EMPLOYMENT LAWS THAT EVERY SMALL BUSINESS OWNER SHOULD KNOW ABOUT
(BUT MAY NOT)
By David R. Feakes, Esq. You work hard to keep your business running smoothly. You spend countless hours generating new revenue, dealing with vendors, paying bills, and keeping current of the myriad federal and state tax reporting requirements. You scarcely have time (or the inclination) to learn about the federal and state laws that govern your workplace. But if you own a business in Massachusetts and have employees, you should know about these laws that govern your workplace and affect your relationship with your employees:
WAGE AND HOUR LAWS
Are you familiar with federal and state wage and hour laws? These laws, applicable to virtually every Massachusetts employer, govern not only wages and hours, but also overtime, holiday time, vacation pay, jury duty, and the obligation to pay wages and vacation time upon termination of employees.
DISCRIMINATION AND SEXUAL HARRASSMENT LAWS
Did you know that employers with six or more workers are required to adopt specific written sexual harassment policies and are required to comply with Massachusetts anti-discrimination laws. These laws protect employees from employment decisions based upon an employee's protected class status (race, color, religion, national origin, gender, sexual orientation, ancestry, age, and handicap), and from sexual harassment in the workplace. Even if you employ less than six workers, your employees may have rights under other state anti-discrimination statutes, including the Equal Rights Act, Civil Rights Act, and Equal Pay Act.
PERSONAL RECORDS
Are you complying with Massachusetts personnel records law? As of November 5, 1998, employers are required to provide employees an opportunity to review their personnel records within five days of the employee's request.
TERMINATION REQUIREMENTS
Do you know what information and documentation must be provided to a terminated employee on the employee's last workday? A partial list: Knowledge of these laws is no guarantee that an employee will not file a claim against your business or individuals within the business. However, knowing your obligations and following through is critical if you or your business is forced to defend a claim. If you do not have the time (or the inclination) to learn the laws that govern your workplace, at least know when to seek the advice of a competent attorney. David R. Feakes is an attorney in Littleton, Massachusetts. He advises Massachusetts businesses and individuals on employment and professional liability issues. The information presented is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. |