What are the compliance issues & agencies that a small business has to deal with at the state & federal level? What are the consequences for non-compliance for each of these issues? At what level of employees is a small business exempt from these issues? Which of these issues are watched most carefully by regulators and carry the biggest risk for a small business?
Answer: Federal and state labor laws are very complex, and there is no easy summary of non-compliance and penalties. You can obtain considerable state and federal labor law information by searching for your particular state.
American with Disabilities Act (ADA) legislation applies to employers with 15 or more employees. You can review ADA information at the following website: A Guide to Disability Rights Laws: ada.gov
You can review Occupational Safety & Health Administration (OSHA) information at the following website:
ERISA is a Federal law that affects the administration of certain employee benefit and retirement plans. You can review a comprehensive explanation of ERISA and filing requirements at the following website:
Family and Medical Leave Act (FMLA) applies to companies with 50 or more employees:
The Fair Labor Standards Act (FLSA) covers minimum wage and overtime requirements and applies to businesses of all sizes unless there is a specific exemption:
Workers’ compensation laws generally vary by state:
While some labor laws do not apply to small businesses, the complexity of labor laws at the federal and state level and the liability risks generally require that all employers review their business operations and employment policies and procedures with an attorney to ensure compliance in order to avoid penalties and lawsuits.