threat for very expensive class and representative claims.