Employment Laws Businesses Should FollowSep 06, 2023
- Is the Worker an Employee vs Independent Contractor – this is a legal determination, and businesses can’t just call a worker one when the worker is really the other. There are payroll and tax implications here, so businesses really need to get the classification correct. if the business does not get the classification correct, the company could owe employees overtime and be subjected to penalties and fines
- Hourly or Salary- Just because someone is a manager doesn’t mean he/she are paid a salary without overtime. if the business wants someone to work 50 hours a week and not pay overtime, the answer isn’t always to pay him/her a salary. The determination of whether to pay hourly or salary are legal determinations, because some people who are on a salary still are entitled to overtime as well. This depends on whether the worker fit within an exemption to the law, and their job duties.
- Even though it’s a Company policy- it may need to be adjusted for employees with mental health and other medical issues, like anxiety depression and for religious beliefs that don’t conform to the company's policy. These are things like remote work, dress code policies, workstations, work schedules
- Laws apply to prospective employees as well as current employees If the business has an interviewee with ADHD who needs a different set up for the interview, or if the business does not hire the pregnant employee or is only hiring Gen Z employees- this could all end the company up in legal trouble
New and already established businesses should reach out to employment counsel to make sure the company is set up properly, and is not inadvertently making mistakes that could end up in a lawsuit.
Karly Wannos, Esq., of the Wannos Law Firm, PA is an employment attorney in Florida. She helps companies comply with the employment laws through legal guidance, customized workshops and trainings and preparation of legal documents and employee handbooks.
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