The following is a link to an article by Hedley Lawson of Aligned Growth Partners discussing new SEC amendments to Regulation S-K and requiring disclosure of human capital resources measures and objectives that the company focuses on in managing its business:

I particularly note (and I have pasted below) the discussion wherein Hedley lists broad categories that should receive consideration while also recognizing that “each company will need to evaluate its own particular circumstances to identify its human capital resources and determine their materiality to an understanding of its business.” The categories are also helpful for consideration in the context of the employer and workforce component of the “S” (social) criteria in ESG (environmental, social and governance). The following are the broad categories that are listed in the article:

CATEGORY
POTENTIAL TOPICS
Workforce governance
· Board or committee oversight of human capital strategy
· Role and expectations of the Chief Human Resources Officer
· Legal and ethical compliance
Workforce composition
· Agile and transformational talent acquisition and recruiting
· Meaningful, measurable, and sustainable diversity, equity, and inclusion
· Experience and education of workforce
Workforce stability
· Voluntary and involuntary turnover analytics
· Actionable succession planning and employee promotability
· Meaningful employee satisfaction surveys
Workforce skills and development
· Professional and personal development opportunities
Workforce culture
· Employee engagement
· Work-life initiatives
· Employee health, safety, and well-being programs
· Employee recognition programs
Workforce compensation (in the absence of a Compensation Committee)
· Gender, racial, and generational pay equality
· Incentives and cash and non-cash benefits
· Targeted market compensation data and analysis

More to follow on these topics including human capital and ESG + Sustainability.

Best to you. David Tate, Esq.

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Remember, every case and situation is different. It is important to obtain and evaluate all of the evidence that is available, and to apply that evidence to the applicable standards and laws. You do need to consult with an attorney and other professionals about your particular situation. This post is not a solicitation for legal or other services inside of or outside of California, and, of course, this post only is a summary of information that changes from time to time, and does not apply to any particular situation or to your specific situation. So . . . you cannot rely on this post for your situation or as legal or other professional advice or representation.

Thank you for reading this post. I ask that you also pass it along to other people who would be interested as it is through collaboration that great things and success occur more quickly. And please also subscribe to this blog and my other blog (see below), and connect with me on LinkedIn and Twitter.

Best to you, David Tate, Esq. (and inactive California CPA) – practicing in California only

Litigation, Disputes, Mediator & Governance: Business, Trust/Probate, Real Property, Governance, Elder Abuse, Investigations, Other Areas

Blogs: Trust, estate/probate, power of attorney, conservatorship, elder and dependent adult abuse, nursing home and care, disability, discrimination, personal injury, responsibilities and rights, and other related litigation, and contentious administrations http://californiaestatetrust.com

Business, D&O, board, director, audit committee, shareholder, founder, owner, and investor litigation, governance and governance committee, responsibilities and rights, compliance, investigations, ESG + sustainability, and risk management  http://auditcommitteeupdate.com

My law practice primarily involves the following areas and issues:

Trust, Estate, Probate Court, Elder and Dependent Adult, and Disability Disputes and Litigation

• Trust and estate disputes and litigation, and contentious administrations representing fiduciaries, beneficiaries and families; elder abuse; power of attorney disputes; elder care and nursing home abuse; conservatorships; claims to real and personal property; and other related disputes and litigation.

Business, Business-Related, and Workplace Disputes and Litigation: Private, Closely Held, and Family Businesses; Public Companies; Nonprofit Entities; and Governmental Entities

• Business v. business disputes including breach of contract; unlawful, unfair and fraudulent business practices; fraud, deceit and misrepresentation; unfair competition; licensing agreements, breach of the covenant of good faith and fair dealing; etc.
• Misappropriation of trade secrets.
• M&A disputes.
• Founder, officer, director and board, investor, shareholder, creditor, VC, control, governance, decision making, fiduciary duty, conflict of interest, independence, voting, etc., disputes.
• Buy-sell disputes.
• Funding and share dilution disputes.
• Accounting, lost profits, and royalty disputes and damages.
• Insurance coverage and bad faith.
• Access to corporate and business records disputes.
• Employee, employer and workplace disputes and processes, discrimination, whistleblower and retaliation, harassment, defamation, etc.

Investigations, Governance, Boards and Committees, Officers, and Responsibilities and Rights

• Corporate, business, nonprofit and governmental internal investigations.
• Board, audit committee, governance committee, and special committee governance and processes, disputes, conflicts of interest, independence, culture, ethics, compliance, ESG, sustainability, etc.; and advising audit committees, governance committees, officers, directors, and boards.

Mediator Services and Dispute Resolution

• Trust, estate, elder and elder abuse, conservatorship, power of attorney, and other probate court cases.
• Business: breach of contract.
• Business: owner, founder, partner, shareholder, investor, board and committee, officer, and governance disputes.
• Employment and workplace, discrimination, wrongful termination, and harassment.
• Real estate.
• Personal injury.
• ADDITIONAL AREAS – ASK

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