<img height="1" width="1" style="display:none" src="https://www.facebook.com/tr?id=690758617926394&amp;ev=PageView&amp;noscript=1">
Skip to content
Mega Menu_newspaper_438174_24px Payroll Country Blog

Your constant source for helpful, useful, and entertaining content about payroll, human resources or anything else that will help you manage your workforce.

Mega Menu_Video Series_clapper_438174 Video Series
PeopleWork

Conversations with experts in a wide range of HR/HCM topics, for the benefit of anyone whose job it is to manage a workforce or take care of people.

Ashley Explains

Our Implementation Manager Ashley Hamilton gives you the facts about tax, labor laws, and a whole lot more.

Unfiltered HR

Our very own Jen Strait and Emily Martin from Ally HR Partners tackle common HR issues and provide practical advice to help you manage your workforce more effectively!

Mega Menu_Demo Video Library_video-player_438174 Demo Video Library

Welcome to our comprehensive - yet growing - library of instructional how-to videos that focus on a variety of functions across our software platforms. Scroll down and filter by category or use the search bar to find exactly what you're looking for.

Mega Menu_Resource LIbrary_book_438174 Resource Library

A robust library of guides, kits and tools designed to educate and support anyone responsible for payroll, HR or managing a workforce of people.

Mega Menu_Employer Guides_user-guide_438174 Employer Guides

An extensive and ever-growing library of super handy employer guides on everything from human resource topics, important Labor Law updates, how to approach payroll for your company's industry, and much more.

Mega Menu_Software Downloads_download_438174 Software Downloads
Software Downloads

Quickly reference and download software platforms, installation guides, middleware and other critical files you may need as a client to properly process critical payroll and HR functions with Complete Payroll. 

Mega Menu_What Is Payroll Country_landscape_438174 What is Payroll Country?

In Payroll Country, people come first, manners aren't optional and a job isn't done until it is. Sure, we're headquartered in a small, rural town. But Payroll Country isn't just where we're from. It's our philosophy of how business should be conducted. Welcome!

Mega Menu_Careers_career_438174 Careers
Careers in Payroll Country

It's not about where we work, it's about how we work. And, more importantly, how we work together.

Mega Menu_Client Referral Program_teamwork_438174 Client Referral Program

Earn payroll credit for bringing your colleagues and friends to Payroll Country!

Mega Menu_Client Testimonials_rating_438174 Client Testimonials

Check out what some of our most loyal clients have to say about their Payroll Country experience, or leave some kind words about your own. 

Labor Laws Employers Should be Aware Of

December 04, 2018

Written by Complete Payroll

labor law employers car and buildings

labor law employers car and buildings

Periods of growth are particularly exciting for small and midsize businesses, but they also bring new HR challenges. Along with adding employees—which may change the feel of your culture as well as your floor plan—your organization may become subject to federal and state laws that take effect once you have a certain number of employees. Most employment laws apply to organizations based on the number of people they employ, so as you grow, it’s vital to keep up-to-speed on any laws that newly apply or will soon apply to your organization. 

New Call-to-action

Federal Laws

To understand the scope of many of the federal laws discussed below, employers need to know the definition of discrimination. In the context of employment law, discrimination means taking any adverse (or negative) action against an employee. Adverse action includes but isn’t limited to the following:
  • Failure to hire
  • Failure to train or offer an opportunity
  • Failure to promote
  • Failure to offer an accommodation required by law or offered to a peer
  • Offering a lower wage or salary than to a peer
  • Offering fewer benefits than to a peer (e.g. vacation, 401(k), bonuses, covered expenses)
  • Taking more aggressive disciplinary action, including any of the above, than with a peer
  • Reducing pay or benefits
  • Transferring to a less desirable position, shift, or location
  • Demotion
  • Termination

Americans with Disabilities Act (ADA) – 15 employees

The ADA protects qualified individuals with disabilities from unlawful employment discrimination and requires an employer to make reasonable accommodations for disabled individuals unless doing so would place an undue burden on the employer.

Title VII of the Civil Rights Act – 15 employees 

Title VII prohibits discrimination on the basis of race, color, national origin, religion, and sex. Note that a number of courts have ruled that sex includes sexual orientation and gender identity, and the Equal Employment Opportunity Commission, which enforces Title VII, also operates as if sex includes sexual orientation and gender identity.

