Last Revised: 12/19/2024

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1. Overview of Higher Resources and Outsourcing Firms

Higher Resources LLC (“Higher Resources”) provides strategic HR auditing and business solutions in collaboration with a network of independent consultants and specialized firms (“Outsourcing Firms”). Outsourcing Firms are engaged to deliver specific expertise beyond Higher Resources’ core services. Higher Resources ensures regulatory compliance in its operations, while Outsourcing Firms are responsible for compliance within their independent practices.

 

2. Compliance with Employment Regulations

Higher Resources is committed to adhering to employment laws and regulations in all engagements. This commitment includes:

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• California Employment Law: Higher Resources complies with all relevant California Labor Codes, including meal and rest break requirements, wage regulations, and employment discrimination laws under the California Fair Employment and Housing Act. Outsourcing Firms are expected to follow California laws applicable to their business operations.

• Fair Labor Standards Act (FLSA): Higher Resources follows FLSA standards regarding minimum wage, overtime, and other labor regulations. Outsourcing Firms are responsible for compliance with the FLSA within their practices and for their personnel.

• Industry and Regional Employment Standards: Outsourcing Firms must independently uphold all applicable employment laws, industry regulations, and standards specific to their practice areas and geographic regions.

 

3. Independence and Responsibility of Member Firms

Each Outsourcing Firm is an independent business entity responsible for its own practices, clients, and regulatory compliance. Higher Resources does not control, manage, or oversee the employment or business practices of its Outsourcing Firms, nor does it influence their adherence to employment standards or legal obligations.

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• Professional Conduct and Ethical Standards: Higher Resources expects all Outsourcing Firms to uphold high standards of professionalism, integrity, and ethical behavior. Outsourcing Firms must independently adhere to any professional codes of conduct applicable within their field of expertise.

• Conflict of Interest: Outsourcing Firms are responsible for managing any conflicts of interest that may arise during their engagements. Higher Resources does not assume responsibility for conflicts involving Outsourcing Firms’ independent business activities.

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4. Relationship Between Higher Resources and Outsourcing Firms

Collaboration with Outsourcing Firms does not establish an employment, joint venture, or agency relationship with Higher Resources. Engagements with Outsourcing Firms are managed through separate agreements. Higher Resources is not liable for Outsourcing Firms’ independent conduct, performance, or compliance with employment regulations.

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5. Client Confidentiality and Data Protection

Both Higher Resources and its Outsourcing Firms are committed to maintaining confidentiality and protecting client data. Each entity is individually responsible for safeguarding data in their control in line with applicable data protection regulations.

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6. Grievances and Dispute Resolution

Clients or other parties with concerns regarding services provided by Outsourcing Firms are encouraged to address them directly with the respective Outsourcing Firm. While Higher Resources supports transparency and ethical practices, it is not responsible for resolving disputes arising from the practices or services of Outsourcing Firms. Higher Resources may, at its discretion, assist in facilitating communication but does not mediate or assume liability for external grievances.

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7. Indemnity and Liability

To the fullest extent permitted by law, Outsourcing Firms agree to indemnify, defend, and hold harmless Higher Resources LLC, its affiliates, officers, employees, and agents from any and all claims, liabilities, damages, losses, costs, or expenses, including attorney’s fees, arising out of or in connection with:

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• The performance, conduct, or non-compliance of Outsourcing Firms with applicable laws, regulations, or ethical standards.

• Any legal action or dispute arising from Outsourcing Firms’ independent activities or services provided to clients, including but not limited to employment law violations, wage disputes, or regulatory non-compliance.

• Any other matter related to the activities of Outsourcing Firms in providing their services.

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Higher Resources shall not be held liable for any acts, omissions, or services provided by Outsourcing Firms. Outsourcing Firms are solely responsible for the performance and outcomes of their engagements.

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8. Disclaimer and Limitations

Higher Resources disclaims any liability for actions, advice, or non-compliance by Outsourcing Firms. This includes, but is not limited to, employment practices, regulatory compliance, and any disputes related to services provided independently by Outsourcing Firms.

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9. Updates to this Policy

This policy is reviewed periodically and updated as necessary to reflect changes in law or further clarify the roles of Higher Resources and its Outsourcing Firms. Stakeholders are encouraged to check this policy regularly for any updates.