Employment Law Is An Important Part Of Business Law – Employment Law

Business law is one of the branches of the huge field of law. There are many things one has to keep in mind when starting a business; let it be a small or a large business. Breaking these laws may land you in deep trouble, so it is always advisable to have some basic knowledge of both small business law and business corporate law. With this knowledge, you are sure of being able to run your business smoothly without any hindrance from the law whatsoever!One of the most important areas to consider in business law is employment law. If you don’t comply with all the employment laws and regulations, it is highly likely that you will end up in lots of trouble! There are different laws that actually rule the employment basis of both the regular employees and the contract employees of a business. Some of the employment business laws that have to be met by you are FLSA, the Fair Labor Standards Act, The Immigration Reform and Control Act of 1986, Americans with Disabilities Act, the Civil Rights Act of 1966 and the Equal Pay Act of 1963. However, these laws are not connected to the various state employment business laws that you may find to your business! These laws are a different thing altogether. To confirm that your business meets all the employment laws, it is always better to checkup with your HR department.
To run a business, it is important to have a business permit or a license. If you do not have one, there is a high possibility of you having to shutdown your business and to pay hefty fines and penalties. Moreover, in addition to federal business law it is required that you meet the state business law regulations too. And if you have an international based business, you have to be aware of the different international business laws and how they can affect your business, you and your bottom line. You at least have to meet the general international business laws, import laws, any specialized export laws and laws of the country you maintain business with.Those running online businesses may be of the impression that there are no business laws pertaining to the internet. However, this is not so. There are many internet and online business laws that have to be followed to maintain any online business. The reason for these laws is that the internet explosion over the past decade has forced the government to introduce internet compliance laws to maintain some law and regulation over the internet. So if you by any chance run a website make sure that you abide the internet business laws. If you don’t do so, there is a high possibility of your site being shut down and of you, in the mean time, facing criminal prosecution and huge fines.Remember that it is not advisable for you to try and comply with all the business laws on your own. There are numerous laws, and the best mode of avoiding falling into any trap would be to get the help of some professional business law firm. These tips are just to give you an idea of the types of business laws existing. However, even if you do hire a business law firm, it is also better, and important for you to have some basic knowledge of business laws!

Defending Your Rights Under the Employment Laws – Employment Law

With the changing times and increasing accounts of job-related disputes comes the need for various laws that focus on resolving these particular issues. Along with this, the employment force must be able to fully understand their rights under the pre-existing law provisions and utilize them to protect their own interests.Specifically in Los Angeles, the workers are guaranteed of legal remedies and protection from abusive employers who fail to manage them lawfully. Here are some of the following rights and privileges that are somehow helpful for the employees who may have experienced employment discrimination or abuse:Right against DiscriminationAs stated under the California Government Code and Federal Code Title VII, it is unlawful to discriminate and/or harass workers based on their:
Age

Race, color or national origin

Gender or pregnancy

Religious affiliation

Marital status

Disability

In addition, as provided by the Labor Code, employers are not allowed to retaliate against their employees who:
Uphold their rights for reasonable wages

Filed their complaints regarding the unhealthy and/or hazardous work environment

Asserted their rights for worker’s compensation

Testify before the court, revealing the illegal activities in the company

Involved themselves in other lawful activities not related to work such as political activity and skills enhancement trainings

Any employee who will experience these violations may file their case with the Equal Employment Opportunity Commission the California Division of Labor Standards Enforcement within six months prior to date when the discriminative act occurred.Family and Medical Leave ActEvery employee may have the right to utilize a three-month leave without the fear of losing his or her job for the following reasons:
Take care for a newly born baby or adopted child

Provide attention for a family member who has a serious ailment or health condition

