One of the most exciting stages of a start-up is when you’re ready to start hiring employees. It’s a solid indicator of growth, and increasing your team size can take some of the burden off of the founders. However, it’s not as easy as just paying someone an agreed-upon wage for certain work. There are state and federal laws that govern nearly every aspect of employer-employee relationships.

It’s usually easier to start doing something correctly from the beginning than to try to retroactively correct issues. Working with an employment law attorney at the beginning stages of your start-up can help you avoid issues later on and give you a framework for how to hire and manage your team as your business continues to grow.

What Employment Laws Do Start-Ups Need to Be Aware Of?

Employment laws in Georgia are many and varied, but it’s important to be familiar with all of the laws that apply to your type of business. Here are some of the most important types of employment laws to be aware of:

  • At-will employment
  • Right-to-work laws
  • Hiring immigrants
  • Drug testing
  • Maternity and parental leave
  • Vacation and sick leave
  • Lunch and rest breaks
  • Minimum wage laws
  • Child labor laws

If you have questions about any of these aspects, contact the team at InPrime Legal.

How Do You Classify Employees?

Any person that your business works with will need to be properly classified for legal and tax purposes. Generally, you will categorize workers as either employees or independent contractors. This classification is very important because it determines whether you will need to take withholdings out of the worker’s pay for things like taxes, Social Security, and Medicare.

If the worker is being classified as an employee, they will need to be categorized as either full time or part time. If you hire an employee to work full time, there are specific state and federal laws about what benefits you may be responsible for offering. How you classify employees also has a bearing on things like eligibility for workers’ compensation and unemployment, so it’s crucial to ensure that you are classifying workers in accordance with state and federal laws.

What Are the Legal Requirements for Providing Accommodations for Employees With Disabilities?

Providing accommodations to employees with disabilities falls under the federal Americans with Disabilities Act. This act prohibits businesses from discriminatory practices against those with disabilities, and this includes failing to provide reasonable accommodations in the workplace. This often arises because “reasonable” is a subjective term, and it can be difficult to determine whether an accommodation is reasonable and therefore required.

In general, accommodation requests are reasonable as long as they don’t undermine the essential function of the job or cause the employer to lower their standards regarding work production. Reasonable accommodations may be things like improving wheelchair accessibility, providing text-to-speech for those with visual impairments, or allowing hybrid work arrangements.

Are There Rules for What Has to Happen Before an Employee Can Be Fired?

Because Georgia is an at-will employment state, you can generally terminate an employee at any point. However, there are some exceptions. As an employer, it’s illegal to fire an employee for any reasons that might violate any federal civil rights laws. This generally includes reasons related to the worker’s age, disability, nationality, race, or sex. You also cannot terminate an employee for retaliatory reasons, such as if they file a lawsuit against the company or file a workers’ compensation claim.

Even though legally you can terminate a worker for any reason and at any time, it’s a good idea to follow a standard procedure to avoid any appearance of favoritism or discrimination. Having a disciplinary action plan in place, including what constitutes grounds for a write-up and how many times an infraction can occur before the person is terminated, can bring clarity for both the employer and the employee.

If you need help understanding the state and federal employment laws that may be relevant to your start-up business, call 770-282-8967 to speak to a member of the team at InPrime Legal. Our attorneys can answer your questions and help ensure that you are in compliance and understand what your legal rights and obligations are as an employer.