Some Laws Don’t Apply to Your Small Business
It’s no secret that businesses have many rules and regulations they have to follow, especially when it comes to their employees. However, small businesses may not have to follow all of these rules depending on how many employees they have. For example:
Some small businesses may be exempt from the ADEA, ADA, and Title VII regulations.
- ADEA – This is the Age Discrimination in Employment Act (ADEA) and protects come employees and applicants for jobs who are 40 years old or older from discrimination based on their age when hiring, compensation, promotion, and discharge, as well as terms, privileges, and conditions of their employment. This regulation typically only applies to small businesses who have 20 or more employees.
- Title VII – This regulation prevents employers from discriminating against their employees based on their race, sex, national origin, color, or religion and usually only applies to small businesses with 15 or more employees, including local, state, and federal governments.
- ADA – This is the Americans with Disabilities Act (ADA) and prevents discrimination against those with disabilities. This regulation guarantees that people with disabilities have equal opportunities for employment, public accommodation, transportation, local and state governmental services, and telecommunication. This act generally only applies to small businesses with 15 or more employees, as well as local, state, and federal governments.
The Occupational Safety and Health Administration (OSHA) oversees the safety conditions of all workplaces in an effort to avoid injuries to employees. Businesses that violate the requirements of OSHA are required to pay a fine, sometimes very large fines. However, OSHA offers small businesses a break:
- Employers who have less than 25 employees are only required to pay 40 percent of a regular fine.
- Employers with less than 10 employees are typically exempt from the normal requirements when it comes to reporting injuries that take place in the workplace.
Each state has its own workers’ compensation requirements. Many states exempt small businesses who have five or fewer employees. Some states have no exemptions, and other states fall somewhere in the middle. An experienced business planning attorney can advise you of the requirements of your state.
The Food and Drug Administration, or FDA, controls the nutritional labeling for the food industry. However, when it comes to these labeling requirements for small businesses, the FDA exempts some of them. Employers who have less than 100 full-time employees and who also sell less than 100,000 units annually are usually exempt from the FDA’s labeling requirements. To qualify for an exemption, you must file a notice with the FDA. Businesses who have gross annual sales of less than $500,000 for food products, and those who have less than $50,000 in gross annual sales for dietary supplements are also exempt. However, these businesses are not required to file a notice.
Contact a Business Planning Attorney Today
If you have questions about how to start or operate your small business, or are confused as to which laws may apply to you, Tampa business transaction attorney David Toback can help. We understand all the challenges that a small business can face. Contact us today to schedule a consultation.