{"id":4734,"date":"2016-04-04T10:47:41","date_gmt":"2016-04-04T15:47:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/managing-employees.html"},"modified":"2024-06-06T05:16:58","modified_gmt":"2024-06-06T10:16:58","slug":"managing-employees","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/managing-employees.html","title":{"rendered":"Managing Employees"},"content":{"rendered":"\n
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Managing Employees<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

A small business owner spends much of their time managing employees. This requires a basic understanding of employment law. You also must know how to maintain a harmonious workplace. Large companies rely on their human resources departments for employee management. Small business owners must act as their own HR department.<\/p>\r\n

In this section, you will find information on various management issues. Articles include creating discipline and company policies, creating an effective employee handbook, and implementing a telecommuting policy.<\/p>\r\n

Company Policies and Employee Handbooks<\/h2>\r\n

Small businesses sometimes skimp on company policy. When you only have a few employees, it can seem like a waste of time. Everyone knows what’s happening and who their co-workers are\u2014why have an employee handbook<\/a>?<\/p>\r\n

Having the rules that apply to your business in one place is a good idea. After all, even small businesses must follow federal laws. As your small business grows, more laws will apply.<\/p>\r\n

The Fair Labor Standards Act<\/a> (FLSA) applies to all employers. It sets the federal minimum wage, weekly hours, and overtime pay. It also affects child labor and recordkeeping laws. Some states, such as California, have higher minimum wage laws and differing hourly and overtime standards.<\/p>\r\n

Title VII of the Civil Rights Act <\/a>prohibits employers with more than 15 employees from discriminating based on race, religion, gender, national origin, or sexual orientation. The 2020 Supreme Court decision in Bostock v. Clayton County, Georgia<\/a><\/i>, expanded this to include gender identity.<\/p>\r\n

The Family and Medical Leave Act <\/a>(FMLA) guarantees all eligible employees up to 12 weeks of unpaid leave. The FMLA covers employers with more than 50 employees. Some states have similar laws for fewer employees.<\/p>\r\n

Your employee handbook should contain information about the state and federal labor laws applying to your particular industry. Handbooks should also include reporting information for the Equal Employment Opportunity Commission (EEOC)<\/a>. The EEOC handles anti-discrimination laws and complaints.<\/p>\r\n

Disciplinary and Termination Policies<\/h2>\r\n

Federal and state laws affect how employers can discipline and terminate<\/a> their workers. Even in "at-will" states<\/a>, anti-discrimination laws prohibit firing employees based on race, religion, or gender.<\/p>\r\n

Employers must ensure their disciplinary policies are fair, proportional, and even-handed. Most businesses have a sequential or stepped approach to discipline. For instance, a first violation is a verbal warning; a second is a written warning. Your disciplinary policy should be part of your employee handbook.<\/p>\r\n

Employees and the Internet<\/h2>\r\n

Internet and email policies<\/a> are essential now that nearly every company has an online presence. The internet and email make communication easier with customers, vendors, and employees. Internet security <\/a>is just as important. You must keep your business secure and promote your employees’ productivity.<\/p>\r\n

Your internet policy should have two parts. One part is protecting your customer information. The other is protecting and monitoring your employees’ internet use. While the two parts work together, they are separate policies.<\/p>\r\n

Customer data<\/a> includes credit card information, names, addresses, and shipping information. PCI Data Security Standards<\/a> require merchants to keep consumer data secure.<\/p>\r\n

Employee internet use<\/a> balances employee rights to privacy in the workplace and the employer’s business needs. Employers can track employees’ internet use and install security software on their routers. Letting your workers know that you are doing this is a good idea.<\/p>\r\n

Employee Personnel Files<\/h2>\r\n

It’s a good idea to keep a personnel file<\/a> for each employee. Personnel files should contain<\/a> job-related documents, such as:<\/p>\r\n