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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As marijuana laws evolve, you want a clear policy about marijuana at work. Learn about developing a marijuana policy for your employees.

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It’s one of the hardest decisions an employer has to make. COVID-19 presents accommodation challenges for vulnerable workers. Here are some tools to prevent litigation.

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What actions employers should take now in light of the new DACA Supreme Court ruling and White House immigration suspensions.

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July 06, 2020

When it comes to the FFCRA definition of places of care, summer camps are included, but it's not entirely the same as schools. Here's what's what.

FMLA, FFCRA and Intermittent Leave: When to use which

June 23, 2020

Leave laws have seen a lot of change this year. Here is a breakdown of FMLA and FFCRA eligibility requirements, differences, and more.

U.S. Supreme Court bars discrimination against LGBT employees

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Employers covered by the Title VII must immediately implement policies that bar discrimination against gay and transgender workers.

Why you should think twice about a ‘Zoom termination’

June 17, 2020

One key aspect of terminations some employers might be approaching incorrectly is virtual terminations. Here's why ...

The most common employee documents used at trial

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If you go to trial, you want to have these common employee documents available. That's why your HR document record keeping is crucial. Read to learn more.

Ask the Attorney: Pandemic paid leave, return to work and more

June 10, 2020

Employment lawyer Nancy Delogu answers readers' recent questions about operating their business during the pandemic.

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Terminating employees remotely may be necessary because of COVID. Doing so presents technological and legal challenges.

Pandemic lawsuits: All the new ways you can get sued

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It was sort of inevitable: Employees who are returning to work are suing their employers for a variety of perceived missteps. While the Department of Labor has been...

Returning to work presents ADA compliance challenges for employers

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Employers will have to make physical accommodations, determine whether to extend telecommuting arrangements and address COVID-related mental health issues.

Ask the Attorney: FMLA and parents in the pandemic

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Legal answers to the tough questions about working parents and the if, when, and how they qualify for paid leave and FMLA during the pandemic.

Employer liability is next coronavirus threat

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As businesses around the country weigh the pros and cons of reopening, one question looms large: Could employers be held liable if employees contract COVID-19 while...

EEOC: CDC safety guidelines don’t violate ADA

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In general, the EEOC says the ADA does not prevent employers from complying with coronavirus safety measures recommended by the Centers for Disease Control.

The future of FMLA points to paid leave

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The COVID-19 pandemic has highlighted the need to keep sick workers out of the workplace and shifted public perception about paid leave.

The best steps to take with a reduction in force

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The current global crisis is forcing employers to redesign their businesses on the fly. What looks like the right move now could be a future lawsuit.

Did we make a bad call in switching these exempt workers to nonexempt status?

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Expert attorney Nancy Delogu tackles a question we hear quite often - is exempt to nonexempt a good idea?

Accommodating essential staff through COVID-19

April 21, 2020

Accommodating essential staff during the COVID-19 pandemic is a challenge. Employers must follow federal guidance from the CDC and OSHA, as well as monitor state...

Accommodating working parents during COVID-19

April 10, 2020

Employers have several options including telecommuting, flexible scheduling, and intermittent FMLA. The FFCRA provides emergency paid sick leave options.