In the creation of new businesses, business owners can be overcome with the stresses of managing the employees. The act of management does not simply encompass the concepts of macro and micro management but furthermore compliance with laws pertaining to the benefits of employees. The Fair Labor Standards Act (FLSA) dictates how an employee must be treat and explains their unalienable rights. Compliance with these Labor Laws must be maintained at all times. Failure to comply can result in lawsuits and worse, the seizure of your company and assets. The best way for any employer to prepare starts with hiring a management labor attorney. With so many rules and regulations, it can be incredibly easy to get lost, furthermore, these laws change fairly frequently. An attorney with considerable experience in the field of management and law, will prove to be a beneficial decision. Nevertheless, here are a few issues that may arise in managing a business and the consequences of these laws not being followed.
Overtime offers great benefits to both employers and employees. The employers gets more work done and the employees gains extra money for more hours. However, overtime is not a fool-proof system and sometimes things aren’t always what they seem. The Fair Labor Standards Act deems it acceptable for any non-exempt employees to be paid overtime after 40 hours of work has been completed in that week. According to the Department of Labor, the rate of overtime pay must be at least one and one half times the regular rate of pay. Attaining the correct amount and understanding if overtime pay is due proves to be a difficult task.
Some employees claim that they weren’t appropriately paid or even paid at all for the extra time that they put in.
In these cases, devising a policy explaining the specifications of overtime and how employees will be paid can help calm the storm of possible lawsuits. Contacting an attorney that specializes in management and labor law will offer employers with the guidance and foresight to alleviate any future issues that might arise. A disgruntled employee can prove to be a continuous pain. Laying out a set of rules can be the best way to combat any issues, hence, hiring an attorney would be the best policy.
Meal Time Violations
Another guaranteed law of the Fair Labor Standards Act relates to meal time. Like most laws, meal time laws differ from state to state. Unfortunately for large enterprises or franchises, each location requires a different set of rules as it pertains to lunch breaks. Failure to correctly specify time for meals can result in miscalculated pay and meal time violations. As stated previously, a disgruntled employee is never a good case.
Due to their knowledge of the laws in specific places, the differences and what legally constitutes a meal break, a management labor attorney would be the most equipped to handle all questions and select a specific plan to prevent the course of future claims.
Similarly, the most frequent of complaints and source of claims concerns errors is pay. Payroll errors can equate to not only can inaccurate rounding of hours but the failure to pay for work related travel. Employees want to be paid or compensated adequately for the work that they are able to accomplish. A management labor attorney can aid this process by helping a employer to create a dedicated plan or system to adequately compensate their employees.
Prevent False Work Claims
Workplace Safety is one of the most important aspects to maintain in the development of any business. Failure to maintain compliance with the rules and regulations of the Occupational Health and Safety Act (OHS) can almost always spell disaster and an instant court case. The Occupation Health and Safety Administration deem it a duty for employers to maintain a workplace free from hazardous materials and objects.
If injured at work, employees will be quick to jump to lawsuits as they are in fact entitled to a safe environment. Hereby, adhering to the rules created by the Occupational Health and Safety Administration, false work claims can be prevented.
Charges against unfair labor practices must be made within 180 days of the occurrence and the parties have 15 days to resolve their differences before it is to be taken to a higher power.
No matter what kind of business an employer might be running, compliance with labor laws is incredibly important. As stated above, failure to do so can result in complications with your business both legally and financially. The best way to protect a business would be to include an attorney in the creation of your policies and as the labor laws are complied with, continue to use the attorney to maintain accountability.