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HR 101: Finding, Negotiating With & Retaining Potential Hires (Series: The Start-Up/Small Business Advisor)

HR 101: Finding, Negotiating With & Retaining Potential Hires (Series: The Start-Up/Small Business Advisor)

How does a company identify and attract talented individuals? What about recruiting and hiring? Training? Retention? Dealing with problem employees? These issues, of course, are not unique to startups, but do experience them somewhat differently than more mature companies.

This webinar focuses on talent acquisition and management in a startup environment, including how to negotiate employment or consulting agreements, granting options, and related agreements with potential hires. Appropriate for founders and their counsel alike, this webinar covers common legal pitfalls and how to avoid them.

To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/hr-101-negotiating-retaining-potential-hires-2019/

How does a company identify and attract talented individuals? What about recruiting and hiring? Training? Retention? Dealing with problem employees? These issues, of course, are not unique to startups, but do experience them somewhat differently than more mature companies.

This webinar focuses on talent acquisition and management in a startup environment, including how to negotiate employment or consulting agreements, granting options, and related agreements with potential hires. Appropriate for founders and their counsel alike, this webinar covers common legal pitfalls and how to avoid them.

To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/hr-101-negotiating-retaining-potential-hires-2019/

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HR 101: Finding, Negotiating With & Retaining Potential Hires (Series: The Start-Up/Small Business Advisor)

