Following and staying current on all federal and state labor rules and regulations is critical to running a business. This undertaking may be challenging for small organizations without in-house HR staff and legal assistance. However, lacking resources is not an acceptable justification for breaching the law. It is vital to remain on top of these concerns because labor and employment laws are among the most easily broken. For legal advice, speak to a wage and hour attorney today.
Labor laws you should know.
Your company must follow the federal labor laws listed below.
FMLA and employee leave
The Family and Medical Leave Act is an often misunderstood piece of labor legislation. This Act compels private-sector employers with 50 or more workers to offer qualifying employees a total of twelve weeks of job-protected unpaid leave for established medical and family reasons within the course of a year.
It is critical to comprehend the details. In addition to highly strict coverage and qualifying standards, the FMLA bans employers from interfering with, obstructing, or rejecting any rights given by the statute.
Employers can also help to reduce employee misuse of the FMLA. As an employer, you should carefully review employees’ reasons for taking time off via an employee request form and obligatory medical certificates. You can then decide if an employee’s absence fits the legal requirements for FMLA leave.
NLRA’s role with nonunionized employers
Even if your firm does not employ unionized workers, the National Labor Relations Act applies to you. This statute, which applies to most private companies, allows employees to unionize, collectively negotiate, and participate in a coordinated activity for “mutual aid or protection” – often known as Section 7 rights. These rights include the ability to discuss job terms and circumstances such as salary.
The National Labor Relations Board’s hardline approach to workplace social media laws has proven troublesome for companies. Although most businesses limit what their employees may post on Twitter or Facebook, such attempts might backfire if the policies violate Section 7 of the NLRA. Employers should carefully construct their social media rules in their employee handbook and, if necessary, obtain legal guidance to verify that they are not restricting authorized online activities.
However, during the Trump administration’s tenure, the NLRB became far more favorable to employer practices. In December 2017, the board overturned a precedent that made it simple for an employee to object to regulations that they considered may be “reasonably construed” to infringe on their Section 7 rights. Before deciding whether a regulation violates employee rights, the board considers an employer’s rationale for enacting the policy.
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