In the modern workplace, conflict is inevitable. However, when human resources teams have the proper legal knowledge, employment disputes can be effectively mitigated.
With a better understanding of common disagreements, along with effective strategies for avoiding them, human resources (HR) teams can create more compliant and welcoming workplaces. A Master of Legal Studies program can equip HR professionals to tackle the legal aspects of their work while also building confidence.
Key Takeaways
- HR professionals play a critical role in preventing and resolving workplace disputes.
- A Master of Legal Studies (M.L.S.) degree equips HR specialists with essential knowledge of employment law, compliance, and risk management.
- Common disputes include discrimination, harassment, wrongful termination, and retaliation — all of which require careful documentation and legal understanding.
- Familiarity with major laws like Title VII, ADA, and FMLA helps ensure fair and compliant workplace practices.
- Building a culture of compliance, fairness, and inclusion strengthens employee trust and retention.
Defining M.L.S. and Its Role in Employment Disputes
Working in human resources requires an in-depth understanding of employment law, dispute resolution, and other compliance issues. Earning your Master of Legal Studies degree could expand your knowledge of these important topics and build foundational legal research and problem-solving skills.
What Is M.L.S. (Master of Legal Studies) and Who Needs It?
Put simply, a Master of Legal Studies degree is a graduate-level degree designed for professionals in law-adjacent fields who want to develop their legal knowledge without the commitment of a Juris Doctor or other rigorous program. Typically, M.L.S. programs include coursework in topics such as:
- Compliance
- Risk management
- Legal research and writing
- Legal analysis
- Labor law
- United States laws and regulations
Any non-lawyer working in a regulated industry could benefit from an M.L.S. curriculum — and some programs may even offer specialized tracks that allow students to study legal topics as they relate to their unique fields.
The Growing Importance of Legal Literacy for HR Professionals
Legal literacy has become increasingly important for HR professionals in recent years. A solid legal foundation can help HR specialists and HR managers create fair, equitable policies that are in everybody's best interest.
Meanwhile, an extensive legal background can help HR professionals maintain regulatory compliance, which can minimize legal and financial risk for businesses. When employees can trust their HR teams to make the right decisions, their sense of confidence in their employers increases — which could result in greater retention and lower turnover rates.
Common Types of Employment Disputes in the United States
Unfortunately, employment disputes occur regularly across all industries in the United States. These kinds of disputes can not only negatively impact a company's reputation but also lead to costly litigation and poor workplace morale.
Discrimination and Harassment Claims
Among the most common types of disputes are those related to discrimination and harassment. A discrimination complaint occurs when an employee alleges that they were treated differently or unfairly in the workplace based on factors such as gender, age, religion, or disability status.
Harassment, on the other hand, refers to any unwelcome conduct based on those characteristics. Harassment can manifest in many forms, ranging from sexual and physical harassment to verbal or even cyber harassment. In the workplace, harassment is illegal when it creates a hostile work environment — or when an employee is subject to harassment as a condition of employment.
Wrongful Termination and Retaliation
In addition to discrimination and harassment claims, wrongful termination and retaliation are common forms of disputes in the United States. They consist of the following:
- Wrongful terminationoccurs when a person is fired for an unlawful reason, such as discrimination or retaliation.
- Retaliationoccurs when an employee is punished for taking part in a legally protected activity, such as reporting unsafe working conditions. Examples of retaliation include being wrongfully fired, denied a promotion, or even given an unfairly negative performance review.
Key Employment Laws Every HR Professional Should Know
Working in HR means knowing how to handle employment disputes with tact, confidence, and a solid legal understanding. Below are a few key United States employment laws that all HR professionals should know.
Title VII of the Civil Rights Act
Title VII of the Civil Rights Act of 1964 is a critical law that protects workers from discrimination based on color, religion, sex, race, or national origin. This law prohibits employers from discriminating in any aspect of employment — including not just hiring but also:
- Firing
- Pay/wages
- Promotions and raises
- Job assignments
- Benefits
In addition to discrimination, Title VII also prohibits any form of retaliation against employees who file a discrimination claim or aid in an investigation.
With these protections in mind, HR professionals need to regularly review their company's policies and audit hiring/promotion processes to ensure fair treatment and compliance.
Americans With Disabilities Act (ADA) and FMLA
All HR professionals should be familiar with the Americans with Disabilities Act (ADA) of 1990. Under this act, HR professionals have an obligation to prevent discrimination in the workplace based on worker disabilities. This includes making reasonable accommodations for workers who request them, as well as keeping medical information about job applicants and employees confidential.
In hiring and recruiting, the ADA prevents HR teams from asking disability-related questions or requiring a medical exam in exchange for a job offer. Instead, employers must focus on the worker's ability to perform the essential functions of a job.
Another crucial law is the Family and Medical Leave Act (FMLA), which mandates that workers have access to unpaid and job-protected leave for certain events. These include:
- Pregnancy and/or the birth of a child
- A serious health condition
- Military events
- Caring for a sick or injured family member
HR teams are responsible for complying with FMLA regulations in the workplace, as well as keeping detailed records of leave requests.
Identifying and Preventing Workplace Compliance Issues
Human resources professionals play a critical role in identifying common sources of compliance issues and mitigating risk — particularly as it relates to such issues as misclassification and wage/hour violations.
