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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ADA Accommodations: Part of an overall ADA policy

November 04, 2019

ADA accommodations are part of an overall ADA policy every employer must have. Use an interactive process to decide which accommodations are reasonable.

Resist assuming that employee’s disability might cause a safety hazard

October 24, 2019

Challenging a disabled employee’s capacity for work can backfire badly, especially if it appears it was based on disability discrimination and harassment.

The gig is up! New AB 5 law turns many contractors into employees

October 23, 2019

California Assembly Bill 5, signed into law Sept. 18, requires most gig economy companies to treat their independent contractors as employees.

Ask the Attorney: Shredding I-9s, employee leave pay and more

October 22, 2019

Nancy Delogu answers readers questions about when (and if) it's safe to shred I-9 forms, salaried versus hourly leave and more.

Employee grooming policies: Review yours with a fine-tooth comb

October 21, 2019

Several states have adopted the CROWN Act, model legislation that outlaws hair discrimination. Could your grooming policies now be discrimination?

Independent contractors done right

October 11, 2019

Independent contractors save organizations time and money. But employers must satisfy the rules of the IRS, USDOL, and a slew of state agencies.

Firing for vacation during FMLA? Hit ‘pause’

October 08, 2019

Even if it appears that an employee is misusing his FMLA leave, you must make discipline or termination decisions based on a rational review of the facts, including the...

Five employer considerations in the face of a natural disaster

October 04, 2019

What exactly are employer's responsibilities during a natural disaster? Employment and labor lawyer Kimberly Doud breaks down five factors to consider.

Supreme Court cases focus on Title VII sex discrimination expansion

October 03, 2019

Oral arguments on three Title VII Supreme Court cases have been scheduled for October 8. Here's how employers should prepare for the decision.

The opioid crisis: Is drug addiction a disability?

September 26, 2019

The ADA does not require employers to tolerate current illegal drug use. But employers do have options to help return addicted workers to productivity.

Overtime threshold rising to $35,568 on Jan. 1

September 24, 2019

The white-collar overtime threshold will increase to $35,568 on Jan. 1, 2020, following approval of a final rule the Department of Labor says will make 1.2 million more...

Managing the legal risks of telecommuting

September 24, 2019

Before embracing remote work in your organization, know this: you’ll need to manage at least three kinds of telecommuting legal risks.

Reasonable accommodation can require additional leave

September 16, 2019

When a worker has exhausted FMLA leave or earned none, they may still have the right to leave as a reasonable accommodation under the ADA.

Think a harassment claim is false? Investigate anyways.

September 13, 2019

Recent harassment court cases prove that investigation and prevention are necessary, even if there is suscpicion the claim is false.

From the courtroom: Firing an employee do’s and don’ts

September 11, 2019

The steps to firing an employee are full of legal landmines. Take these four recent court cases that highlight the right way to fire, and the wrong.

What is GINA? The federal discrimination law you need to know

September 09, 2019

As genetic information becomes more readily available, employers must make sure they are in compliance with this federal law.

Is obesity a disability under ADA?

September 05, 2019

Generally, obesity alone does not qualify as a disability under the ADA. However, some workers are protected from obesity discrimination; more may soon be.

Ask the Attorney: Dress codes, mental health issues and file retention

September 04, 2019

In this edition of Ask the Attorney, our expert employment lawyer tackles readers questions about dress codes, file retention and mental health issues.

USERRA: Managing employees with military obligations

August 28, 2019

The Uniformed Services Employment and Reemployment Rights Act or USERRA can be the stealth bomber of employment laws. Few employers would list the USERRA law as a top...

Firing on FMLA: How to legally let someone go on leave

August 22, 2019

A common misconception is that workers can’t be fired while on FMLA leave. Fortunately, that’s just not true – here's what to consider and keep in mind.