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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How to choose the best FMLA calendar year for your business

April 19, 2021

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

Legal considerations for returning to business as usual post-COVID

April 12, 2021

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.

3 recent FMLA lawsuits that employers need to be familiar with

April 01, 2021

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

Biden’s unapologetic worker agenda could mean big changes for employers

March 25, 2021

Employers must move quickly to stay ahead of movement from the Biden Administration on unions, immigration, OSHA regulations, paid leave, and gender/pay.

Human resources tech trends to watch in 2021

March 09, 2021

HR tech solutions can solve can greatly improve efficiency, however, with so many options available, how do you ensure you're making the right choice?

Historic worker-focused legislation could pass this year

March 05, 2021

Both the PRO Act and the Paycheck Fairness Act would be historic pieces of worker legislation that companies should start preparing for now.

The normal 40-hour workweek might soon be a thing of the past

March 03, 2021

With remote, flexible, and hybrid schedules gaining steam, many companies are considering changing their traditional 40-hour workweek.

When do you have to pay employees who telework for travel time?

March 02, 2021

The compensability of travel time when teleworking is one of many issues the DOL clarified its stance on recently. It may be time to update your policy.

Options for long-term employee telework agreements

February 25, 2021

It’s becoming clear that remote work is here to stay. That means companies may need to update their telework agreements with employees.

How to avoid paying for wrongful unemployment claims

February 24, 2021

Unemployment cases are hard to win, but with the right steps, you can avoid paying unemployment benefits to ineligible ex-employees more often.

6 ways managers can be held personally liable in lawsuits

February 23, 2021

Many managers don't realize they can be held personally liable for an employee lawsuit, it's important to know how to protect yourself.

COVID-19 long-haulers will likely be eligible for intermittent FMLA leave

February 12, 2021

Up to 10% of people who recover from mild to severe COVID-19 cases may become long-haulers, and you may have to provide them intermittent leave.

What OSHA’s new COVID safety guidelines mean for your business

February 10, 2021

Under the Biden Administration, businesses should prepare for more rigorous enforcement of OSHA's COVID safety guidelines.

Business law basics for HR: 8 things every HR professional needs to know

February 03, 2021

HR professionals don't need to be business law experts, but with the fields increasingly overlapping, knowing the basics might keep you out of hot water.

Firing employees in 2021: 5 things you need to consider first

January 29, 2021

Terminating employees is never pleasant, but in the midst of a pandemic and financial crisis firing employees in 2021 brings additional risks.

Protecting your business from COVID lawsuit liability

January 27, 2021

From FMLA, to the ADA, GINA, and more, business owners face a variety of COVID lawsuit liabilities. The best way to protect yourself is through prevention.

COVID could impact your ACA Applicable Large Employer status for 2021

January 20, 2021

Many employees were laid off or worked reduced hours in 2020, some impacted businesses may no longer qualify as an ACA Applicable Large Employer.

9 Ways to Improve Independent Contractor Retention

January 15, 2021

Once you find the right match, you don't want to let go. Fortunately, there are some simples ways to improve retention among your independent contractors.

Update: What you need to know about pandemic leave policies in 2021

January 13, 2021

With new federal legislation and a variety of state-wide policies implemented, it's time to review your pandemic leave policies.

If you don’t have a Chief Human Resources Officer you’re behind the curve

January 11, 2021

HR is finally getting a seat at the table with the addition of the Chief Human Resources Officer, and just in time as this role is more important than ever.