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Employers must comply with certain legal requirements concerning the accommodation of employees with disabilities. Beyond just complying with these requirements, an increasing number of employers are taking advantage of programs that encourage hiring and recruiting people with disabilities, as well as tax credits to help cover the cost of accommodations for employees with disabilities.
If you are a new employer or new to employing people with disabilities, start by reading the Guide to Disability Rights Laws. This guide summarizes the major disability laws affecting employers, governments, schools and other organizations.
The following resources will help you comply with the ADA.
There are two types of employee benefits: (1) those the employer must provide by law; and (2) those the employer offers as an option to compensate their employees. Examples of required benefits include social security and workers' compensation, while optional benefits include health care and retirement. Both required and optional benefits have both legal and tax implications for the employer. SBA's Managing Employee Benefits explains types of health and retirement plans and provides tips on setting up an employee benefits plan.
This guide helps employers understand what they need to do to supply employee benefits required by law, as well as steps they need to take to comply with regulations covering optional employee benefit plans.
For requirements specific to third-party employee benefit plan administrators and fiduciaries, visit Requirements Plan Sponsors, Administrators and Fiduciaries
Every employer must pay social security taxes at the same rate paid by their employees. The Social Security Administration offers information about how to file an employer W-2 form, how to hire employees not covered by social security, and other information for employers:
Businesses with employees are required to pay unemployment insurance taxes under certain conditions. If your business is required to pay these taxes, you must register your business with your state's workforce agency. The State Taxes page includes links to your state's agency.
Businesses with employees are required to carry Workers' Compensation Insurance coverage through a commercial carrier, on a self-insured basis, or through the state Workers' Compensation Insurance program. Visit your state's Workers' Compensation Office more information on your state's program.
Some states require employers to provide partial wage replacement insurance coverage to their eligible employees for non-work related sickness or injury. Currently, if your employees are located in any of the following states, you are required to purchase disability insurance:
The majority of common leave benefits offered by employers are not required by federal law, and offered to employees as part of the employer's overall compensation and benefits plan. These leave benefits include holiday/vacation, jury duty, personal leave, sick leave, and funeral/bereavement leave. However, employers are required to provide leave under the Family and Medical Leave Act.
The Family and Medical Leave Act provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. FMLA requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave. FMLA applies to private employers with 50 or more employees, and to all public employers. The following resources provide employers with information on how to comply with FMLA:
Consolidated Omnibus Budget Reconciliation Act (COBRA) provides certain former employees, retirees, spouses, former spouses, and dependent children the right to temporary continuation of health coverage at group rates. Businesses are required to provide COBRA when employees are terminated or laid off. The following resources describe an employer's requirements under COBRA.
The following resources help employee benefit plan administrators and fiduciaries comply with federal laws and regulations, including the Employment Retirement Income Security Act (ERISA), Consolidated Omnibus Budget Reconciliation Act (COBRA) and Health Insurance Portability and Accountability Act (HIPAA). Find out about new laws and issues from the experts through the Health Benefits Education Campaign.
To assist employee benefit plan officials in understanding and complying with the requirements of ERISA, the U.S. Department of Labor has provided Employee Benefits and Retirement Plans : Compliance Assistance Guide as an overall reference guide.
Here you will find information to help small businesses comply with Federal wage and hour laws.
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees.
More information about Federal employment laws.
Since the Civil Rights Movement of the early 1960's, federal and state governments have passed a number of laws protecting employees from discrimination based on factors not directly related to the quality of an individual's work. Employers are responsible for understanding anti-discrimination regulations to ensure employees are protected from discrimination and harassment on the job. In addition, employers must keep records
The following resources provide basic information about equal employment opportunity laws and regulations applicable to the workplace.
With the exception of a select number of companies doing business with the federal government and some state governments, employers are not required by law to create a drug-free workplace policy. However, creating these policies is becoming standard business practice. The federal government provides a number of resources to help you create an alcohol and drug-free policy for your company:
The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a Federal agency. Visit the Drug-Free Workplace Advisor to learn more about these requirements and if they apply to your business
With the exception of a select number of companies doing business with the federal government and some state governments, employers are not required by law to create a drug-free workplace policy. However, creating these policies is becoming standard business practice. The federal government provides a number of resources to help you create an alcohol and drug-free policy for your company:
The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a Federal agency. Visit the Drug-Free Workplace Advisor to learn more about these requirements and if they apply to your business
Both federal and state governments administer workers' compensation programs that provide wage replacement benefits, medical treatment, vocational rehabilitation, and other benefits to employers or their dependents who are injured at work or acquire an occupational disease.
Businesses with employees are required to carry Workers' Compensation Insurance coverage through a commercial carrier, on a self-insured basis, or through a state Workers' Compensation Insurance program.
See the state workers' compensation directory to find more information about your state's workers' compensation requirements.
The Department of Labor's Office of Workers' Compensation Programs (OWCP) administers two major disability compensation programs that provide benefits to specific types of employee groups. If your businesses employs one of these groups, you may be subject to additional workers' compensation requirements.
The Black Lung Benefits Act provides monthly payments and medical benefits to coal miners totally disabled from pneumoconiosis (black lung disease) arising from their employment in or around the nation's coal mines. The Act also provides monthly benefits to a miner's dependent survivors.
The Longshore and Harbor Workers' Compensation Act provides employment-injury and occupational-disease protection to workers who are injured or contract occupational diseases occurring on the navigable waters of the United States, or in adjoining areas, and for certain other classes of workers covered by extensions of this Act.
No manager enjoys firing an employee, especially during tough economic times or when workers are in high demand. However terminations are a fact of life for business owners. Just as hiring and managing employees involves several legal steps, so does firing or laying off employees.
The resources in this section will help you comply with laws and regulations when you terminate an employee or otherwise downsize your company or layoff workers.