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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September 17, 2020

Employers who stay abreast of I-9 form changes ensure accurate completion that complies with governmental requirements.

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September 16, 2020

The pandemic's 6-month stretch has made temporary telework situations more difficult to accommodate, leaving employers wondering when an employee qualifies for paid...

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Firing on the ADA is one of the riskiest moves an employer can make. Here's how to navigate the accommodation process and safely end employment.

DOL clarifies employers’ obligation to pay nonexempts’ overtime

September 08, 2020

The DOL recently addressed one of the trickiest tasks of telecommuting - how to manage and pay nonexempts' for overtime.

When have you crossed the line into immigration status discrimination?

September 03, 2020

One wrong step in the hiring process could lead to a claim of national origin discrimination or immigration status discrimination. Take this quick self-audit to make...

Is it time to convert employees into independent contractors?

August 31, 2020

Now may be the best time to hire more gig workers – or convert teleworkers giving employers more flexibility in an uncertain economy.

FFCRA leave run out? Workers may be entitled to more anyway

August 24, 2020

FFCRA leave may be running out for many employees, workers may still be entitled to leave under the FMLA, ADA, EPSLA and new state and local laws.

DOL issues new answers on pandemic leave, FLSA and FMLA

August 12, 2020

The Department of Labor has provided more clarity on coronavirus paid leave options for employers and how to use Families First Coronavirus Response Ac, the Fair Labor...

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August 11, 2020

Terminating workers based solely on productivity may reinforce already existing discrimination. Employees have protections under Title VII and the FFCRA.

Is that an employee or an independent contractor?

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Time to address the unaswerable question ... is that staff member you just rehired an employee or independent contractor?

As pandemic spreads, so do lawsuits: 3 cases to watch

August 05, 2020

There are already hundreds of covid-19 and coronavirus-related lawsuits percolating through state and federal courts. Here's a look at few.

EEOC sets ADA reopening and accommodation rules

August 03, 2020

The EEOC has issues rules for employers to use in governing post-COVID return to work and hiring during the pandemic.

Telework and time tracking: Legal do’s and don’ts

July 29, 2020

With pandemic shuffling of job descriptions, telework and time tracking pose many challenges to employers.

New school year brings heightened anxiety around FMLA

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As schools across the country announce their reopening plans, anxiety from working parents, and their employers on how to handle more months of no childcare arise.

8 steps to stamp out LGBT discrimination

July 23, 2020

It’s your responsibility to actively take steps that will eliminate LGBTQ discrimination in the workplace. Learn 8 actions you can take to promote GBTQ rights.

CDC workplace safety guidelines: adoption and enforcement

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How to properly enforce workplace safety rules around the coronavirus pandemic, including mask requirements and CDC guidelines.

Avoid these big legal mistakes when reopening

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Employment lawyer Dan Kaplan has some reminders for us of the organizational and legal issues we cannot look past.

Marijuana at work: How to navigate the marijuana laws

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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.

Terminate or accommodate? Litigation prevention is key

July 09, 2020

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.

DACA, the Supreme Court and immigration changes

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