  1. 1. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe Insert the cover image for this webinar on this slide entirely 1
  2. 2. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe Practical and entertaining education for attorneys, accountants, business owners and executives, and investors. 2
  3. 3. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe DISCLAIMER The material in this webinar is for informational purposes only. It should not be considered legal, financial or other professional advice. You should consult with an attorney or other appropriate professional to determine what may be best for your individual needs. While Financial Poise™ takes reasonable steps to ensure the information it publishes is accurate, Financial Poise™ makes no guaranty in this regard. 3
  4. 4. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe MEET THE FACULTY Moderator: Chris Cahill – Lowis & Gellen LLC Panelists: Nick Petit – Vamonde Greg Grove – Much Shelist, P.C. Linda Zappulla – Workshops and the Work Stu Sklar – OTS Holdings 4
  5. 5. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe ABOUT THIS WEBINAR: HUMAN RESOURCES 101: FINDING, NEGOTIATING WITH & RETAINING POTENTIAL HIRES How does a company identify and attract talented individuals? What about recruiting and hiring? Training? Retention? Dealing with problem employees? These issues, of course, are not unique to startups, but do experience them somewhat differently than more mature companies. This webinar focuses on talent acquisition and management in a startup environment, including how to negotiate employment or consulting agreements, granting options, and related agreements with potential hires. Appropriate for founders and their counsel alike, this webinar covers common legal pitfalls and how to avoid them. 5
  6. 6. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe ABOUT THIS SERIES: THE START-UP / SMALL BUSINESS ADVISOR Most startups are not destined to become billion dollar unicorns. Most, in fact, will fail and most of those that survive will never be more than small businesses. Whether and to what extent a startup will be successful depends on many factors. One set of factors is the foundational pillars on which the company is built, and includes things such as the company’s capital structure, financial controls, human capital, market niche, and marketing functions. This series explores each of these topics, giving startups and their advisors useful tools and insight into how they can build a foundation for success. 6
  7. 7. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EPISODES IN THIS SERIES 1/22/19 Episode #1: The Very Basics - Forming the Business 2/19/19 Episode #2: Raising Capital: Negotiating with Potential Investors 3/19/19 Episode #3: HR-101: Finding, Negotiating With & Retaining Potential Hires 4/16/19 Episode #4: What Every Founder/Entrepreneur Must Know 7 Dates shown are premiere dates. All webinars will be available On Demand approximately 4 weeks after they premiere.
  8. 8. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe Episode #3: HR-101: Finding, Negotiating With & Retaining Potential Hires 8
  9. 9. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe GENERAL HR TIPS FOR STARTUPS a. Act as a leader b. Policies and training are just the start c. Create and communicate values d. Institutional values
  10. 10. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe LAWS & REGULATIONS (FEDERAL) a. Department of Labor i. Wages & Hours ii. Workplace Safety iii. Workers’ Compensation iv. Employee Benefits, etc.
  11. 11. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe TALENT ACQUISITION – RECRUITING a. Develop a recruiting plan b. Identify vacancy and evaluate needs c. Develop position description d. Advertise position
  12. 12. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe RECRUITING PLAN a. Talent sourcing strategy i. Internal or external candidates ii. If external, utilize third-party recruiters? b. Sourcing calendar (target dates) c. Posting & sourcing strategy d. Build talent community
  13. 13. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe TALENT ACQUISITION – HIRING a. Review applicants (develop a short list) b. Conduct interviews c. Select hire d. Begin negotiation employment
  14. 14. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EMPLOYMENT NEGOTIATIONS – TYPE OF EMPLOYMENT a. Status: Full Time v. Part Time b. Classification: Exempt v. Non-Exempt c. Independent Contractor
  15. 15. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EMPLOYMENT NEGOTIATIONS – TYPE OF EMPLOYMENT (cont’d) a. Exempt vs. Non-Exempt i. Employees typically fall under 1 of these 2 categories ii. The federal Fair Labor Standards Act (FLSA) requires that, in addition to paying at least the minimum wage employers also must pay overtime to employees who work more than 40 hours in a given workweek, unless they meet certain exceptions. iii. Non-exempt employees are entitled to overtime pay under the FLSA iv. Exempt employees are not entitled to overtime pay under the FLSA 1. Common exempt employees include: Executive, Professional, and Administrative employees v. Many states also have wage and hour laws that may have more requirements than FLSA
  16. 16. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EMPLOYMENT NEGOTIATIONS – TYPE OF EMPLOYMENT (cont’d) a. Full Time Employees vs. Independent Contractors b. Source: http://employment.findlaw.com/hiring- process/being-an-independent-contractor-vs- employee.html
  17. 17. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EMPLOYMENT NEGOTIATIONS – EMPLOYMENT AGREEMENT a. Noncompete b. Non-solicitation c. Confidentiality
  18. 18. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EMPLOYMENT NEGOTIATIONS – EMPLOYMENT AGREEMENT (cont’d) a. Noncompete Provisions i. Terms restricting an employee’s ability to work for competitors for a specified amount of time (sometimes within a specified geographic area) after an employee leaves a company. ii. Often used to protect trade secrets or goodwill iii. Enforceability 1. Often restricted or unenforceable under state law. 2. Each state has its own unique laws and rules about whether, when and to what extent a non-compete agreement is enforceable. 3. Reasonableness of non-compete restrictions are often the key to enforceability! Duration and scope must be reasonable.
  19. 19. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EMPLOYMENT NEGOTIATIONS – EMPLOYMENT AGREEMENT (cont’d) a. Non-Solicitation Provisions i. Terms restricting employee’s ability to solicit company’s clients or customers for employee’s own benefit or benefit of another employer after leaving company. ii. May also include agreement not to solicit other employees to leave when exiting employee leaves. iii. Often used in service or sales businesses iv. Enforceability 1. Again – know the law in your state! 2. Where enforceable, must be drafted so that it is not too difficult for employee to earn a living or unfairly limit a competitor’s ability to hire workers or attract new customers 3. Valid business reason should/must exist for enforcing non-solicitation provisions
  20. 20. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EMPLOYMENT NEGOTIATIONS – EMPLOYMENT AGREEMENT (cont’d) a. Confidentiality Provisions i. Agreement prohibiting employee from disclosing company’s confidential or proprietary information. ii. Often effective during an employee’s time with company, and lasting for a period of time after employee leaves (1-3 years is common).
  21. 21. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe TALENT MANAGEMENT
  22. 22. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe TALENT MANAGEMENT-EMPLOYEE HANDBOOKS a. The company’s vision and mission statements b. Policies regarding time off: vacation, personal, sick, FMLA c. Policies prohibiting harassment and discrimination (EEO) d. Policies outlining any formal disciplinary procedure e. Information regarding attendance expectations f. Acknowledgment
