All businesses – even small ones – must comply with applicable federal labor laws. How do you know if your small business is violating one? The first step is to examine the four most commonly violated labor laws. The second is to ensure you have an experienced attorney on your side. Learn more with help from the following information.
The Family Medical Leave Act (FMLA)
The Family Medical Leave Act is meant to provide employees with up to 12 weeks of unpaid leave per year for certain medical or family issues (i.e. death, birth or care of a newborn child, placement of an adopted child or foster child, and caring for an immediate family member with a serious health condition). However, not all employees or businesses may be entitled. Companies with fewer than 50 employees may not be obligated to provide family medical leave, and any employee who has not worked at least 1,250 hours over the past 12 months may be ineligible for this protection.
Office of Federal Contract Compliance Programs (OFCCP)
In 2013 and 2014, the Department of Labor implemented two new laws to strengthen the discrimination protections against veterans and individuals with disabilities. The first rule is known as the Vietnam Veterans’ Readjustment Assistance Act (VEVRAA), encourages employers to adopt benchmarks for hiring veterans; they can use either the federal goal of 8 percent of employees, or they can create their own benchmark using labor statistics, hiring circumstances, and company needs and desires. The second rule is Section 503 of the Rehabilitation Act, and it requires that contractors strive for an aspirational utilization goal of individuals with disabilities of about 7 percent, or 7 percent of each job group for larger employers.
NLRA Protections for Non-Union Workers
While the National Labor Relations Act deals mostly with unions, there are a few ways that it protects the rights of employees in non-unionized positions. For example, the NLRA protects the rights of employees who wish to unionize, collectively bargain, or engage in concerned activity for their mutual benefit and protection. Restricting this right as an employer can cost you dearly, as can restricting too much of what an employee posts on social media. Whether you need help crafting a non-disclosure agreement or want to ensure you are not violating the union protection laws, contact an experienced attorney.
Fair Labor Standards Act and IRS Misclassification
Many small businesses rely on independent contractors to ensure certain tasks are done. Often, this is because a contractor is more cost-efficient and easier to manage. However, employers should be aware that, in some circumstances, a contractor could become an employee under the federal law. Generally, this is determined by examining the relationship between your company and the contractor, the financial factors, and behavioral factors. If you are uncertain about the status of one of your workers, avoid the consequences of a misclassified employee and contact an experienced lawyer for assistance.
Contact Our Seasoned DuPage County Business Law Attorneys
Stock, Carlson, Oldfield & McGrath, LLC understands the challenges that small businesses face, and we strive to mitigate against them. Dedicated and experienced, our DuPage County business law attorneys can examine the legal aspects of your business to ensure proper compliance, and to reduce the risk of litigation. Get experienced assistance by scheduling a personalized consultation. Call 630-665-2500 today.