Starting with Employee 1

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While many employment discrimination laws don’t apply until you have 15, 25 or 50 employees, there are several employment laws that apply when you hire your first employee:

Immigration and Reform Control Act requires employers to verify employee eligibility to work and to retain form I-9.

Fair Labor Standards Act and Equal Pay Act (FLSA and EPA) requires employees to be properly classified as employees vs. independent contractors and as non-exempt vs. exempt, so that they get all benefits and protections required under the law, including the same rate of pay for the same job.

Uniformed Services Employment and Reemployment Rights Act (USERRA) provides that returning service-members must be promptly reemployed in the same position they would have attained had they not been absent for military service, and prohibits discrimination against employees or applicants who have any past, present, or future military obligations.

North Carolina Occupational Health and Safety Act (OSHA) requires compliance with standards and practices that will reduce employee injury and death.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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