Employee Classification and Misclassification
One of the most common compliance challenges HR teams run into is that of employee classification. There are strict rules and laws regarding when a worker should be classified as an employee versus an independent contractor. If an employee is not classified correctly, it can lead to inaccuracies in payroll and severe penalties and legal issues for businesses.
HR professionals can avoid misclassification by staying on top of the latest requirements set forth by the Department of Labor (DOL) and regularly auditing worker files to ensure correct documentation and reporting.
Wage and Hour Violations
Yet another common problem HR teams need to watch out for is wage and hour violations. Some examples may include:
- Not paying employees at least the federal or state minimum wage for applicable work
- Taking deductions from paychecks (such as for uniforms) that result in employees making below minimum wage
- Failing to pay overtime wages for non-exempt employees who work more than 40 hours per week
- Miscalculating pay rates or failing to pay employees for employment-related activities (such as training) conducted "off the clock”
HR professionals can avoid these issues by remaining informed about laws related to minimum wage and fair labor, performing regular audits, and ensuring that team members are properly trained on wage/hour policies.
Early Intervention Strategies for Resolving Disputes
Even with proper recordkeeping, training, and HR compliance measures in place, disputes can (and will) arise in the modern workplace. What's important is how these disputes are handled by HR teams to prevent further escalation.
Conducting Thorough Internal Investigations
When an employee brings an issue to HR's attention, these professionals are encouraged to follow tried-and-true protocols for investigating the situation further. This includes intervening as early as possible, as well as taking a neutral approach to work toward a resolution (rather than taking sides).
Effective Documentation and Recordkeeping
Throughout the process, HR professionals should carefully document the steps they’re taking to resolve the conflict. From documenting initial complaints to writing reports about mediation, HR teams benefit when they have a solid paper trail to refer back to — particularly from a compliance standpoint.
Legal Strategies for Managing Employee Grievances
When employees come to HR with grievances about fellow employees, supervisors, or any aspect of the workplace, these situations must be addressed tactfully to reach the best possible resolution.
Mediation vs. Arbitration: Pros and Cons
HR teams can defer to strategies like mediation and arbitration for dealing with employee grievances and disputes:
- Mediation - Involves bringing in a neutral third party to facilitate discussion and empower all parties to reach a mutual agreement
- Arbitration - Involves bringing in a neutral third party to essentially act as a "judge" and make a decision
Many HR professionals will turn to mediation first, as this helps keep the process in the control of employees. However, when a legally enforceable decision needs to be made, arbitration may be the better option.
Negotiation Techniques for HR Professionals
Before reaching the point of needing mediation or arbitration, HR professionals may be able to resolve conflicts or negotiate effectively through practical strategies and techniques.
Active listening, for example, can help HR professionals understand another person's unique point of view. The same goes for emotional intelligence and strong communication, both of which can make negotiations more effective while diffusing difficult situations.
Leveraging M.L.S. Knowledge to Navigate Litigation Risks
With extensive knowledge of labor law and HR compliance regulations, professionals can effectively mitigate litigation risks while keeping workplaces running as smoothly as possible.
Reducing Exposure Through Policy Updates
HR professionals can reduce organizational exposure to risk by staying updated on the latest laws and regulations. These laws can change on a regular basis, so HR teams are tasked with staying ahead of changes and updating organizational policies and procedures as needed. When new policies are implemented, team members should receive proper education and training to ensure that everybody is on the same page.
Training Managers on Legal Compliance
It’s not just HR teams who are responsible for staying on top of industry compliance standards. Hiring managers, supervisors, and other higher-ups need to be well-versed in legal compliance topics to avoid mistakes in hiring, promoting, and terminating team members.
Building a Culture of Compliance and Fairness
Ultimately, HR professionals have a great deal of both responsibility and power to cultivate a culture of fairness and compliance in their respective workplaces.
Communicating Policies Clearly to Employees
One of the best things HR teams can do to protect workplaces from compliance challenges is ensuring that team members receive relevant training on company policies and procedures. This should include reviewing employee handbooks regularly to make sure that all policies are up-to-date, as well as exploring ways to make training relevant and engaging to employees.
Promoting Inclusion Initiatives
In the pursuit to create more inclusive and accepting workplaces, HR professionals may explore initiatives to promote inclusion in the workplace. More specifically, HR teams can foster a culture of inclusion and belonging by encouraging open dialogue, hosting relevant training sessions, and gathering employee feedback on potential areas of improvement.
Learn More in a Master of Legal Studies Program
With so many laws and compliance requirements to stay on top of, having sharp legal acumen has become increasingly important for those in human resources roles. With a solid understanding of legal protections and foundations in HR, professionals maintain fair workplaces while ensuring legal compliance and fostering strategic business decisions.
An online Master of Legal Studies degree from the University of Miami School of Law offers the career-focused curriculum HR professionals need to thrive in law-adjacent roles. Students can even choose an online Master of Legal Studies HR track curriculum to explore focused coursework in topics such as employment law, employee benefits/compensation, privacy in the workplace, and dispute resolution.
Contact us to request more information about our online M.L.S. program today, or get the ball rolling on your application for admission now.
Sources
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