Seek treatment for his or her own sickness

Organizing a Labor UnionEmployers do not have to interfere in any manner regarding the formation of a labor union and any of its lawful activities. Unless these labor actions are being done in an orderly and under the limits of the law, the company owners cannot file any case against union members.Any instance of employer interference or harassment related to this issue may be reported to the National Labor Relations Board within a period of 180 days.Workplace SafetyTo protect their workers from possible hazards in their workplace, the employers must provide them with adequate training seminars and programs on how to protect themselves on the job. If necessary, the companies must supply all the protective equipment and gears.Employers disregarding this right of the workers may be brought to the Division of Occupational Safety and Health.Right to RepresentationAll citizens, not just workers, who have been aggrieved, discriminated and/or harmed, have their basic right to legal represented. Therefore, in filing their respective claims and complaints, the affected employees may seek the assistance of Los Angeles employment law defenders who have the proper knowledge and skills in preserving their rights.This is certainly beneficial, especially for those workers who do lack the any background about the laws that safeguard their welfare. To add, labor attorneys can help their clients in establishing a strong case against their illicit employers.

Choosing to Use Employment Law Advisors – Employment Law

If you are an employer, then it may be a good idea to seek the advice of employment law advisors. They will help you to understand the ever changing complex UK employment laws which will essentially help to keep you in business.How Employment Law Advisors Can HelpIf you do employ people for your business then you are legally responsible for their welfare. There are so many different UK employment laws that you need to be familiar with, but the way that they are explained is sometimes difficult for employers to understand. That is why it is often a good idea to hire somebody who knows all about the different employment laws currently in force.Basically when you think of employment laws, there are a large number of factors that they relate to. You have laws regarding sick pay, wages, dismissal, health and safety and sexual harassment to name just a few. This means that you can easily find yourself on the wrong side of the law without meaning to and that could then result in a really large compensation claim. Also the reputation of your business would suffer and that could lose you potential customers.Ideally your company will have a booklet which clearly sets out all procedure and policies that employees need to know. It should cover what they should do in the event of an accident or an incident. You should also provide them with information regarding the complaints procedure if they have any problems. This is a legal requirement and all companies should have one.Another reason why an advisor might be able to help is because employers have to let their employee’s know about employment laws too. This would be a really difficult task if you don’t know the first thing about the laws yourself. So if you had an advisor they would be able to keep you updated and explain things clearly to you. You would then be able to pass on your knowledge to your workforce. You should explain everything via a booklet and that booklet should be looked at by your advisor before you print it.Overall if you do not provide your employees with all of the information that they need to make a complaint, they could take you to an industrial tribunal. This can cost a lot of money and you will need the advice of employment law advisors.

Employment Law Solicitors – 7 Essential Qualities to Look For! – Employment Law

Nobody needs to be reminded that due to the economic recession we are currently experiencing, times are hard for all businesses, whatever their size. Although it may not the first thing that comes to your mind if you are involved in running a business, clear, concise employment law advice should be strongly considered no matter what the economic climate, especially if you are looking to reduce the size of your workforce or review contractual terms and conditions. Consequently, here are seven tips on what to look for if you need employment law advice:1. Ensure it is affordable
2. Risk Management Service
3. Regular Employment Meetings
4. Ask for a Risk Management Report
5. An Employment Manual
6. Insurance Cover
7. Online Consultant ServiceEnsure it is AffordableIt is obvious to most people that you want to ensure you get value for money from the advice you receive. However, there are inherent dangers in seeking the cheapest option. There is usually a reason you are given a low estimate of costs and it may be that the person concerned lacks the experience that you require. Many firms of solicitors with employment specialists now offer HR and employment protection schemes that were previously the territory of non legal firms. The advantage of selecting a firm of solicitors who operate such a scheme is not only their levels of expertise but that they will be fully insured with a well established complaints procedure if things go wrong. Unlike most of the non legal companies, you should also be able to find a solicitor’s employment law protection scheme that only lasts for one year, which allows you to evaluate the service over that period before you decide whether to renew the service or not.Risk Management ServiceA good employment law advisor will first of all carry out a free risk management audit, which is basically a health check of your employment practices. A specialist employment solicitor will visit you to look at your personnel records, review procedures, uncover any weaknesses, and assess what needs to be done to improve any problem areas.Regular Employment MeetingsYou should also ensure that the scheme offers regular employment meetings, where the company you have hired will meet and talk with you or your HR department, management team and other key members of your team. This will enable them to understand and review your terms and conditions of employment, disciplinary and grievance procedures, absenteeism, flexibility, equal opportunities and redundancy arrangements and to make appropriate amendments.A Risk Management ReportFollowing your health check, you should ask for a comprehensive risk management report. This will review your current policies, practices and compliance with legislation. It will also include an action plan for any improvements that could reduce the risk of disputes with your staff.An Employment ManualIf you have made the right choice in hiring an employment law advisor, they will also supply you with an employment manual – an invaluable source of reference for good employment practice. This includes information on fair procedures for recruitment and absenteeism, guidance on how to draft employment contracts, a selection of over 100 specimen letters and forms, and many other aspects of good HR practice.Insurance CoverInsurance cover is also important. When you’re protected by insurance cover, you’ll no longer have to worry about the costs of defending an action brought against you by an employee as a high-quality policy will cover legal costs and expenses to defend employment disputes of up to £100,000 per claim. In certain circumstances, compensation awards that you’re ordered to pay by an employment tribunal and out of court settlements agreed by insurers will also be covered.Online Consultant ServiceIn this age of modern technology, it may seem like a given but some Employment Law Advisor do not necessarily offer online consultant services. By using an external consultant service you have control over exactly what HR services are delivered to you and how it is implemented.

