Explaining Complex Employment Law to Clients
Labor and employment law regulations are complicated, but they are an integral part of doing business and ensuring that you are operating legally. These laws are often nuanced, and it’s not always clear how they apply to certain situations, which is why it’s important for all businesses to have legal representation.
When you need an employment lawyer, call the team at InPrime Legal or complete the “Contact Us” form. Our team will promptly connect with you. We can help you better understand the state and federal laws surrounding hiring, managing, and terminating employees.
What Parts of Employment Are Governed by Laws?
Almost every aspect of employment is governed by either state or federal law — and sometimes both. Here are just a few common examples of employment procedures that have applicable laws:
- Minimum wage
- Employment agreements
- Severance agreements
- Hiring practices
- Workplace safety
- Workers’ compensation
- Unemployment claims
- Family and medical leave
- Collective bargaining
- Employee benefits
- Privacy rights
Different areas apply to different businesses and industries. For example, a company mostly focused on remote workers won’t have to worry as much about workplace safety, but they could have more complications when it comes to tax withholdings.
How Do You Determine Employee Classification?
Employee classification is one of the most important aspects of hiring people to work for you. How a worker is classified impacts what withholdings you need to take out of their check, how they are paid, whether you have to provide notice before terminating the relationship, and many other aspects.
When you hire someone, you must decide if they are going to work as an independent contractor or an actual employee of your business. Independent contractors retain much more control over how and when they work, and you don’t have to worry about withholdings, workers’ compensation, or benefits. The employer has more control over a worker classified as an employee, but there are also more regulations surrounding how employees have to be treated.
It’s not always a simple process to determine employee classification or whether you are better off hiring employees or working with independent contractors. Speak to an employment lawyer about your needs and goals to help you decide.
How Does Federal Law Impact Employment?
When you are running a business, you have to be aware of both state and federal laws. Federal laws apply to things like:
- Minimum wage
- How many hours an employee can work
- Basic workplace safety
- Anti-discrimination protections, including the Civil Rights Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, and the Equal Employment Opportunity Commission
- Family Medical Leave Act (FMLA)
- Employee retirement benefits
- Work authorization for immigrants
- Workplace harassment
There are also specific rules and regulations for federal government employees. Violating federal employment laws can result in significant penalties and even criminal charges in severe cases. It’s important to work with an attorney who can advise you on how these laws apply to your business.
What Does At-Will Employment Mean?
Georgia is an at-will employment state. This means that unless otherwise specified, employees and employers are presumed to have an at-will working relationship. This gives employees the freedom to quit without providing notice or reason, but it also provides that same freedom to employers when it comes to terminating employees. In general, you don’t have to give an employee any specific notice or reason for why they are being fired.
However, there are exceptions. For example, if you have an employment contract or an employee handbook that could be considered an implied contract, you may be bound by those terms. There are also certain federal legal protections for employees, which prohibit employers from firing them for protected reasons. Doing so could open the employer up to a wrongful termination lawsuit.
What Is Wrongful Termination?
Many people believe that wrongful termination applies anytime an employer doesn’t provide a specific reason for firing an employee, but this is a myth. In at-will employment states like Georgia, an employer generally has no legal obligation to provide the employee with cause. Wrongful termination only applies if the employee was fired for an illegal reason. For example, employers cannot make termination decisions that would be considered employment discrimination. This means that employees cannot be fired for reasons related to:
- Race
- Color
- Nationality
- Sex, including pregnancy
- Age
- Disability
At InPrime Legal, we empower businesses of all sizes to manage their workforce, minimize legal risks, and foster positive workplace environments.
We specialize in providing comprehensive legal support to employers navigating the complex landscape of employment law. Our Management-Side Employment Law services are designed to
Our Services Include:
- Employment Contracts and Agreements: We draft, review, and negotiate employment contracts that protect your business interests while clearly defining the rights and obligations of both parties. This includes executive employment agreements, non-compete, non-solicitation, and confidentiality agreements.
- Workplace Policies and Handbooks: Our team assists in developing, updating, and implementing workplace policies and employee handbooks that comply with current laws and regulations. We ensure your policies are clear, enforceable, and aligned with your company’s culture and goals.
- Compliance and Regulatory Guidance: It is crucial to stay compliant with federal, state, and local employment laws. We provide guidance on wage and hour laws, anti-discrimination laws, leave policies, and workplace safety regulations to ensure your business meets all legal requirements.
- Employee Relations and Dispute Resolution: We advise managing employee relations, including handling grievances, conducting internal investigations, and resolving disputes. Our goal is to help you address issues early and effectively, minimizing the risk of litigation.
- Workplace Investigations: When workplace issues arise, we conduct thorough and impartial investigations into allegations of misconduct, discrimination, harassment, or other workplace violations, helping you take appropriate action based on the findings.
- Training and Education: We offer training programs for management and HR professionals on best practices in employment law, helping your team stay informed about legal developments and how to handle employment-related issues properly.
Why Choose InPrime Legal for Management-side Employment Law?
- Expertise and Experience: Our attorneys have extensive experience in employment law, giving you access to in-depth knowledge and practical solutions that protect your business.
- Proactive Approach: We focus on proactive strategies to prevent legal issues before they arise, helping you maintain a compliant and harmonious workplace.
- Client-Focused Service: We understand that every business is unique, so we tailor our legal services to meet your needs and goals, ensuring you receive the most effective support.
- Comprehensive Support: From day-to-day HR guidance to defending your business in court, we offer end-to-end legal support for all employment law needs.
Our experience includes:
- Employee Handbooks
- Employee Contracts
- Compensation Structures
- Equity Incentive Plans
- Independent Contractor Issues (i.e., misclassification)
- Employee Hiring, Firing, and Discipline
- Human Resource Audit and Compliance Training Services
- Non-compete and Trade Secrets
- Defending EEOC Actions
- Sexual Harassment & Discrimination Issues
Protect Your Business and Empower Your Workforce
At InPrime Legal, we are committed to helping you manage your workforce confidently and compliantly. Contact us today to learn how our Management-Side Employment Law services can support your business’s success.
When Should I Seek Legal Counsel
InPrime Legal can help you protect your business from liabilities and ensure you’re prepared if there are any accusations of wrongdoing. It’s important to seek legal counsel from the very beginning stages of your business to ensure that you are in compliance with all of the applicable laws.
When you own a business, it’s important to have a solid support system, and this includes having strong legal representation. At InPrime Legal, we help dozens of businesses with employment legal issues regarding their day-to-day operations. Our law firm has dedicated, experienced business law attorneys who can help you prepare for and handle any situation that may arise. Get help for your legal issues by calling 770-282-8967 to set up an appointment with one of our employment attorneys who can answer your questions.