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It can be tough being an entrepreneur. You’re constantly juggling work and home life while trying to keep your business afloat. And if you’re an owner, manager, or HR representative, you’re also responsible for overseeing employee contracts and ensuring everyone is following the law. In this blog post, we’ll provide employment law tips for you. By reading through these tips, you’ll be better equipped to handle any employment-related situation that may arise.
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The Basics of Employment Law: Tips to get you started
Employment law is a complex and intricate area of law that governs the relationship between employers and employees. The Basics of Employment Law cover topics such as the right to fair treatment in the workplace, minimum wage and overtime requirements, sexual harassment, Leave Time, and Pregnancy Discrimination. These laws can affect almost everyone who works for a company, whether they are employees with full-time jobs or contract workers. Understanding how these laws work can help you protect your rights and ensure that you are treated fairly at work. Here are some tips to make you a good employer:
- Keep accurate records of employee hours worked.
It is important to keep accurate records of employee hours worked in order to comply with state and federal employment laws. This information can be used to calculate overtime pay, establish minimum wage requirements, and more. Make sure to keep track of shift start/end times, work days/hours, days off, and any other pertinent information related.
- Follow anti-discrimination laws.
Businesses must comply with anti-discrimination laws when it comes to hiring employees or firing staff members. These laws prohibit employers from making decisions based on race, color, religion, sex (including pregnancy), national origin, age (40 or over before the beginning of the first day of the relevant probationary period), disability status, or genetic information. It is important to review your company’s anti-discrimination policy in order to ensure compliance with all applicable laws.
- Record any wages paid in advance or in excess of the minimum wage requirement.
If an employee receives wages in advance or those wages exceed the state or federal minimum wage requirements, the employer must document these payments and retain this documentation for at least three years following the date the wages were paid or received. If you are subject to inspection by government officials based on wage payment violations, having adequate documentation will help you avoid fines and penalties.
- Make sure to comply with workplace safety laws.
The Occupational Safety and Health Administration (OSHA) is a federal agency that oversees workplace safety laws in the United States. Every employer must comply with certain OSHA regulations when it comes to safety issues such as hazardous materials, slip and fall accidents, and other potential hazards in the workplace. If you have questions about whether your company is in compliance with OSHA standards, please contact an experienced employment law attorney for assistance.
Harassment Laws in the U.S
There are a variety of laws that deal with harassment in the United States. Some of these laws protect people from being harassed at work, while others protect people from being harassed online. Each state has its own regulations surrounding harassment, but all of them share a common goal: to provide protection for individuals who are experiencing unwanted behavior.
Harassment can take many different forms, and it can occur in any setting. It can be physical or verbal, and it can be directed at anyone. Harassment can be a violation of the law, and offenders may face criminal penalties. However, harassment is not limited to criminal activity; it can also create negative consequences for the victim’s life. Victims of harassment may experience stress and anxiety, difficulty concentrating, and symptoms of depression.
Keep records of any incidents of harassment. It can be helpful to keep contemporaneous notes of any incidents of harassment so you have concrete evidence in case you need it later on. Additionally, make sure to document the nature and severity of each incident so HR can determine whether or not an investigation is necessary.
The Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) is a federal law that allows employees to take up to 12 weeks of leave in a calendar year for “medical reasons” or “for the care of a newborn child.” In order to be eligible, an employee must have been employed for at least twelve months and have worked 1,250 hours during the twelve-month period prior to taking leave. An employer must allow workers to use their accrued vacation time, as well as unpaid leave, in addition to FMLA leave.
If you are an employer with 50 or more employees, you are likely obligated by law to provide your employees with at least 12 weeks of unpaid family medical leaves per year. This includes time off for both birth and adoption-related events. Here are some tips on how best to comply:
1) Make sure you have a family medical leave policy in place that is communicated broadly throughout your organization and that everyone understands what it means and respects both company policy and applicable state law.
2) Keep track of employee absences and make sure you are honoring all applicable leave policies.
3) Make sure your employees know that they can use their accrued vacation time and any unpaid leave on their roster in addition to FMLA leave.
4) Don’t fire, penalize, or harass workers for taking FMLA to leave. If an employee needs to take FMLA leave and is unavailable to return to work, be a good employer and let them know what their options are. If you need any help, hiring employment lawyers is always a great idea.
5) Make sure you have a plan in place for returning employees to their previous roles once they’ve returned from FMLA leave.
The Americans with Disabilities Act
ADA is a federal law that prohibits discrimination against individuals with disabilities in the areas of employment, public accommodations, transportation, and telecommunications.
Under ADA, an individual with a disability is defined as any person who has a physical or mental impairment that substantially limits one or more major life activities. An individual cannot be discriminated against based on his or her impairment alone. Rather, the impairment must significantly affect one’s ability to do normal activities.
If you are an employer with fifteen or more employees, you must comply with ADA requirements. To understand what these requirements entail, it is important to first understand what constitutes an “ADA-qualified individual”. A qualified individual under ADA is an individual who can perform the essential functions of the position without significant assistance from others. The key factors in determining whether an employee can perform essential functions include:
- The nature and severity of the individual’s impairment
- The specific task or duties at issue
- How much difficulty does the employee experience performing those tasks due to the impairment
- How important those tasks are to the position
If you believe that an employee cannot perform essential functions due to their impairment, you must evaluate whether reasonable accommodations can be made. Reasonable accommodations typically involve modifications to workplace policies or procedures so that individuals with disabilities can continue to participate in the workplace on an equal basis with everyone else. Some common accommodations include:
- Adjusting work schedules
- Providing qualified readers or interpreters
- Making changes to workspace, equipment, or technology
If you fail to make reasonable accommodations for an employee with a disability, you may be liable for monetary damages. In addition, employers may be subject to civil penalties, such as fines and imprisonment.
Workers’ Compensation Laws in the U.S
Workers’ compensation laws in the United States are designed to protect workers from injuries that occur at work. In most cases, workers are entitled to receive benefits if they are injured while performing their job. These benefits can include medical expenses, income replacement, and death benefits.
Generally, employers must provide workers with notice of their rights under workers’ compensation law and must provide them with a chance to seek coverage. Workers who are injured on the job may also be able to sue their employer for damages if the injury was caused by the employer’s negligence.
Conclusion
As a business owner or manager, it’s important to be aware of the employment law landscape in which you operate. This includes understanding your legal rights and obligations as well as those of your employees. In this article, we provide tips on how to manage employee relations issues and stay in compliance with applicable laws. We hope that these tips will help you take care of your business legally and ensure a positive working environment for all involved.
