To get the business up and running, understanding and meeting all business laws in the country and local community is crucial. In United States, this means adhering to the laws of the federal government, state governments, and those of counties and cities. In addition to that, acquisition of employment identification number is a necessity irrespective of whether one has employees (Small Business Notes).
In case of employees, the employer is required to follow the labor laws hence making an adequate understanding of these laws critical. In addition to business laws and regulations, licenses and permits particularly from health agencies will be required for the Cupcake business. Moreover, it is imperative to trademark the business name and logo hence taking a look at patents, copyrights and trademarks is essential for protection reasons.
What is a Protected Class?
A protected class is a group of individuals who are protected by law against employment discrimination and harassment (Walsh 116). This includes men and women based on their sex; any group that shares a common religion, color, race or national origin; people with disability and those over 40 years old. On the other hand, employers and individuals of higher authority constitute the non-members of the protected class.
What is a Bon Fide Occupational Qualification?
This is “a criterion that appears to be discriminatory but can be justified by business necessity” (Arthur 148). It allows employers to make hiring and firing decisions irrespective of their discriminatory qualities. It is applicable to age, gender, religion and national origin but not race (Arthur 148). A good example of BFOQ is ensuring safety by setting mandatory retirement ages for airline pilots as well as bus drivers.
Questions that an employer cannot ask during a job interview
Employers are prohibited from asking questions which are discriminatory and this entails question concerning age, color, race, disability, national origin, sex, religion, place of birth and marital status (Smith & Mazin 17). Examples of these questions include: How old are you? Do you have any disability or medical condition? What is your native language? What are you religious days? What is your skin color? Are you single, married, divorced or widowed?
Arthur, Diane. Recruiting, Interviewing, Selecting & Orienting New Employees. New York, NY: AMACOM Division of American Management Association, 1998.
Small Business Notes. The Legal Requirements for Starting a Business. 2009. Retrieved May 5, 2010 from http://www.smallbusinessnotes.com/operating/legal/legalreq.html
Smith, Shawn A. and Rebecca Mazin. The HR Answer Book: An Indispensable Guide for Managers and Human Resources Professionals. New York, NY: AMACOM Division of American Management Association, 2004.
Walsh, David J. Employment Law for Human Resource Practice. Florence, KY: Cengage Learning, 2009.
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