As a business owner, you know that following the business laws of your industry is a key part of success. However, it’s also essential to understand — and follow — key federal employment laws. Compliance with employment law isn’t just ethical. It’s also important if you want to avoid costly and time-consuming litigation. Here’s a quick look at how to protect your business by remaining compliant.
Any kind of regulatory compliance can be challenging, but federal employment law is especially complex. An experienced business lawyer can get to know your company and help you develop a customized compliance plan.
Key Federal Employment Laws
You might already be familiar with major federal employment laws. These laws are designed to protect the safety of workers and make sure they’re treated fairly:
- Fair Labor Standards Act: Standardizes certain wages and overtime pay
- Employee Retirement Income Security Act: Creates standards for many employers offering pensions
- Family and Medical Leave Act: Requires most employers with 50 or more employees to provide leave for many serious illnesses
- Occupational Safety and Health Act: Creates standards to keep employees safe at work
- Title VII of the Civil Rights Act of 1964: Bans discrimination based on protected characteristics.
The descriptions here might sound simple, but each of these laws has its own intricacies. The right lawyer can help you make sense of them and remain compliant.
Texas and Local Employment Laws
Federal Employment Laws Aren’t the Only Ones to Worry About
Your company is obligated to follow at least some federal employment laws. However, unless all employees are federal employees, you also must follow state and local laws. These are some of the most important Texas employment laws:
- The Payday Law: Outlines procedures for employees who believe they were paid unfairly
- Texas Minimum Wage Law: Sets minimum wages and requires employers to give employees specific information about pay rates
- Right to Work Laws: An employee can’t be granted or denied employment specifically because of membership or non-membership in a union.
As a Texas employer, you must follow all state employment laws. Some localities have their own laws as well.
Wage and Hour Compliance
The Fair Labor Standards Act (FLSA) orders employers to pay a minimum wage to employees. If a non-exempt employee works more than 40 hours in any given week, they must be paid overtime of at least 1.5 times their hourly wage. Texas follows the federal minimum wage, but some localities might require a higher minimum wage.
Of course, like any law, the FLSA could change in the future. It’s essential to monitor this and any other relevant laws to ensure you make the necessary changes to stay compliant and reduce the likelihood of employment disputes.
Preventing Workplace Discrimination and Harassment
Discrimination and harassment in the workplace are illegal, but preventing them is much more than a matter of simple compliance. If your company gains a reputation for encouraging a hostile work environment, you might find that hiring new workers becomes a challenge. If current employees face discrimination or harassment and believe you don’t handle it appropriately, you might lose some of your best workers, too.
Creating Effective Employee Handbooks and Policies
Your business should understand and comply with relevant employment laws, but you should also educate your employees about those laws and the steps you take to remain compliant with them. Generally, the best way to do that is to draft detailed policies and employee handbooks. These should be thorough enough to cover all relevant laws, but they should also be written in a way the average person can understand. Drafting these documents can be tedious, but it’s not something you should rush through.
Your policies and handbooks are evidence of your legal compliance — and that means the wording you use is vitally important. At Weisblatt Law Firm, we’ve drafted countless policies, contracts, and other legal documents for businesses like yours. Call us at (713) 666-1981 and book your free phone consultation today.
Hiring and Firing Best Practices
Many employment lawsuits arise because an employee or candidate believes they were treated unfairly during hiring or firing. Follow these best practices to protect yourself:
- Always focus on an employee’s experience and skills (not their demographics) before hiring.
- Treat candidates and employees with respect and kindness during hiring and firing.
- When firing an employee, plan the termination meeting ahead.
- Keep all termination meetings private.
- Keep policies consistent and document any issues with employees.
These are just a few steps to take. You should always discuss your current hiring and firing practices with your business attorney before making any changes.
Managing Employee Performance and Discipline
Understandably, if an employee does not meet performance expectations, you may determine that the best option is to dismiss them. However, there’s nothing to stop them from filing a lawsuit against you for unfair dismissal. When it comes to performance, the best way to cover yourself is to draft a detailed list of standards and job duties. If you see an employee falling short, document those shortcomings and talk to the employee to give them a chance to correct the problem. If you take these steps before firing an employee, you’re much more likely to be protected in an employment lawsuit.
Dial In Your Compliance Policy With Weisblatt Law Firm
Compliance Can Be Complicated — We Can Make It Simple
Regulatory compliance is notoriously tricky, and it’s not something you want to learn on the fly. Even a seemingly small mistake can lead to hefty fines, legal sanctions, and reputational damage that’s very difficult to undo. With the right business lawyer, you can implement a plan that keeps your business safe and your employees happy and supported. The team at Weisblatt Law has helped countless businesses, and we might be able to help you, too.
Staying compliant with employment law is essential. Get in touch with us to start developing a compliance plan that lets you lead with confidence. Call (713) 666-1981 today to get started with a free phone consultation.
Attorney Andrew Weisblatt
Mr. Weisblatt has practiced continuously since becoming licensed in 1992 and has represented businesses ranging in size from one person start-up ventures to multi-national corporations employing hundreds of people in multiple countries. From 2005 through 2009 Mr. Weisblatt was in-house counsel and chief operating officer of a multi-national corporation in the steel products industry. That in-house position provided valuable insight into how businesses work and what they actually need from their lawyers – both in-house and outside counsel. Attorney Bio
