Employment Law

U.S. employers must comply with several complex federal and state laws that cover every step of the employer-employee relationship—from hiring to termination.

Here are some frequently asked questions about employment law …

What is employment law?

Employment law involves every federal and state law and court ruling that regulates the rights and responsibilities of employers and employees in the employment relationship. It sets the legal boundaries around everything from hiring, pay requirements, employee classification, workplace safety, discrimination, termination and more.

Why does employment law matter?
Being in compliance with employment law is—and should always be—a top priority for anyone in a management or human resources position. One simple mistake by a manager or HR professional can trigger a multi-million-dollar lawsuit against the employer—and possibly against the supervisors themselves. The number of lawsuits filed by employees against their employers has increased dramatically over the past decade.

What’s the easiest way to stay compliant with employment law?
Because jury verdicts can be huge and hiring a lawyer is expensive, the best way to win a lawsuit is to avoid one in the first place. That’s why it’s important to stay up-to-date on the latest changes in employment law legislation and real-life court rulings through ongoing compliance resources, including Business Management Daily, and attend training timely training events, such as webinars and conferences.

What are the top employment laws in the U.S.?
Here are only some of the federal employment and labor laws that require compliance and clear understanding (note that employers must comply with several state laws):

- Job discrimination: Title VII of the Civil Rights Act of 1964
- Wages/overtime/minimum wage: The Fair Labor Standards Act (FLSA)
- Family leave: The Family and Medical Leave Act (FMLA)
- Age discrimination: The Age Discrimination in Employment Act
- Disability discrimination: The Americans with Disabilities Act (ADA)
- Military leave: The Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Gender-pay differences: The Equal Pay Act (EPA)
- Workplace safety: The Occupational Safety and Health Act (OSHA)
- Pregnancy discrimination: The Pregnancy Discrimination Act (PDA)
- Immigration: The Immigration Reform and Control Act (IRCA)

How do I avoid getting sued by an employee?
Know the laws and know your compliance responsibilities and your rights. Business Management Daily has the tools you need to stay in compliance and stay out of court. With article topics that cover everything from 1099 forms to discrimination and harassment, as well as professional training tools that can help you create a bullet-proof employee handbook, you can protect your business … and yourself.

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This FMLA eligibility checklist makes it easy to determine if you're an FMLA eligible employer and if an employee themself is eligible for FMLA leave.

FMLA and mental health — what you need to know as an employer

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Mental health can qualify as a serious health condition under the FMLA, but it's important to understand the unique nuances of how these two things relate.

Do we have to pay employees who clock in early?

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You cannot withhold pay from employees, even if they clock in early. However, you can apply strategies to deter this and avoid paying overtime.

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OSHA violations aren't just about the penalties. Serious violations can harm your perception with future employees, customers, the public, and more.

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Even employers following all of their industry-specific safety standards can run afoul of OSHA's General Duty Clause and be hit with hefty citations.

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Employee calls in sick when denied vacation – what can you do?

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An employee's vacation request is denied and then they call in sick during that period. Respond appropriately without getting in legal trouble.

It’s time to rewrite your company’s PTO policies

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Between federal pandemic legislation and swiftly changing local laws, businesses that don't update their PTO policies may find themselves in trouble.

How to choose the best FMLA calendar year for your business

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With new legislation and a changing workplace, it's time to evaluate if your old FMLA calendar method is still serving you or if it's time for something new

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Everyone's ready to get back to business as usual, but it's easier said than done. Before your business returns to normal, consider the legal implications.

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Despite constantly changing guidelines, ignorance is not a good legal defense. Employers must understand the latest FMLA rulings to avoid lawsuits.