Small Business Employee Rights
Small business employee rights arise from federal, state and local laws. The U.S. Congress has passed numerous laws protecting employees rights, and many of those laws apply even to small business employers. Similarly, many states and local governments also regulate small business employment. The small business employee's rights range from rights to privacy, freedom from harassment and discrimination, and the right to fair and equal pay.
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Generally
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Small businesses are regulated by the law, but not to the same extent as large businesses. The details of regulation vary depending on the state your business operates in, and depending on the type of law. For example, certain provisions of the Americans with Disabilities Act of 1990 (a federal law) apply only to employers with at least 15 employees. However, despite these limitations, the law still provides many rights for small business employees.
Types
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Small business employee legal rights cover a broad range of topics, but the common themes among all state laws and federal laws include prohibiting sexual harassment and certain types of discrimination. For example, under numerous federal laws, small businesses cannot discriminate on the basis of age, race, gender, national origin or religion. Small business employees also have the right to fair and equal pay. Fair pay means employees must be paid at least the federal minimum wage, which as of July 24, 2009, is $6.55, and as of July 24, 2010, is $7.25. Equal pay means that small business employees must be paid equally without regard to gender; in other words, men can't be paid more than women, or vice versa.
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Time Frame
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Most employment laws regulating small businesses begin to apply as soon as a potential employee submits an application, and the laws continue to apply until the employment relationship terminates. For example, a small business cannot discriminate against job applicants based on race or religion, among other things. Similarly, a small business cannot reduce the pay of, or terminate (fire), an employee because of gender or age, among other things.
Enforcement
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Most small business employee legal rights are enforced by a government agency assigned to that particular law. Most discrimination and harassment claims, for example, are enforced by the U.S Office of Civil Rights, the U.S. Department of Justice or the Equal Employment Opportunity Commission, while workplace safety rights are enforced by the Occupational Safety and Health Administration.
Complaints
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If you ever believe your legal employee rights have been violated, you should contact one of the federal agencies listed in Section 4to discuss a possible claim against your employer. You should be aware that for most complaints, you must file the complaint within 180 days of the alleged wrongful conduct.
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