Identifying which employment laws affect which employers is sometimes a difficult exercise, despite all of the available information. Sometimes, it takes a careful read of the applicable statutes and regulations to determine a law’s applicability. For small Humboldt County employers, the first question in a discrimination complaint or lawsuit is whether a state or federal law even applies to the employer. Many laws that apply to California employers require a minimum number of employees before the law is applicable. As a general rule of thumb, California state discrimination laws (concerning protected classes such as race, gender, national origin, religious affiliation, etc.) apply to employers with five or more employees. Additionally, employers with five or more employees must comply with laws prohibiting pregnancy discrimination.
The Americans with Disabilities Act and federal discrimination laws regarding protected classes (race, gender, national origin, religious affiliation, etc.) generally apply to employers with 15 or more employees.
All employers—no matter the number of employees—must abide by laws prohibiting sexual harassment. Moreover, all employers are subject to laws that concern child labor, disability insurance, unemployment insurance, employee safety, the Immigration Reform and Control Act (IRCA), independent contractors, wage and hour requirements, The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), new employee reporting, paid family leave, posters and notices, privacy rights, smoking in the workplace, time off, and workers’ compensation.
If you need more information regarding the rules and regulations applicable to you as an employer, please contact us.
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Tags: Amelia F. Burroughs, Employment Law