Employment Law Information Center

Employers throughout the mid-Atlantic region and across the country, particularly in or near New York, Pennsylvania, and Virginia metro areas such as Washington, D.C. New York, Philadelphia, Pittsburgh, Richmond, and Norfolk, have a valuable resource in the Sparlin Law Office

Attorney Sparlin assists clients in both statistical and legal analysis and preparation of affirmative action compliance plans. The firm helps employers complete OFCCP surveys, respond to data requests and testify as needed in response to regulatory compliance audits or litigation defense.

The following is a general discussion of employment law. This content is provided for informational purposes only, and is not intended to address any particular employer's legal situation. To schedule a consultation, contact the Sparlin Law Office.

Employment, Employer - An Overview

Hiring

When hiring a new employee, an employer must be cognizant of state and federal laws that govern the hiring, compensation, treatment, and termination of all employees. For example, employers must be familiar with Title VII of the Civil Rights Act of 1964 (Title VII). This statute forbids the use of race, color, national origin, religion, and sex in all hiring, employment and termination decisions. Also, the employer must follow federal laws concerning documentation. I-9 immigration status forms and W-4 tax forms are critical documents that every employer must record and preserve on a regular basis.

Employers must also adhere to state laws that govern hiring and certification of new employees. This could include notifying a State Department of Labor of a new hire or registering as a new employer. Some employers may want to administer certain tests to new employees that identify drug use or possible psychological problems. Before doing so, an employer must be familiar with laws governing how tests may be performed. Because employees generally have a right to personal privacy, an employer should consult an employment law attorney before submitting potential hires to psychological tests, drug screening processes, or inquiring into sexual behavior or alcohol use.

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Hiring

There are a number of required steps that need to be taken before an employer begins hiring employees. An employer must first obtain an employer identification number through the Internal Revenue Service. The employer also needs to set up a payroll system to withhold federal and state income taxes from an employee's wages.

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Compensation

If your business has employees, it is in your best interest to retain an experienced and skilled employment law attorney. Federal and state employment laws concerning wages and overtime are complex and impose significant responsibility on employers.

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Leave

There are two employee leave laws that are of particular importance:

• The Family and Medical Leave Act (FMLA)
• The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

Family and Medical Leave Act (FMLA)

The Family and Medical Leave act allows a covered employee can take up to twelve weeks off of work for certain family responsibilities. These responsibilities include the birth of a child, care of a sick family member, adoption of a child and an employee's own sickness. This leave is taken as unpaid and there is nothing within the law that requires an employer to offer paid leave.

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Termination

Most employment is termed "at-will" employment. This means that the employer can fire an employee for any legal reason, at any time. This latitude also applies to the employee. An employee can quit for any or no reason without any notice to their employer. This area is generally covered by state law. However, there are similar federal provisions that prohibit unlawful or discriminatory firings. If you are faced with issues regarding hiring and employment consult an attorney.

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