Employment Laws All New Business Owners Need to Know
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Table of Contents
A comprehensive guide to understanding key employment regulations and avoiding legal pitfalls.
Introduction
On the surface, employment laws appear straightforward. Offering an hourly wage at or above the state minimum wage seems simple enough.However, a multitude of complexities and special cases exist that all new business owners should understand. Ignorance of these laws can lead to legal trouble with federal or state governments, and expose your business to lawsuits. This article outlines several important employment laws and their implications.
The Family and Medical Leave Act (FMLA)
many have heard of the Family and Medical leave Act (FMLA), but its specifics are often misunderstood. The FMLA requires employers to provide eligible employees with up to 12 weeks of unpaid leave for qualifying reasons, including:
- Personal physical or mental illness
- Caring for a family member with a serious health condition
- Qualifying exigencies arising from a family member’s active duty military service (up to 26 weeks)
Proper documentation is crucial for both employer and employee. The FMLA protects employees from termination due to family medical needs, while also safeguarding employers from fraudulent leave requests.For detailed guidance, consult the FMLA Employer Handbook from the Department of Labor.
| Item | Description |
|---|---|
| Employee Eligibility | Employed for at least 12 months, 1,250 hours in the past 12 months |
| Qualifying Reason | Serious health condition of employee or family member |
| Leave Entitlement | Up to 12 weeks of unpaid, job-protected leave |
The Occupational Safety and Health Act (OSH Act)
“OSHA” commonly refers to the Occupational Safety and Health Administration, the federal agency responsible for enforcing workplace safety and health standards. However, “OSHA” also refers to the occupational Safety and Health Act itself – the legislation that created OSHA and outlines employer responsibilities.
The OSH Act mandates that employers provide a safe and healthy work surroundings for their employees. This includes:
- Maintaining a workplace free from recognized hazards
- Providing necessary safety training and equipment
- Complying with OSHA standards
- Reporting serious workplace injuries and illnesses
Failure to comply with OSHA regulations can result in significant fines and penalties. Resources are available on the OSHA website to help businesses understand and meet their obligations.
Common OSHA Violations
Some of the moast frequently cited OSHA violations include:
- Fall Protection
- Hazard Communication
- Electrical Safety
- Machine Guarding
- Personal Protective Equipment (PPE)
Other Critically important Employment Laws
- Fair Labor Standards act (FLSA): Establishes minimum wage, overtime pay, recordkeeping, and child labor standards.
- Equal Employment Opportunity Commission (EEOC) Laws: Prohibits discrimination based on race, color, religion, sex (including pregnancy), national origin,