Labor Laws

By Entrepreneur Staff

Labor Laws Definition:

Laws that define the rights of employees in the United States and protect them from employer retaliation for exercising those legal rights or reporting violations to the proper authorities.

As companies grow, they encounter issues that smaller firms don't. For instance, many employment laws, such as the federal Family Medical Leave Act, apply only to firms of a certain size or larger. As you grow, your employee policy manual has to grow with you. Simply knowing what's right isn't enough. When the majority of--or even all--employee supervision was handled by you or one or two trusted colleagues, maybe you could survive on faith in them and them in you. But as your company grows, you'll hire new employees and new supervisors, and that means you'll need to commit to writing exactly how employees ought to be treated and the behaviors your company won't tolerate.

Laws concerning sexual harassment are steadily evolving, and your policies on harassment in the workplace need to keep pace. For example, one recent ruling says that a company without a strong anti-harassment policy is likely to be held liable if one of its supervisors commits sexual harassment against an employee.

In general, anti-discrimination employment legislation is expanding to cover a larger group of employees. Along with gender, race, color, religious beliefs, national origin, age and disability, some jurisdictions protect employees who are discriminated against on the basis of appearance or sexual orientation. Your employees may be protected from any retaliation by you because they reported you for violating a law or regulation. Take note of federal, state and local laws regarding discrimination, and make sure their intent is clearly reflected in your employee policy manual.

If you're unclear about which laws apply to your small business or what to include in your employee manual, consult your attorney or an attorney familiar with U.S. labor laws.

More From Legal Issues

Fair Labor Standards Act

A federal law enforcing minimum standards that employers must abide by when hiring employees

Family Medical Leave Act (FMLA)

The 1993 law that entitles a covered employee to take up to 12 weeks of leave in a 12-month period for the birth or adoption of a child or the serious health condition of the employee or the employee's child, spouse or parent

Contracts

A legal document between parties that clearly spells out just what is expected and required of each party

Americans With Disabilities Act (ADA)

A federal law enacted in 1990 that makes it illegal for employers with 15 or more employees to refuse to hire qualified people with disabilities if making "reasonable accommodations" would enable the person to carry out the duties of the job