Business 101: What You Should Know About Employment Law

Posted On By Leen Bakker

When it comes to setting up your business, there are a lot of factors to consider. Sometimes there are attractive options and operations you may want to institute right away, but don’t do everything just yet. In order to get your business up and running with a team of reliable employees, here’s a “Business 101” topic for you: just what should you know about employment law?

According to FindLaw, employment law covers all the important aspects of an employer and employee relationship. Not only does this cover the obligations and rights of both parties, but also the things both employers and employees can do within the context of their professional relationship. As such, forming a business is best done with at least a basic understanding of employment law, and the guidance of professionals such as lawyers to help push your plans for a productive workplace through to fruition. Here are some points you shouldn’t forget:

Obligations as Employer and the Rights of Employees

Remember that as an employer, you have to be able to abide by certain rules. These include making sure you provide a safe working environment for your employees, and that you pay their wages fairly. There are generally a few key points that you should remember regarding employment law:

  • You cannot discriminate upon or harass your staff and employees regardless of whether or not they’re applicants or they’re already employed. Discrimination applies to any protected trait, including gender, age, race, and nationality.
  • You are obliged to make sure salaries are fair for the work these employees are doing for you. A lot of salaries are fixed per hour, but this depends on you and if your legal counsel deems your wages fair for your employees.
  • You also must respect your employees’ privacy, though much of this obligation, and related rights of the employee, has to do with email and Internet usage.
  • You are not allowed to retaliate against employees who file claims or complaints against you and/or company policies.

Take Note of Regulation Laws

One of the most important things to remember about employment law is that you have to stay vigilant with the federal laws, state laws, and specific laws you have to follow that might be exclusive to the state or region you’re in. In the United States, some states have special mandates that require other laws to be followed in conjunction with key federal laws that have to be maintained. This means aside from your initial obligation as an employer, there are other things to keep in mind, too. Here are some examples:

  • Title VII of 1964’s Civil Rights Act mandates that employers who have more than 15 staff members cannot discriminate against any applicant because of color, national origin, sex, religion, or race.
  • The Family and Medical Leave Act mandates employers provide their staff with a maximum of 12 weeks leave when it comes to medical reasons. This law also requires employees to work for their employers for a at least 1,250 hours across 12 months before this can be given to them.
  • The Americans with Disabilities Act states that employers should not discriminate against persons with disabilities. If a person with a disability can perform a task regardless of accommodations, they cannot be refused to be granted work just because of their disability.
  • The Age Discrimination in Employment Act prevents workplace owners from giving advantages to younger employees simply because of their age. This also prevents older staffers from being favored over newer and younger colleagues just because of their age. This law applies to workplaces that have more than 20 staff members who are over 40 years.

When it comes to employment law, it can be tricky to make sure everything in your company is up to speed since there are a lot of things to consider. However, you can click here to hire a lawyer who might be able to help you deal with the particulars of this subject matter, so it won’t be as much hassle on your end and you can get to work sooner.

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