Pregnancy Discrimination Act (PDA) – 15 employees 

The PDA amended Title VII of the Civil Rights Act to specifically protect individuals from discrimination based on pregnancy, child birth, or any related medical conditions. It defines pregnancy as a temporary disability for which reasonable accommodations are required.

Genetic Information Nondiscrimination Act (GINA) – 15 employees 

GINA makes it unlawful for employers, employment agencies, unions, and training programs to discriminate against an individual because of genetic information. Genetic information most commonly comes to an employer as family medical history, but it also includes DNA information acquired through testing.

Age Discrimination in Employment Act (ADEA) – 20 employees 

The ADEA prohibits discrimination against those 40 and older as well as age preferences or limitations in both posting and practice. It forbids mandatory retirement ages except for certain executives and high policymakers who are over 65 and entitled to deferred compensation of a minimum dollar amount per year.

Family and Medical Leave Act (FMLA) – 50 employees 

FMLA allows qualified employees to take job-protected leave to care for themselves or a close family member with a serious health condition. It also prohibits discrimination or retaliation against employees for taking leave under the Act. 

Employer Mandate of the Affordable Care Act (ACA) – 50 full-time equivalents 

The Employer Mandate requires employers with 50 or more full-time equivalent employees (30+ hours per week) to offer minimal essential health coverage at an affordable rate to all full-time employees.

State Laws

Some states are heavy regulators (think West Coast and Northeastern states, in particular), while others are content to add little to what is required by federal law. The laws below are either relatively common or gaining steam in state legislatures, so they should be on your radar. The HR Support Center can help you learn about them and other applicable laws in the state or states you operate in.

Additional Protected Classes – Varying employee counts

Many states have their own civil rights laws that looks much like Title VII, but often take effect at a lower employee count and include additional protected classes. Some of the most commonly added protections are for sexual orientation, arrest records, off-duty use of legal products, consumer debt garnishment, credit information, and marital status.

Pregnancy Accommodation Expansions – Varying employee counts

These laws require that employers provide specific workplace accommodations, even if the employee isn’t suffering from a pregnancy-related disability. Many of the accommodations must be provided without a doctor’s note, such as additional food and water breaks, seating, and reasonable lifting restrictions. Employers may still ask for a note for other accommodations, such as flexible scheduling or light duty, but an employee will not need to prove that they are disabled. Employers do not need to provide accommodations if doing so would create an undue hardship, but the significant difficulty or expense standard for undue hardship is hard to meet.

Paid Sick Leave – Varying employee counts

The paid sick leave laws passed so far share some common elements. Notably, employers are typically required to offer at least one hour of paid sick leave for every 30 or 40 hours worked, and employees can use their leave to care for themselves or a family member (most states also allow the time to be used in case of domestic or sexual violence). The laws vary most—though still not dramatically—with respect to which employees are eligible and when, and what kind of documentation can be required to prove that employees used the leave for a permissible purpose. Some states allow smaller employers to provide unpaid leave. 

Criminal History Inquiry Bans – Varying employee counts

Often referred to as “Ban the Box,” these laws prohibit employers from asking about criminal history either until an interview is scheduled or a contingent job offer is made to the candidate. There may also be specific notice requirements if an employer decides not to hire an applicant because of their criminal history. 

Salary History Inquiry Bans – Usually all employers

These laws prohibit employers from inquiring about a candidate’s current or previous wages, whether directly or through a third party. Some salary history inquiry bans are stand-alone laws, while others are part of larger equal pay acts.

Social Media Privacy – Usually all employers

Most of these laws share some themes. First, they prohibit employers from requiring or requesting that employees or applicants disclose their login credentials. Second, the laws say employers can’t require or request that an employee or applicant access their personal social media in the employer’s presence or add the employer (or one of their employees) to their contacts or friends list. Third, the laws prohibit retaliation or failure to hire should an applicant or employee refuse such requests for access.

New Call-to-action

DISCLAIMER: The information provided herein does not constitute the provision of legal advice, tax advice, accounting services or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional legal, tax, accounting, or other professional advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation and for your particular state(s) of operation.

Get Instant Blog Notifications

Need Help?

Talk to Us