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The University of Vermont
COMMUNITIES

1 employee

Laws which you are
now required to follow

1: The Employee Retirement Income Security Act of 1974 (ERISA).  ERISA establishes pension plan standards and guidelines for private employers, though it does not require the employer to offer any such plan to employees.  Rather, it is principally focused on employee eligibility, vesting requirements, and plan administration.  More information can be found on the U.S. Department of Labor's website:  http://www.dol.gov/dol/topic/health-plans/erisa.htm

1: The Equal Pay Act of 1963.  This legislation prohibits compensation discrimination between women and men in the same organization who have identical or comparable job responsibilties.  The Act also stipulates that wages cannot be reduced for one gender in order to avoid raising pay for the other gender.  A thorough listing of documents pertaining to the Act can be found at the U.S. Government Printing Office website:  http://www.access.gpo.gov/nara/cfr/waisidx_99/29cfr1620_99.html

1: The Fair Labor Standards Act of 1938 (FLSA).  The FLSA was a major piece of legislation passed during the Great Depression, which introduced several standards for workers that are still present today.  Of particular note is the establishment of a 40-hour workweek and related "overtime" provisions (http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm), the creation of the minimum wage (http://www.dol.gov/esa/minwage/america.htm) and child labor laws (http://www.dol.gov/dol/topic/youthlabor), all of which are covered in detail at the U.S. Department of Labor's website.

1: The Federal Insurance Contributions Act (FICA).  This legislation requires employers to withhold Social Security and Medicare taxes from their employees' paychecks, with the employer also paying a matching amount of these payroll taxes.  Taxes apply whether or not the employee currently qualifies to receive benefits from these programs.  The Internal Revenue Service has an overview of employment taxes at:  http://www.irs.gov/businesses/small/article/0,,id=98858,00.html

1: The Federal Unemployment Tax Act (FUTA).  This legislation requires employers to pay tax into a "pool" that provides unemployment compensation to workers who lose their jobs.   Most states also impose a similar tax, commonly referred to as SUTA.  The federal rate is fixed, but in many states the rate varies with the level of turnover in an organization -- the higher the level of turnover, the higher the tax rate.  For more, visit the U.S. Department of Labor website: http://workforcesecurity.doleta.gov/unemploy/uitaxtopic.asp

1: The Occupational Safety and Health Act (OSHA) -- Part One.  OSHA requires organizations to provide a workplace that is safe, and does not contain regognized health and safety hazards.  Employers not in compliance with the law face penalties of up to $70,000 per violation.  Certain other provisions of OSHA begins when an organization has ten employees -- more on that later.  A good overview of OSHA can be found at:  http://semcosh.org/osha-view.htm

Topics to think about
as you keep growing
1:  Congratulations!  While starting a business is always exciting, the laws above suggest that there is a lot to learn about labor compliance.  The internet can be a great resource in helping employers learn about laws, as well as human resource topics in general.  However, remember to see professional counsel for specific issues where litigation is present and/or likely.

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