Employment Law FAQ

How must an employer respond to a request for accommodation?

What must an employer do if it suspects that an employee performance problem is caused by a medical condition?

Must an employer provide employment references?

What must an employer do if it receives a complaint of harassment?

What should an anti-harassment policy contain?

Must an employer perform formal performance reviews?

May an employer convert some or all of its employees to independent contractors and thereby avoid paying employment-related taxes and benefits?

May an employer award bonus pay or time off to an exempt employee who works extra time?

Must a company provide a smoke-free workplace to its employees?

Under the Family and Medical Leave Act, when may an employer refuse to allow an employee to take family or medical related leave or refuse to reinstate an employee after such leave?

Learn More: Employment Law

Do anti-discrimination laws apply to small businesses?

Do anti-discrimination laws apply to small businesses?

If you have a really small business -- with only one to three employees -- you do not have to worry about the vast majority of anti-discrimination laws. The major exception to this general rule is the federal Equal Pay Act, which applies to virtually all employers, regardless of size.

In addition, there might be a local ordinance or state law that does apply to you (although the majority of these laws applies only to employers with five or more employees). To investigate your state and local laws, contact your local office of the Small Business Administration (http://www.sbaonline.sba.gov), your state fair employment office or your state department of labor.

Do the anti-discrimination laws require me to hire someone who isn't qualified for a job?

No. The laws do not require you to hire a person who is not qualified for the job you are filling.

Are English-only rules legal?

It depends on the purpose and scope of the rule. An employer may be able to prohibit on-duty employees from speaking any language other than English if it can show that the rule is necessary for business reasons. If your company has an English-only rule, you must tell employees when they have to speak English (for example, whenever customers are present) and the consequences of breaking the rule.

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