At Last, Employment Law Legislation That Helps Business Owners – Employment Law

It seems that most employment law legislation is designed to make life harder for the employer and easier for every member of staff. From maternity laws to unfair dismissal, most laws seem weighted against the employer.That was certainly the case when the statutory grievance and disciplinary procedures came into force in 2004. They made it simple for an employee to make a claim for unfair dismissal. If an employer made even one mistake in following a grievance or disciplinary procedure, evidence of the mistake was enough to allow the employee to make a claim for unfair dismissal, even if the reasons for dismissal were genuine. This led to many claims for compensation being paid out when, had the correct procedure been followed, this might not have been the case. For small employers this burden and the costs of the compensation claims were often too much to bear.Sense has now finally prevailed, after much stress caused to employers, solicitors and Employment Law Tribunals, and the Employment Act 2008 finally obtained Royal Assent recently. This will come into force on 6th April 2009 and will redress the balance in these situations so that all the weight does not fall onto the shoulders of the employer.When the Employment Act 2008 comes into force the previous statutory grievance and disciplinary procedures will be repealed. The Employment Law Tribunal will now examine the facts of the case to see whether the employee followed the ACAS Code of Practice in a grievance or disciplinary procedure. Failure to follow the procedure now will not lead to an automatic unfair dismissal but to an increase in the amount of any compensation awarded of up to 25%. However, the employee will now be able to argue that even if they had followed the procedure, the employee would still have been dismissed. If they are successful, the amount of any award can be reduced by as much as 100%.This will make a significant difference to employers and could save hundreds of thousands of pounds of compensation for employers that cannot afford it, especially when technically they have done nothing wrong.

