Watch Joe Vincent Management Seminar Recordings
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Watch NowAt the 2026 Joe Vincent Management Seminar, Ann Price, Partner at Boulette Golden & Marin L.L.P. and employment and labor attorney for employers, delivered a risk-focused session on HR best practices for insurance agencies.
Key Takeaways from "HR Best Practices: What You Need to Know to Minimize Exposure to Liability"
Sponsored by Imperial PFS and Nationwide, the session walked through the employment lifecycle—from hiring to termination—and highlighted common legal pitfalls agencies must avoid
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Get Worker Classification Right
Misclassifying employees as independent contractors can trigger tax liability, wage claims, and discrimination exposure. Courts apply a detailed, fact-specific analysis. When in doubt, consult counsel before classifying.
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Structure the Hiring Process Carefully
Define job duties and minimum qualifications before recruiting. Use consistent, job-related interview questions and avoid inquiries that could reveal protected characteristics (such as religion or family status). Keep hiring documentation for at least one year to defend against failure-to-hire claims.
Written offer letters should confirm:
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Exempt or non-exempt status
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Compensation terms
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At-will employment
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Post-offer contingencies (background checks, I-9 compliance)
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Understand Overtime Rules
Paying someone a salary does not automatically make them exempt. To qualify for exemption, employees must meet salary thresholds and specific duties tests. Misclassification can result in double damages plus attorney’s fees.
Agencies must also correctly calculate the “regular rate” when bonuses or other compensation are involved. Errors in overtime calculations are increasingly targeted in collective wage lawsuits.
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Train on Harassment and Anti-Discrimination
Have clear written policies covering all protected categories—not just sexual harassment—and provide multiple reporting channels. Investigate promptly, avoid promises of complete confidentiality, and guard against retaliation.
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Don’t Overlook Documentation
Accurate time records, I-9 compliance, signed handbook acknowledgments, and properly drafted restrictive covenants (if used) can significantly reduce liability exposure.
Bottom Line
Proactive HR practices are far less expensive than defending a lawsuit. Insurance agencies that invest in compliant hiring, wage practices, and workplace policies protect both their people and their business.
