Employees who violate employment law either intentionally or unintentionally risk serious consequences for any business in the USA.
Even while you can’t expect all of your employees to be legal specialists (this is one of the many reasons a business should have an attorney on retainer), your managers should be educated on the fundamentals. If not, you put your business at risk of legal action.
While there are many guides and resources you can utilize to keep staff members up to date on compliance with the many areas of employment laws in the USA, there are, in particular employment regulations that every manager should know. The Employment law attorneys in San Diego are expected to be educated about such laws in the USA.
Top Five Employment Laws in the USA:
These are the top five laws that every manager in the USA needs to be aware of, and they are as follows:-
- National Labor Relations Act or NLRA
This law safeguards employees’ freedom to express concerns about their working environment. This implies it’s against the law for you to forbid or discipline employees for complaining about their schedules or discussing their wages.
Although this legislation is frequently considered a union-only law, it also applies to your company. And hence managers associated with corporates in the USA require knowing about the law. Managers should encourage their staff to talk about pay and other aspects of the workplace.
Naturally, a manager shouldn’t divulge information personally, but there shouldn’t be retaliation against staff members who speak out about their experiences working for your organization.
- Family Medical Leaves Act
Although the majority of employees and management teams are aware of the 12 weeks of paid leaves that are provided to workers for bonding with a new baby, the FMLA offers much more. You can be eligible for leave if you or a family member has a serious illness. For the placement of a foster child, you may even be eligible for paternity leave.
While managers do not accept or deny FMLA petitions, they should be aware that if an organization with more than 50 employees becomes very ill, the worker may qualify for FMLA protection. Additionally, the worker has the option of taking periodic or lengthy leaves of absence.
If an employee tells a manager that she or a member of her family has a serious illness, the manager should let her know that the FMLA may provide some protection and should urge her to get in touch with the HR department promptly.
- ADA or Americans with Disabilities Act
This law, which shields people with disabilities from unfair discrimination, applies to businesses with 15 or more employees. Managers should be aware of this act for two very significant reasons.
A person cannot be discriminated against based on their disability, and employers are required to provide “reasonable accommodations” to employees who require them to perform their jobs.
Also Read: How to Become a Lawyer
- Title VII
This law guards against discrimination against individuals based on their race, religion, color, creed, nationality, or pregnancy status. Racial discrimination is illegal, even if your objective is to enhance the proportion of minorities in your workforce. Additionally, you cannot treat a woman differently than any other applicant for a job if she shows up for an interview when seven months pregnant.
This law covers project assignments, discipline, and firing. It is forbidden to discriminate based on gender, pregnancy, race, national origin, or any other protected class. Managers must receive this training.
- Age Discrimination in Employment Act (ADEA)
Although this statute frequently gets grouped in with Title VII when discussing discrimination, it truly stands alone and protects those over 40. Although it is allowed to discriminate against workers under 40 (you’re too young for the job! ), it is illegal to claim that an employee is “too old for the job.”
Stop hiring candidates based on age. Make no age-related jokes and refrain from inquiring about retirement plans from senior staff. Only the employee has the authority to decide.
These are some of the areas of employment law in the USA. However, if managers are not aware of these rules, they may unintentionally violate them.
Managers do not need to be specialists in any of these fields, and human resources personnel should always be there to guide a manager through any circumstances that arise. You’ll save your company a tonne of hassles and perhaps even avoid litigation if you make sure your managers are aware of when they need to contact HR.
However, it is best advised to hire a professional employment law attorney in San Diego. Some websites offer services about employment laws in San Diego. Visit such websites to know more about such services before hiring professional attorneys related to employment laws.
Also Read: San diego employment law in 2022