Employment Law – How to Make it Work For You in a Recession! – Employment Law

As every media outlet in the UK and beyond has been repeatedly telling us for the past couple of months, we are already in a period of economic recession. As you will also be aware, this means a tough time for businesses small and large. A topic that might not immediately spring to mind when you think of this, however, is that of Employment Law and in particular the risks you are taking if you your employment procedures are not compliant.For both employees and employers alike, this is an area that needs to be closely inspected in case the recession reaches the low point that it is forecast to reach. Yet it’s not just the consequences of the credit crunch which might lead you to look at Employment Law a little more closely. Over the past 20 years there has been a steady rise in the amount of employees taking their employers to court over decisions that they felt, after seeking legal advice, were not in accordance with Employment Law. This has particularly been the case over the past five years since the introduction of a huge amount of protective employment law and regulations that companies now have to comply with. Although much if it is the codification of simple good practice, there are a number of areas where companies continue to trip up – indeed, it can be a minefield.It can be a traumatic experience for all parties involved, not to mention for those connected to parties involved, which is why knowledge in this field of law is especially useful. Good advice will reduce any stress and worry involved, so that you can rest assured that your procedures are watertight and potential claims are limited.There are various reasons as to why an employee might take legal action against his former (or sometimes current) employer. Three of the most frequent reasons include Harassment, Discrimination, and Unfair Dismissal.Discrimination is a common complaint, particularly since the instigation of the Human Right Acts, and it can take a number of forms. The grounds on which people are discriminated against comprise of anything including:1. Sex
2. Race
3. Disability
4. Religious Belief
5. Age
6. Sexual OrientationInstances in which it is unlawful for an employer to discriminate against you on the grounds of these include:o Refusing to employ or consider you for a job
o Offering you a job on less favourable terms than others
o Refusing to promote or transfer you to another job
o Giving you less favourable benefits than a colleague
o Shortening your working hours
o Dismissing you or making you redundantThere is a huge amount of legislation relating to the different types of discrimination and it is imperative that your company complies rather than facing the consequences of not doing so. If a disabled person was to take legal action against their employer then they would do so upon the basis of the Disability Discrimination Acts of 1995 and 2005, for example. Another illustration of this would be the 1976 Race Relations Act, which makes it unlawful for your employer to discriminate against you on the grounds of your colour, nationality, ethnic or national origins.Harassment on the grounds of sex, including sexual harassment, is considered to be direct discrimination and is strictly prohibited by law. In broad terms, harassment can occur where: Unwanted conduct on any of the areas covered by the discrimination laws is apparent; an intimidating, hostile, degrading or offensive atmosphere is created; or the person is the recipient of embarrassing jokes, offensive jokes, pranks, or unwelcome physical or sexual advances.In addition to Discrimination and Harassment, there is the matter of Unfair Dismissal. If you are an employee and feel your employer has dismissed you unfairly then you might be able to make an unfair dismissal claim to an Employment Tribunal. However, in most instances you will need to have been employed for at least a year to make a claim. The onus is on you as an employee to show you have been dismissed and your employer to show they have a valid reason for dismissing you and acted reasonably in the circumstances. An important thing to note here is that (again, in most instances) a claim must be made within 3 months of the effective date of termination. Nevertheless, this may be extended to 6 months in some situations.Ultimately, it can only be beneficial to stay abreast of Employment Law to make sure you are treated fairly and treat your employees fairly, and it is important to get professional legal advice on any matter that might lead to legal action. This knowledge, in turn, will reduce any stress on your part, which any employee or employer will admit is a welcome consideration regardless of the economic climate.

How An Employment Contract Form Can Benefit Your Small Business – Employment Law

Small businesses often cannot afford expensive attorneys fees for mundane tasks such as hiring general personnel or contractors. This article tells you how a standard employment contract form can be used to reduce costs and protect your legal interests.An employment contract form is a standard agreement used by a small or mid-sized business to memorialize the duties and benefits of the employer and employee relationship. This type of agreement is particularly important for businesses that have intellectual property to protect, employ consultants and other contract workers, or who have a specific labor need to fulfill. A standard agreement is helpful in any employer-employee relationship.One of the benefits of a standard form is that it lays out the requirements of both parties at the beginning of the relationship, not the end when you’re already in a conflict. The process of writing up a formal agreement, reading, and signing it provides clarity and a sense of seriousness to things. The employee or consultant will feel a greater duty to get the job done, knowing that failure to do so will lead to either termination or being held responsible financially. The business gets an employee or consultant who is serious enough to sign a contract and is more likely to get the job done. The agreement may also lay out potential damages for failure to deliver specific items. This greatly simplifies the conflict resolution process by creating clear expectations and clear damages if they are not met.An employment contract form also has another benefit — it makes it more likely that the company will be viewed as following employment laws, rather than breaking or ignoring them. A classic example is a retail, agriculture, or basic services company that employs a large number of temporary and part-time workers. It is critical that both the company and the workers know their jobs are not full-time. For the company, this would mean paying a significant amount of additional health and retirement benefits. As most business owners and managers know, keeping unncessary costs under control is critical to profitability and survival. A basic work contract that specifically states that the job is only temporary or part-time and does not qualify for mandated benefits can eliminate future lawsuits.It is not necessary to employ a sophisticated and expensive employment lawyer to write custom contracts for the bulk of your normal employees or contractors. While such contracts make sense with executive or highly skilled job positions, the costs outweigh the benefits for small or medium sized companies employing mostly low level workers. In most instances you will never get into a conflict situation and if you do, the fine print often gets ignored in court when the opposing side may be uneducated or at a disadvantage. The best balance of cost, legal protection, and understandable responsibilities is achieved when you use a standard employment contract form.

