EMPLOYMENT ISSUES
Businesses with employees need to follow extensive legal guidelines or risk liability. Read the information below to learn more about the various issues surrounding employees.
DISCRIMINATION AND HARASSMENT
How can I prevent discrimination and harassment in the workplace by my employees?
How can I protect my business from lawsuits for discrimination and harassment?
https://www.doi.gov/employees/anti-harassment/definitions
https://www.ftc.gov/site-information/no-fear-act/protections-against-discrimination
As a business with employees, what am I required to do with regard to complying with regulations and/or prevent discrimination and harassment?
KY:
https://kchr.ky.gov/Pages/index.aspx
OH:
https://www.ohioattorneygeneral.gov/FAQ/Civil-rights-FAQs
EMPLOYEE BENEFIT
How can I prevent discrimination and harassment in the workplace by my employees?
How can I protect my business from lawsuits for discrimination and harassment?
https://www.doi.gov/employees/anti-harassment/definitions
https://www.ftc.gov/site-information/no-fear-act/protections-against-discrimination
As a business with employees, what am I required to do with regard to complying with regulations and/or prevent discrimination and harassment?
KY:
https://kchr.ky.gov/Pages/index.aspx
OH:
https://www.ohioattorneygeneral.gov/FAQ/Civil-rights-FAQs
EMPLOYEE VS. INDEPENDENT CONTRACTOR
Why would I ever categorize workers as employees when I can categorize them as independent contractors and avoid payroll tax?
Everyone wants to save money on taxes, but there are specific requirements that must be met for you to be able to truly call a worker an "independent contractor." In general, the main test for whether you have an employee or an independent contractor is "control," however, the factors that go into determining which classification is correct are many. It's best to speak to an attorney to make sure you are in compliance with the law if you are using "independent contractors."
What are the rules with regard to the categorization of employees vs. independent contractors?
The best place to get an understanding of the difference of an employee and an independent contractor is to go straight to the source. The designation of employee vs. independent contractor is squarely a matter of federal taxation:
What are the potential consequences for mis-categorizing employees and independent contractors?
Walking the line between employee and independent contractor is not worth it, because it can come with big penalties if you get it wrong. The penalties may not be just back taxes, they can also be criminal!
EMPLOYMENT CONTRACTS
Why would I ever categorize workers as employees when I can categorize them as independent contractors and avoid payroll tax?
Everyone wants to save money on taxes, but there are specific requirements that must be met for you to be able to truly call a worker an "independent contractor." In general, the main test for whether you have an employee or an independent contractor is "control," however, the factors that go into determining which classification is correct are many. It's best to speak to an attorney to make sure you are in compliance with the law if you are using "independent contractors."
What are the rules with regard to the categorization of employees vs. independent contractors?
The best place to get an understanding of the difference of an employee and an independent contractor is to go straight to the source. The designation of employee vs. independent contractor is squarely a matter of federal taxation:
What are the potential consequences for mis-categorizing employees and independent contractors?
Walking the line between employee and independent contractor is not worth it, because it can come with big penalties if you get it wrong. The penalties may not be just back taxes, they can also be criminal!
LABOR LAWS
As a business owner, am I required to post labor laws for employees?
If you have employees, you may be required to post federal labor laws at your workplace. Here’s a guide:
https://webapps.dol.gov/dolfaq/go-dol-faq.asp?faqid=531&topicid=1
Where can I find a resource for what the labor laws are in my jurisdiction?
See links below:
Federal:
https://www.dol.gov/general/aboutdol/majorlaws
KY:
https://labor.ky.gov/standards/Pages/Wages-and-Hours.aspx
OH:
https://ohio.gov/wps/portal/gov/site/jobs/topic-hubs/labor-law/labor-law
How are labor laws enforced?
State governments and the federal governments have procedures for filing for labor law infractions, which may result in investigations, mediation, or other governmental action against the business. Alternatively, employees can also sue their employer directly for damages.
Learn more here:
https://www.dol.gov/general/topic/youthlabor/enforcement
WORKER SAFETY
Am I obligated to take steps to ensure my employees act safely?
Generally, as an employer, a safe workplace is something an employer must provide. However, some industries have specific safety requirements. Each industry is going to have specific regulations.
How does the safety of my workplace relate to workers’ compensation claims?