What employment laws do you need to know about for your small business
One of the important things that you need to do in your small business is to follow the various employment laws that are in action. These laws can change rapidly, and it's a good idea to consistently be aware of the different laws and keep tabs on any changes. In some cases you might want to consult with an employment lawyer for help and advice. Many employment laws are enforced by the U.S. Department of Labor. In addition, the Equal Employment Opportunity Commission and the National Labor Relations Board also deal with some employment laws. Here is a list and explanation for a few employment laws that you will want to know for your small business:
1) The Fair Labor Standards Act: If you are hiring individuals to help you run your small business, you will need to be aware of the wages and salary laws which are in place. For example, as of September 1, 1997, employers are not allowed to pay an employee less than $5.15 per hour.
Younger employees under 20 years of age are not allowed to be paid less than $4.25 per hour for the first consecutive 90 calendar days of labor. In addition, employers may not fire an adult employee in order to replace them for a younger employee at the youth minimum wage. There are also other restrictions for employing 16 and 17 year olds in different businesses or occupations which are determined to be dangerous by the U.S. Department of Labor. Furthermore, there are restrictions for the hours of work and types of labor for younger employees underneath 16 years of age.
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There are also specific rules created by the Fair Labor Standards act that apply to individuals who work out of the home. For example, in some manufacturing industries, the employer must obtain certain certification which permits homework from the Employment Standards Administration's Wage and Hour Division. If you assign homework to some of the other employees within your small business, it might be a good idea to consult with an employment lawyer to see if this law applies to you.
2) The Immigration and Nationality Act: This act allows you to hire immigrant workers in your small business. Under this act, employers are required to verify the identification and authorization of the immigrant to work in the United States. There are four different visa classifications which are used for immigrant workers. For example, D-1 visa is for "crewmembers," H-1B and H-1B1 are for workers that are employed in a "specialty occupation" (such as a fashion model), H-2A workers are hired for temporary agricultural jobs. In a small business situation, it is likely that your immigrant employee would require a D-1 or "crewmember" visa.
3) Occupational Safety and Health Act: This law is very important for small businesses, and it is geared to regulate the safety and health conditions in most private industries or businesses. This act covers safety hazards such as falls, explosions, fires, as well as maintenance, vehicle operation, and machine operation. If you own a small business that is in the food industry, it would be especially helpful to review the different heath standards in regard to protective equipment and work practices.
There are other employment laws that you should be aware of as a small business owner. These employment laws include Americans with Disabilities Act, Age Discrimination in Employment Act, Pregnancy Discrimination Act, and the Family and Medical Leave Act. A basic overview of these employment laws can be found on the website for the U.S. Department of Labor. You also can call the U.S. Department of Labor to get a free guide to employment laws. The number you should call is (866) 4-USA-DOL.