Employer Record Keeping Requirements Facts – Employment Law

Got records? The Fair Labor Standards Act says that, as an employer, you need to have them. Employer record keeping requirements aren’t complicated; but they are necessary to ensure your small business is compliant with federal regulations.What is the Fair Labor Standards Act (FLSA)? It’s a federal law that sets employment standards for a range of issues, from minimum wage to overtime pay.The law dictates that employers are obligated to keep certain records pertaining to workers.The record keeping requirements say that employers must collect and maintain the following basic records for each employee:Full name and Social Security number
Full address (remember the zip code!)
Birth date, if the employee is younger than 19
Gender
OccupationIn addition, the Fair Labor Standards Act outlines the data employers are required to keep regarding wages and hours worked. Here are the employer record keeping requirements:Time & day of the week the employee’s work week begins
Number of hours worked each day
Total number of hours worked in each work week
Basis for the worker’s wages (For example, note if the employee is paid $10.00/hour, $400/week, or the rate paid for piecework.)
Regular pay rate per hour
Total daily or weekly regular time earnings
Total overtime earnings for the work week
Additions or deductions from the worker’s wages
Total wages paid each pay period
The date the worker was paid and the pay period covered by that paymentRecords must be retained for a specific time period. Employers can’t purge records whenever they need to free up files or disk space. The Fair Labor Standards Act says employers must keep the records at the workplace or a central records office for inspection by a representative of the U.S. Department of Labor Wage and Hour Division.Which employment records do you need to keep and for how long?Keep payroll records, collective bargaining agreements, sales and purchase records for at least 3 years.
Keep records that pertain to wage computations for at least 2 years. Examples of wage-related data include time cards, work & time schedules, wage rate tables, piecework records, and records of additions/deductions from wages.Is your business in compliance with record keeping requirements? Businesses who do not meet employer record keeping requirements are in violation of the Fair Labor Standards Act. What’s more, poor record keeping may expose your company to liability if it’s accused of wage and hour violations. Don’t open yourself up to FLSA violations or expensive liability.Small businesses run on people power. Employing those people, however, requires business owners and managers to meet a number of obligations outlined by the Fair Labor Standards Act. Here is part two of our guide to employer record keeping requirements.You may keep records by any method you choose. Although the Fair Labor Standards Act dictates which records you must maintain, it’s less particular about how you keep them. The only requirement is that the data is clear and accurate. In fact, the law specifically states the records must be accurate.When it comes to employer record keeping requirements regarding timekeeping, you have the freedom to choose a method that is right for your unique business situation, whether that entails paper time sheets or an online time clock.You must keep records for workers on fixed schedules, too. Even if employees work on a fixed schedule, record keeping requirements say you must maintain a record of that exact schedule and indicate that the employee worked during those hours. However, employer record keeping requirements state that when a worker deviates from that schedule, for example, by working for a longer or shorter period than they normally would, you must record the number of hours actually worked.You must notify employees about the Fair Labor Standards Act provisions. As a business owner, you are required to inform employees about the provisions of federal employment laws. Get a free official poster by contacting your local Wage and Hour Division office or by downloading it for printing from the Department of Labor.Invest the time to fulfill your record keeping requirements. Keeping employee records will definitely not be the most thrilling part of your work day; but it is necessary. Good documentation will keep you in compliance with the Fair Labor StandardsAct and protect you from employee suits involving wage and hour allegations.For complete information about federal guidelines regarding wages, employer record keeping requirements, and other employment issues, visit the Department of Labor’s Wage and Hour Division.

