Human capital management refers to the process of planning and administering an enterprise’s relationships with its extended workforce. Human capital converts capital investment into intellectual capital, brand value and sustainable operations.
Bierce & Kenerson, P.C. supports human capital management through the traditional employment law as well as the law governing independent contractors and outsourcing service providers.
For the employment relationship, we assist employers in developing and managing the framework for employment. This involves forms for offers of employment, employment agreements, incentive compensation, stock option plans and employee manuals. We also work in tandem with specialists in employee benefits for retirement planning and employment litigators.
For contractor and outsourcing relationships, we focus on structuring business relationships and relationship governance to avoid or mitigate the consequences of co-employment and apparent authority. This requires defining and reviewing necessary employment relationships through an enterprise’s supply chain.
Across all forms of human capital management, we focus on harnessing and preserving the value created by people. This focus includes attention to intellectual property rights, trade secrets, reasonable competitive restraints, project and program governance and scenario-predictable changes in the status of an individual across the life cycle of the individual’s relationship with the employer, contractor or outsourcer.
We assist employers in HR operations such as employment contracts and policies and HR administration processes.
Human Capital Development
- Immigration (in collaboration)
- Governance and policies
- Incentive compensation: equity options (corporations, LLC’s, etc.), stock appreciation rights, performance-based compensation
- Life cycle management
Human Capital Services
- Recruitment process
- Payroll process
- Executive compensation
- Benefits administration
Entrepreneurship Life Cycle
- Trade secret and intellectual property rights
- Contracting for services of independent contractors
Independent contractor vs. employee status: FLSA, IRC, patient protection, HIPAA, ADEA, UE, W/E
- Brand development and management
- Venture finance
- Alliances: joint ventures, licensing, teaming