  23. 23. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe TALENT MANAGEMENT-EMPLOYEE HANDBOOKS (cont’d) a. Why is the company handbook important? i. Expectations Management ii. Risk Management b. Who drafts the handbook? i. Senior Management ii. Corporate Counsel
  24. 24. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe TALENT RETENTION a. Onboarding process b. Simple and clear measures and expectations c. Review early and often d. Partner training with specific initiatives e. Know your people!
  25. 25. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe TALENT RETENTION- TRAINING a. Materials b. Tour Guide c. Make Connections d. Provide Resources e. Be Available
  26. 26. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe OUTSOURCING HR a. Benefits i. Frees employer to concentrate on core competencies ii. Saves money iii. Improves compliance iv. Improves recruitment v. Provides access to latest tools and technology
  27. 27. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe HR & TECH a. The term “e-HR” describes the transformation of HR service delivery using web-based technology. Now HR professionals must not only master traditional HR skills and knowledge, but also have the ability to apply that knowledge via technology. b. Source: https://www.shrm.org/about/foundation/products/documents/hr%20tech%20epg- %20final.pdf
  28. 28. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe ABOUT THE FACULTY
  29. 29. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe CHRIS CAHILL – ccahill@lowis-gellen.com Mr. Cahill is Head of the Bankruptcy and Restructuring Practice Group at Lowis & Gellen LLP, in Chicago, Illinois. He guides secured lenders, creditors, debtors, creditors’ committees, potential purchasers and others through bankruptcy cases, out-of-court workouts, assignments for the benefit of creditors, and receiverships. Mr. Cahill has substantial mega-case experience representing very large debtors, and counsels and litigates on behalf of manufacturers and secured lenders in large and middle-market cases. Mr. Cahill also publishes frequently and speaks regularly on commercial insolvency issues. He is an executive editor of Commercial Bankruptcy Litigation, 2d Edition (Jonathan P. Friedland, Elizabeth Vandesteeg & Christopher M. Cahill eds., 2019) and is the host of Financial Poise Radio, a periodic broadcast for investors and other curious persons, on www.financialpoise.com. 2 9
  30. 30. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe GREG GROVE – ggrove@muchlaw.com Greg serves as the Chair of the firm’s Startups & Venture Capital practice, with a focus on business transactions and counseling. Greg also heads the firm’s Blockchain Technologies Team. Greg advises funds, strategic investors, boards of directors, management teams, underwriters, and private and public companies at all stages of development, from entrepreneurial to established. Greg draws on his training and experience as an electrical engineer when representing clients in technology-related areas such as the software, internet, application, blockchain, fintech, medical device, life sciences, real estate tech, communications and semiconductor industries. Further, Greg represents companies and investors in health care, entertainment and media, agriculture and retail and consumer products and services. 3 0
  31. 31. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe NICK PETIT - nick@vamonde.com Nick is an experienced entrepreneur and proven leader that couples business strategy and disciplined execution with enabling and emerging technologies. As CMO of VAMONDE, Nick inspires a multi-talented team leading growth and shaping the future or travel and cultural discovery. VAMONDE is a SaaS platform that is transforming how our most important cities and cultural institutions leverage new technology and rethink marketing. Nick is a growth-oriented executive delivering high-impact results across strategy, operations, and business development for technology and business services firms. He’s a 3X entrepreneur, Big 4 leader, innovation executive, part-time butcher, traveler, painter, and Peace Corps veteran. Nick serves on the board of directors for G-PAC – Gun Violence Prevention PAC. 3 1
  32. 32. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe STU SKLAR – ssklar@otsholdings.com Stu Sklar graduated from Rutgers College and University of Pennsylvania Law School. He has been practicing law for nearly 25 years. After his initial training with two of the largest law firms in the nation, he has been in house for the past 21 years, primarily in the staffing and professional services industries. As a corporate generalist, he has handled a wide variety of legal matters for his smaller to midsize clients including a significant focus on employment matters, commercial transactions, compliance and dispute resolution. He regularly advises on all aspects of the employment relationship including recruiting practices, employment agreements, employee relations, terminations and post-employment restrictive covenants. He lives and works in Cherry Hill, NJ, just outside of Philadelphia. 3 2
  33. 33. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe LINDA ZAPPULLA – linda.zappulla@gmail.com Linda Zappulla, Founder and Senior Consultant, Workshops and the Work. She has more than 25 years of marketing experience, working in and leading every marketing discipline for highly regarded consumer brands as well as start-up ventures. As founder and senior consultant with Workshops and the Work, she provides solutions to marketing needs of business, while teaching and mentoring their employees to enhance their marketing capabilities, and increase their engagement and retention. As Director of Brand Marketing at Payless ShoeSource, she provided cross-functional leadership, helping Payless deliver its new strategy to transition from a private label purveyor to become a House of Brands. Prior to joining Payless, Linda was Vice President of Marketing for Birch Telecom, a Kansas City based local telephone company. Prior to that she served in a number of strategic marketing and brand management functions for consumer products companies such as Revlon, Lenox China and Corning Glass. Linda received her MBA from the Harvard Graduate School of Business Administration, and her undergraduate degree from Barnard College. She is a Certified Mentor at SCORE, Kauffman FastTrac Alumna, volunteer with foreign exchange students, and President-elect at Congregation Beth Torah. 3 3
  34. 34. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe QUESTIONS OR COMMENTS? If you have any questions about this webinar that you did not get to ask during the live premiere, or if you are watching this webinar On Demand, please do not hesitate to email us at info@financialpoise.com with any questions or comments you may have. Please include the name of the webinar in your email and we will do our best to provide a timely response. IMPORTANT NOTE: The material in this presentation is for general educational purposes only. It has been prepared primarily for attorneys and accountants for use in the pursuit of their continuing legal education and continuing professional education. 3 4
  35. 35. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe ABOUT FINANCIAL POISE DailyDAC LLC, d/b/a Financial Poise™ provides continuing education to attorneys, accountants, business owners and executives, and investors. Its websites, webinars, and books provide Plain English, entertaining, explanations about legal, financial, and other subjects of interest to these audiences. Visit us at www.financialpoise.com. 3 5 Our free weekly newsletter, Financial Poise Weekly, educates readers about business, business law, finance, and investing. To receive it simply add yourself by going to: https://www.financialpoise.com/newsletter/ Email addresses are never sold to or shared with third parties.

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