Could Cutting The Red Tape Stimulate Employment? – Employment Law

Deputy Prime Minister Nick Clegg has recently unveiled new plans to cut the red tape that keeps regulators “breathing down the necks of small businesses”. In addition, these plans are a deflection to the attacks from some members of the Conservative Party, who describe the Liberal Democrats as “red tape wielding zealots”. But what is Mr Clegg proposing and what effects will his plans have on employment growth?Culture Change.At the heart of Mr Clegg’s proposals is a culture change within Government. He proposes that company inspections should be limited to a bi-annual timetable and that on-the-spot inspections should be scrapped altogether. In addition, he is asking HMRC, the Environment Agency and the HSE to also loosen their regulations to “liberate small businesses from the grip of red tape.” His aim, he says, is for regulators to: “…intervene where necessary, offer advice and support, but otherwise let you get on with it.” Also included on his red tape ‘hit list’ is the obligation for shops to hold a Poisons Licence if they sell kitchen de-scaler and the necessity for pubs to fill in large numbers of forms if they want to hold small music events.Business leaders are welcoming the news, seeing it as evidence of the Government removing some of the major barriers preventing job creation. Steve Radley, the director of policy at the Engineering Employers Federation believes that the proposals will give small businesses “greater flexibility to respond to fast-changing markets.” With less red tape to govern them, small businesses will be able to break out into new and emerging markets and the stimulation of employment will be just one of the positive by-products.Further Proposals.However, the proposals also have their detractors. Unite’s general secretary Len McClusky has said that the Business Department are guilty of creating a “disgraceful reputation as a ‘do nothing’ department when it comes to saving jobs, let alone creating the tens of thousands needed, especially for those aged 16 to 24.” His fears are that: “The red tape challenge doesn’t include EU law. The Government has got to work harder to build an alliance with Europe. The fact we’re now going through a period of much weaker economic growth should help get more countries onside to take a new approach to employment law or risk undermining growth.”Other reforms included in the proposals centre around unfair dismissal. Under the new proposals, an employee would have to have worked for up to two years before they can launch a claim of this sort. In addition, employees who wish to make a claim before an employment tribunal will be charged a fee to do so. This fee will only be recoverable if the employee wins the case. Employee groups are already citing this as evidence of the further wearing away of employees’ rights. However, the UK Department for Business, Innovation and Skills believes that reforms of this sort will save businesses around £6million per year with a reduction of 2000 claims per year, giving them the chance to create new jobs and further employment opportunities.

Employment Law and the Airline Industry in 2011-2012 Considered – Employment Law

The airline industry has had a tough time in recent years, and right now things are getting even tougher. Fuel prices are going up, and many airlines are at capacity. They need to buy new airplanes which are more fuel-efficient but they are worried that fuel prices go up even further thus, it will not matter, because as they raise the price airline travelers will curtail their robust demand for flights – a definite catch-22.Indeed, as we’ve seen there is a big showdown brewing in the aviation sector when it comes to unions and industry. Not only are there storm clouds ahead for the airlines, but there is also turbulence for airline manufacturers in the courts, and the courts will be hearing more than their fair share of cases with regards to labor and employment disputes in 2011 and 2012.There was an interesting article which highlighted some of the issues going on with one airline manufacturer over a manufacturing facility being moved after labor talks broke down. The piece appeared in the New York Times on April 22, 2011 written by Steven Greenhouse and titled; “Labor Board Case Against Boeing Points to Fights to Come” – and so the battle between employees, labor unions, and big business go on.Many industry executives blame the Obama Administration and the Democrats as the historically they have been big supporters of big labor. Whereas, this is true and it gives the labor unions a big boost in the courtroom and with the regulators, the labor unions also have to be careful that they don’t kill the goose that lays the golden egg. Labor and industry must work together to produce the quality goods that are sold around the world.If our largest airliner manufacturer in the United States slows down its production, there are other companies all over the world willing to take its place, and deliver those orders to the airlines. In fact, China would like to take a chunk of the airliner manufacturing industry, and don’t forget Airbus in the EU as well. One question I would like to ask is that if an airliner manufacturer is providing jobs to Americans, what difference does it make if those jobs are union or not.Either way those jobs are paying a higher per hour rates or salaries than other manufacturing jobs in the US, and we all know that people need jobs whether they work union or not because everyone has a family to feed. If we allow our court system and our federal regulators to take down our industrial base, we won’t have one. The airline industry doesn’t need any more bird strikes in 2011. Indeed I hope you will please consider all this and think on it.