Small Business Law

No matter the industry in which your business operates, a working understanding of business law is essential. While this knowledge may not directly yield commercial success, its lack will almost certainly have a negative impact on your business's operations.

The CAN-SPAM Act

A new problem for businesses and consumers alike is spam, junk e-mail that serves as free advertising for a company we wouldn't otherwise do business with.

On Jan. 1, 2004, the new Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act went into effect.

This act is Congress' attempt to curb the spam assault. The act requires that all unsolicited commercial e-mail be labeled as such and include explicit opt-out instructions as well as the sender's physical address.

The law, which effectively pre-empts all previous state laws along these lines, also prohibits the use of deceptive subjects and headers in the e-mail. Additionally, the law authorizes the Federal Trade Commission to create and maintain a "do not e-mail" registry similar to the already-in-place "do not call" registry established to fight unwanted telemarketers.

And like most governmental actions, it creates an onerous burden upon the honest businessperson.

Labor Law

Labor law deals primarily with employer/employee relations, especially as they relate to the role of unions in the workplace. Labor law provides workers with rights to form and join unions, strike, picket, and so on.

The field is regulated strongly by federal and state law, as well as the judicial decisions applying to both. There are also administrative agencies with authority over labor law.

Equal Opportunity

Equal opportunity is a concept essentially rooted in the idea of freedom from discrimination. There are many laws that deal with equal opportunity principles, but there are four major players.

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on factors such as race, color, religion, sex and national origin. The Age Discrimination in Employment Act of 1967 addresses discrimination against employees over the age of 40.

Title I of the Americans with Disabilities Act of 1990 prohibits discrimination against "qualified" disabled individuals. The act explains: "The term 'qualified individual with a disability' means a person with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires." The Equal Pay Act of 1963 mandates equal pay for men and women with quite similar jobs at the same establishment.

Knowledge and practice of these laws, and the many more that address equality and discrimination issues, are crucial to a successful and healthy business.

Rights And Responsibilities

Employees are granted specific rights and freedoms in the workplace to ensure their happiness, health and safety. These include freedom from discrimination and harassment, as well as some measure of privacy in personal matters. Also included is the guarantee of at least minimum wage and appropriate overtime pay, and leave time to attend to the illness of one's self or a family member.

On the other hand, employers have the responsibility to provide employees with the aforementioned rights. Employers must prevent discrimination and harassment, and ensure appropriate compensation and leave time. Additionally, employers must follow proper hiring and firing practices, keeping in mind employees - potential, current and former - rights.

Employers also have the right to protect themselves and their businesses when employees leave. This can range from protecting trade secrets and business practices to, in much more extreme cases, personal safety when dealing with disgruntled workers.