Is Your Business Breaking Employment Laws? | The Business ...

Know Whether Your Small Business is Breaking Employment Laws ? morguefile/mconnors

When small businesses first open their doors, many new owners focus on important functions such as financing, accounting, and marketing. However, fewer worry as much about human resources. Not because they don?t care about their employees, but because they either don?t have a huge staff or because they aren?t really clear about what they need to know.

If you have employees in your small business, you need to be aware of the state and federal employment laws that regulate your actions. For assistance with federal employment laws, visit the Department of Labor (DOL) e-Laws. For assistance with the laws in your state, click here to locate your State Labor Office.

In the meantime, here are some of the most frequently misunderstood rules that small business owners need to understand.

Employee Classification Problems?

For most employers, there are two major obstacles when it comes to classifying employees.

The first has to do with whether an employee is exempt or non-exempt. Understanding the difference between these two concepts is not always easy.

Never assume that an employee?s title dictates their exemption status. Your office manager may be nothing more than a glorified administrative assistant. It?s about the work, not the title. The importance of this distinction has to do with how you pay your employees. It is not acceptable to make everyone exempt just because it?s easier.

You can find out whether your small business falls under the guidance of the Fair Labor Standards Act (FLSA) and exempt/non-exempt regulations by visiting the DOL FLSA Advisor.

The second common classification issue deals with the distinction between independent contractors and employees. Here?s where you can get yourself in trouble with the IRS. To ensure you pay workers properly, including taxes and benefits, visit the IRS page on ?Independent Contractor or Employee???

Required Harassment Training?

Depending on the state where you conduct your business, you may be subject to providing harassment and discrimination training to your staff. Some require it; others advise you to provide it. Naturally, the benefit of training employees, especially first-line supervisors, is to prevent any wrong actions and defend against a complaint if something occurs.?

To determine if your small business must comply with harassment training laws, contact your State Labor Office or click here for a list of states that require compliance.

Termination Issues?

Terminating employees can be difficult from an emotional as well as legal angle. That is why it is important not to complicate the issue by making errors.

One issue that some small employers make when terminating a worker is to make deductions that are not authorized or legal. For instance, payroll advances. Many states don?t permit employers to deduct anything other than pay and benefits from any paycheck, and especially not from the final pay. Therefore, you might want to rethink company policy about allowing payroll advances.

Additionally, some states (such as California) do not allow employers to withhold final pay if an employee hasn?t returned company property. This deduction could mean you failed to pay all wages due and land you in legal hot water.

Another termination issue has to do with employees on leaves of absence. Federal law prohibits many employers from terminating an employee on a family, medical, or military leave or while serving on jury duty. In some instances, there are state laws as well. Always be sure to check with your State Labor Office.

Employers are subject to a great many state and federal laws. Be sure you know which ones apply to your business and whether you are breaking any of them.

Source: https://www.businessfinancestore.com/2012/08/01/is-your-business-breaking-employment-laws/

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