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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FMLA retaliation — what employers need to know

July 21, 2021

What is FMLA retaliation? It’s either when an employer or manager punishes an employee for taking time off of work or tries to interfere with an employee’s...

What can you not do while on FMLA leave? Top things to look out for.

July 16, 2021

What are employees unable to do while on FMLA? That’s a tricky question, but we’re here to give you a solid answer. Scroll down to learn more about your FMLA...

A practical guide to terminating an employee with a disability

July 13, 2021

Are you thinking of firing an employee who has a disability? You want to be sure you’re not violating the rights the American Disabilities Act has granted them. With...

FMLA return to work guidelines for employers

July 07, 2021

After an employee takes FMLA leave, they’re entitled to return to their prior position or an equivalent one. However, there are a number of situations where what...

Your guide to fireable offenses in the workplace

July 05, 2021

When an employee acts in a way that doesn’t align with your company’s values, workplace policies, mission, or goals, it might be time to let them go. These...

State withholding requirements are snapping back as pandemic recedes

July 02, 2021

As an administrative convenience during the pandemic, lots of state tax agencies just allowed you to continue to withhold for employees’ work states when employees...

Simple sample termination letter to an employee templates

June 28, 2021

When you’re tasked with the difficult decision to terminate an employee, you want to provide an employee termination letter that is both informative and...

The ultimate employee termination checklist

June 25, 2021

Terminating an employee is an unpleasant yet sometimes necessary responsibility as part of the Human Resources team. It is also a vital part of the job, however, and...

Checking up on sick workers: The 6 do’s and don’ts

June 23, 2021

You don't want employees to abuse sick time, but going too far could invite discrimination and harassment claims, and unnecessarily damage morale.

How to properly terminate an employee with mental health issues

June 15, 2021

Terminating an employee with mental health issues isn't illegal, but it does require extra consideration to avoid breaking ADA rules.

Don’t wear the wrong color to an employee termination conversation

June 14, 2021

When terminating an employee, you have a lot to consider. There are I’s to dot, T’s to cross, and policies to comply with. However, what you may not have...

How to manage FMLA leave for employees with migraines

June 11, 2021

FMLA leave for migraines requires employers to pay extra attention to medical certifications, time tracking, and signs of FMLA abuse.

Under 50 employees? How FMLA could apply to you regardless

June 07, 2021

Even if you have less than 50 employees you could be required to give employees FMLA leave regardless if you make these mistakes.

FMLA certification guide for employers

June 04, 2021

FMLA certification is a key factor in ensuring employees don’t abuse FMLA leave. However, handling the process can be challenging even for the most experienced HR...

COVID long haulers are likely protected by the ADA and FMLA

May 28, 2021

Federal and state laws limit what employers can do to fire COVID long haulers and place strict limits on when you can refuse to hire or recall them.

Terminations — making a difficult conversation easier

May 27, 2021

It's normal to experience doubt, guilt, and anxiety before a termination, but with the right preparation you can make a difficult conversation easier.

Post-COVID record keeping — what you’re required to keep

May 26, 2021

Record-keeping was already complicated, after the pandemic, it's even more so. Ensure you're keeping the right records to avoid trouble in the future.

FMLA eligibility checklist — is your employee eligible for FMLA leave?

May 21, 2021

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

May 19, 2021

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?

May 14, 2021

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