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Topic 04 of 6

Employment Law
Your Obligations as an Employer

Once you hire employees, you take on a significant range of legal obligations — federal, state, and sometimes local. Many small business owners are unaware of requirements until a complaint is filed. This area covers wages, working conditions, anti-discrimination rules, termination, and record-keeping. Requirements vary significantly by state and business size.

Signposting tool only — not legal advice. This page explains what this area involves and points you to official government sources. It does not assess your situation or tell you what to do. Consult a licensed attorney for your specific circumstances.
Things to be aware of in this area
This is not a compliance checklist. These items flag areas worth exploring — they are not a substitute for professional legal review. Ticking all boxes does not mean you are compliant.
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I know the current federal and my state's minimum wage rates and which applies to my employees
I understand when overtime pay is required under the Fair Labor Standards Act (FLSA)
I know which anti-discrimination laws apply to my business based on my employee headcount
I have provided required new-hire notices and paperwork (Form I-9, W-4, state-specific notices)
I understand what constitutes wrongful termination and document performance issues before ending employment
I know whether my state requires meal breaks, rest breaks, or sick leave for my employee count
I have a basic employee handbook or written policies covering conduct, leave, and complaint procedures
I know my workers compensation obligations in my state
I understand that federal agencies (EEOC, DOL) can investigate complaints independently of civil lawsuits
I know where to find my state's specific employment law requirements
Where to get authoritative information
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DOL — Small Business Resources
US Department of Labor's dedicated small business compliance page — wages, overtime, safety, family leave, and more.
https://www.dol.gov/general/topic/smallbusiness →
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EEOC — Small Business Information
Equal Employment Opportunity Commission guidance for small businesses — which anti-discrimination laws apply based on your headcount.
https://www.eeoc.gov/employers/small-business →
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OSHA — Small Business
Occupational Safety and Health Administration requirements for small businesses, including free on-site consultations.
https://www.osha.gov/smallbusiness →
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SBA — Manage Your Employees
SBA overview of employer obligations, payroll, benefits, and employee rights.
https://www.sba.gov/business-guide/manage/hire-manage-employees →
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DOL — Compliance Advisor Tools
Free interactive DOL tools that help you understand which federal employment laws apply to your specific business.
https://webapps.dol.gov/elaws/ →
Which anti-discrimination laws apply to my small business?

It depends on your headcount. Businesses with 15 or more employees must comply with Title VII (race, color, religion, sex, national origin), the ADA (disability), and the Pregnancy Discrimination Act. Businesses with 20 or more employees must comply with the ADEA (age discrimination for workers 40+). Businesses with any employees must comply with the Equal Pay Act. Many states have broader protections that apply to smaller businesses. The EEOC at eeoc.gov/employers/small-business has a clear breakdown.

Can I fire someone without giving a reason?

In most US states, employment is "at-will" — meaning either party can end the relationship at any time for any lawful reason, or no reason. However, you cannot terminate for an unlawful reason — protected characteristics, whistleblowing, union activity, exercising legal rights. The risk is not usually wrongful termination itself but being unable to demonstrate that the termination was not for an unlawful reason. Document performance issues in writing before terminating. Consult an employment attorney for any termination you are uncertain about.

What records am I required to keep as an employer?

The DOL requires employers to maintain payroll records for at least 3 years and time records for 2 years. I-9 employment eligibility forms must be kept for 3 years after hire or 1 year after termination, whichever is later. The EEOC requires employers with 15+ employees to keep personnel records for 1 year. Tax records should be kept for at least 4 years. State requirements may be more stringent. The DOL's record-keeping guide is at dol.gov/agencies/whd/record-keeping.