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A small business with approximately 10 employees does not have to comply with any laws? They are free to do whatever they want to even when it might not be right? Do employees have any rights?
Asked on July 18, 2019 under Employment Labor Law, Nevada
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 1 year ago | Contributor
It depends on the law. For example, they have to obey the Fair Labor Standards Act, which means that nonexempt (e.g. all hourly) employees get overtime when working more than 40 hours in a week. They have to comply with both the federal and state minimum wage. They are, however, too small to be covered by the Family and Medical Leave Act (FMLA). And since all employment is employment at will unless there is a written employment contract to the contrary, they determine hours, shifts, wages, and benefits, and can also terminate or suspend employees at will--UNLESS they discipline or terminate the employee for a disciminatory reason (e.g. due to the employee's race, color, national origin, sex, age 40 or over, religion, or disability), which would be illegal, since the anti-discrimination laws apply to them. (And similarly, they have to take reasonable steps to prevent any discrimination or race, sex, etc. based harassment at work.)
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