Employment Law FAQ
Understanding employment law is critical if you want to protect your business, avoid legal hassles and provide your employees with a safe and productive working environment. At Myers Longhofer, LLC, we have a history of representing businesses in all aspects of employment law consulting and defense of claims, and we're here to answer some of the most frequently asked questions about employment law. Let's get started.
What Is Employment Law?
Employment law is a broad topic that covers various federal, state, and local laws and regulations. It deals with the rights and obligations of the employer-employee relationship, including developing employee handbooks and hiring practices, non-compete and non-solicitation agreements to protect your trade secrets, wages, reductions in workforce and individual employee terminations.
What are the Key Areas of Employment Law?
Employment law covers a variety of areas, including:
Discrimination: Laws that prevent discrimination based on race, gender, age, religion, disability, and other protected characteristics.
Wages and hours: Regulations concerning minimum wage, overtime pay, and working hours.
Workplace safety: Standards to ensure a safe working environment.
Employee benefits: Rules about health insurance, retirement plans, and other benefits.
Termination: Guidelines on lawful workforce reductions or firing of employees.
What Are an Employer's Responsibilities?
Employers have a range of responsibilities under employment law, including:
Providing a safe working environment: Adhering to OSHA standards and promptly addressing any safety concerns.
Paying fair wages: Providing employees with appropriate compensation for their work.
Preventing discrimination: Implementing policies that promote non-discriminatory practices and addressing complaints effectively.
Maintaining records: Accurately recording employees’ working hours, wages, and other relevant information for compliance purposes.
Providing benefits: Offering necessary benefits if required by law and ensuring employees know about their eligibility.
What Are Discrimination Laws?
Discrimination is illegal in the workplace. Every state has specific laws that protect employees from being treated unfairly based on characteristics like race, color, national origin, sex, disability, and more. Employers must implement policies and training to build an inclusive workplace.
What Constitutes Harassment?
Harassment is a form of discrimination that violates employment law. It includes unwelcome conduct based on race, sex, religion, national origin, age, disability, or genetic information. Employers are required to investigate complaints of harassment and, if warranted, to take immediate and appropriate action to remedy the issue and discipline or terminate employee(s) involved in the matter.
What Are Federal Wage and Hour Laws?
Federal wage and hour laws, primarily enforced by the Fair Labor Standards Act (FLSA), establish standards for minimum wage, overtime pay, recordkeeping, and child labor. These regulations aim to ensure that employees receive fair compensation for their work and protect minors from exploitation in the workforce.
What Are Employee Benefits?
Depending on the size of the business and specific job roles, employers may be required to offer various benefits to their employees, such as health insurance, retirement plans, and paid time off.
How Should Reductions in Workforce & Terminations Be Handled?
To avoid potential lawsuits, employers must execute reductions in workforce and terminations lawfully, including providing employees with a legitimate reason for termination, proper documentation and timely payment of any monies owed to the laid off or terminated employee. Additionally, a business may have obligations under COBRA to provide information to former employees about continuation of health care benefits, if appropriate. Businesses must also They must also follow the procedures outlined in the company’s policy or employment handbook.
Employment Laws in Kansas
Kansas has specific laws and regulations that complement federal employment laws. These include:
Kansas Act Against Discrimination (KAAD): This act prohibits employment discrimination based on race, religion, color, sex, disability, national origin, ancestry, and age.
Workers' compensation: Kansas mandates that employers must carry workers' compensation insurance to cover employees injured on the job.
Child labor laws: Kansas has specific regulations regarding the employment of minors, including restrictions on working hours and job types.
Employment Laws in Missouri
Missouri has specific laws and regulations that complement federal employment laws. These include:
Missouri Human Rights Act (MHRA): This act prohibits employment discrimination based on race, color, religion, national origin, ancestry, sex, disability, age, and familial status. It provides a mechanism for individuals to file complaints and seek remedies for discrimination.
Missouri minimum wage law: Missouri's minimum wage rate can be higher than the federal minimum wage. The law ensures that employees receive fair compensation for their work and sets guidelines for overtime pay and handling unpaid wages.
Workers' compensation: Missouri requires employers to carry workers' compensation insurance. This insurance provides benefits to employees who suffer job-related injuries or illnesses to cover their medical expenses and lost wages.
Seek Employment Law Representation in Overland Park, Kansas and the Kansas City Metropolitan Area
The experienced team of attorneys at Myers Longhofer, LLC, is here to protect your business interests and guide you through employment law matters. If you need help with any aspect of employment law or want to learn more about how to protect your business from employment law claims in Overland Park, Olathe, Leawood, Shawnee, Lenexa, Kansas, or Kansas City, Missouri, Myers Longhofer, LLC is here to help. Call today to find the right Human Resources and employment law solutions for your business.
