Labor & Employment: 3 Laws You May Not Know You’re Breaking

Office Staff

Running a company isn’t for the faint of heart. If you’re in business for yourself, there’s not a business accountant in Las Vegas who will tell you to expect short work days, minimal responsibility and trouble-free workflows. In fact, it’s quite the opposite.

Even if you’ve managed to create an organization that runs like a well-oiled machine, you may have more problems than meets the eye.

Enter employment laws.

Employment laws are designed with the best of intentions; they’re meant to create an equitable work environment that’s fair for all people and the organizations that employ them. Unfortunately, like all legislation, employment laws can also be quite cumbersome and difficult to understand. Not only that, but they’re ever-changing. In other words, if you don’t have the time and resources to devote to dedicated HR professionals, attorneys and a business accountant in Las Vegas, you could be breaking laws and not even realize it.

In light of this, here are four commonly misconstrued employment laws:

Employee Classification

There is a big difference between an independent contractor and an employee in the eyes of the IRS. If you misclassify your staff, you could subject yourself to huge fines and penalties.

Be careful not to assume that contracts define your employees’ statuses. In fact, a written agreement has little to nothing to do with the proper legal classification. The IRS looks at twenty factors to determine proper classification, which fall under the following categories:

  • Behavioral factors
  • Financial factors
  • Type of relationship

Confused? Consult a business accountant in Las Vegas to be sure you’re not inadvertently skipping out on payroll taxes, overtime and other employee-related expenses.

Affirmative Action

You’re probably aware it’s illegal to discriminate against people because of race, religion and other factors, but did you know veterans and people with disabilities are also members of protected classes?

“Discrimination” isn’t necessarily as blatant as it may seem. Some things are obvious: you can’t fire someone because they’re disabled and you can’t turn down a qualified applicant because he served in Vietnam. Beyond this, however, you must make concerted efforts to “recruit, hire, promote and retain these individuals.”

Updates to the affirmative action laws for both of these protected classes have been made in the past few years.

FMLA

If you have 50 or more employees, you are required to grant eligible workers up to 12 weeks of job-protected unpaid leave for certain health and family situations within a 12-month period.

To protect yourself against abuse of FMLA, standardize a process which requires employees to submit an official request form, mandatory medical paperwork and other supporting documentation.

Consult a Las Vegas Business Accountant

Are you concerned your business may be breaking laws unwittingly? Before you go any further, it’s best to schedule a consultation with a business accountant in Las Vegas who can review elements unique to your business and help you better understand your options.

Our team at Fair, Anderson & Langerman is happy to help. Contact us for your free consultation today!