Legal Basics For Employers
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Frequently Asked Questions - Employment
Q: How much do I have to pay my employees?
A: This depends on the employee. Generally, if the employee is not in an executive, professional, or supervisory role, you would have to pay the individual at least minimum wage. The federally mandated minimum wage was $5.15 per hour for ten years, until Congress enacted the Fair Minimum Wage Act of 2007, resulting in a July 24, 2007, increase to $5.85. The Act provides for two more 70 cent increases on the same date each in 2008 and 2009. State law should also be consulted because it may require a higher minimum wage than the federal minimum wage law, in which case the higher state wage would have to be paid. Keep in mind also that some industries and other categories of employees may fall under certain minimum wage exemptions.
Reliable Employment Law Advice for San Diego Employers
At the law firm of Warren Paul Beck, Attorney at Law, we help small to midsized employers develop and implement sound personnel policies, respond to legal and administrative complaints, and find ways to minimize the risk of liability to employees and regulatory agencies. Contact us in San Diego for a free consultation about your employment law needs.
Employment, Employer - An Overview
Hiring
When hiring a new employee, an employer must be cognizant of state and federal laws that govern the hiring, compensation, treatment, and termination of all employees. For example, employers must be familiar with Title VII of the Civil Rights Act of 1964 (Title VII). This statute forbids the use of race, color, national origin, religion, and sex in all hiring, employment and termination decisions. Also, the employer must follow federal laws concerning documentation. I-9 immigration status forms and W-4 tax forms are critical documents that every employer must record and preserve on a regular basis.
Employers must also adhere to state laws that govern hiring and certification of new employees. This could include notifying a State Department of Labor of a new hire or registering as a new employer. Some employers may want to administer certain tests to new employees that identify drug use or possible psychological problems. Before doing so, an employer must be familiar with laws governing how tests may be performed. Because employees generally have a right to personal privacy, an employer should consult an employment law attorney before submitting potential hires to psychological tests, drug screening processes, or inquiring into sexual behavior or alcohol use.
Hiring
There are a number of required steps that need to be taken before an employer begins hiring employees. An employer must first obtain an employer identification number through the Internal Revenue Service. The employer also needs to set up a payroll system to withhold federal and state income taxes from an employee's wages.
Compensation
If your business has employees, it is in your best interest to retain an experienced and skilled employment law attorney. Federal and state employment laws concerning wages and overtime are complex and impose significant responsibility on employers.
Leave
There are two employee leave laws that are of particular importance:
- The Family and Medical Leave Act (FMLA)
- The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
Family and Medical Leave Act (FMLA)
The Family and Medical Leave act allows a covered employee can take up to twelve weeks off of work for certain family responsibilities. These responsibilities include the birth of a child, care of a sick family member, adoption of a child and an employee's own sickness. This leave is taken as unpaid and there is nothing within the law that requires an employer to offer paid leave.
Termination
Most employment is termed "at-will" employment. This means that the employer can fire an employee for any legal reason, at any time. This latitude also applies to the employee. An employee can quit for any or no reason without any notice to their employer. This area is generally covered by state law. However, there are similar federal provisions that prohibit unlawful or discriminatory firings. If you are faced with issues regarding hiring and employment consult an attorney.
Employment, Employer Resource Links
United States Department of Labor
This site features all of the federal government information of employment practices and laws regarding such things as wages and hiring. This site also provides links to state law documents.
United States Equal Employment Opportunity Commission (EEOC)
This site provides an overview of laws within the scope of the EEOC. These laws include Title VII of the Civil rights Act of 1964 and the Age Discrimination in Employment Act of 1967. The site also features a short question and answer section.
Official United States Government Website
The official U.S. government website provides both general information and also access to online forms for use by an employer. Links to the IRS and the United States Citizenship and Immigration Service are provided.
Legal Information Institute
This site provides general legal information about employment law. The site also provides information on specific employment related subjects such as pensions and workers' compensation.
Occupational Safety and Health Administration
This site provides detailed information on safety standards that have to be followed in most industries. This link is both employee and employer centered.
