Running a small business can be a daunting task. Not only do you have to worry about the day-to-day operations of your business, but you also have to navigate the complex world of American small business rights. Understanding American small business rights is essential for any small business owner. Here are some essential American small business rights that every business owner should know about.
Segregation and Civil Rights Laws
All American businesses, no matter their size, are subject to federal segregation and civil rights laws. These laws protect employees and customers from discrimination based on race, color, religion, sex, national origin, disability, or age. Business owners who violate these laws can face serious penalties, including fines and jail time. If you have a black owned spa, you are protected from discrimination based on race.
The Americans with Disabilities Act
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against people with disabilities. The ADA applies to all businesses that are open to the public, including restaurants, stores, hotels, and other places of public accommodation. Business owners who violate the ADA can face civil penalties, including fines and damages. However, this law also means that you, as a business owner, are protected from discrimination based on your own disability.
The Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. The FMLA applies to businesses with 50 or more employees, and it covers employees who have been with the company for at least 12 months and who have worked at least 1,250 hours in the past 12 months. Employees who take FMLA leave are entitled to reinstatement to their previous position or an equivalent position with the same pay, benefits, and terms and conditions of employment. This is one of the American small business rights that is often misunderstood, so it is important to know what it covers and how it can help you and your employees.
The National Labor Relations Act
The National Labor Relations Act (NLRA) is a federal law that protects employees’ rights to form unions and engage in collective bargaining. The NLRA applies to all businesses with at least one employee, and it covers employees who are not covered by the Railway Labor Act. The NLRA gives employees the right to form unions, engage in collective bargaining, and strike. For instance, if you run a local tree company, you can join a union of tree companies in your area and negotiate with them as a group for better wages and benefits.
The Occupational Safety and Health Act
The Occupational Safety and Health Act (OSHA) is a federal law that requires employers to provide a safe and healthful workplace for their employees. OSHA covers all businesses with at least one employee, and it requires employers to take steps to prevent workplace injuries, illnesses, and deaths. OSHA also provides employees with the right to file a complaint if they believe their workplace is unsafe or unhealthy. When understanding American small business rights, it’s important to know that OSHA can help keep you and your employees safe. For instance, if you run an exterminator company and you encounter a hazardous chemical, OSHA’s regulations will tell you how to safely handle and dispose of it.
The Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage and overtime pay standards for American workers. The FLSA applies to all businesses with employees, regardless of their size. Business owners who violate the FLSA can face civil penalties, including fines and damages. The FLSA also provides employees with the right to file a complaint if they believe their employer has not paid them the minimum wage or overtime pay they are entitled to. Let’s say you own a cabinet business and were contracted to build cabinets for a home renovation. If one of your employees did the work but was not paid for it, they could file a complaint with the Department of Labor.
Right to an Attorney
If you are facing a legal issue, you have the right to an attorney. This is one of the American small business rights that is often overlooked, but it can be crucial in ensuring that your rights are protected. An attorney can help you navigate the legal system, understand your options, and protect your interests. If you are facing a business legal battle, consider hiring a business attorney to help you through it.
Tax Liability
As a business owner, you are responsible for paying taxes on your business income. This is one of the American small business rights that is often misunderstood. Many business owners think that they can avoid paying taxes by not reporting their income, but this is not the case. The IRS can impose civil penalties on business owners who fail to pay their taxes, including fines and interest. If you are facing a tax liability, it is important to seek the help of an attorney or accountant to ensure that you are in compliance with the law. For instance, if you run a metal roofing company and do all the roofing yourself, you will need to file a self-employment tax return and pay taxes on your income. It’s best to talk to a professional to ensure that you are doing everything correctly.
Lobby to Congress
As a business owner, you have the right to lobby Congress on behalf of your business. This is one of the American small business rights that is often overlooked, but it can be a powerful tool in ensuring that your voice is heard. If you are concerned about a particular issue affecting your business, you can contact your elected officials and let them know your thoughts. For instance, if you run a land clearing business and are concerned about the impact of environmental regulations on your industry, you can lobby Congress to exempt your business from those regulations. In addition, you are free to write to your congress representative and senators to urge them to vote in a certain way on bills that will impact your business. While you can’t bribe them, you can certainly let them know how their vote will affect your business.
Gender Equity
You have the right to provide equal opportunities for all employees, regardless of their gender. This is one of the American small business rights that is often essential for equality and improvement, and it is important to remember that discrimination in the workplace is against the law. If you are concerned that your business is not providing equal opportunities for all employees, you can contact the Equal Employment Opportunity Commission to file a complaint. For instance, if you run a lawn care business and only hire male employees, you may be violating the law. While you might believe in gender equity, you might hire only men because you think they are better at the job. This would be discrimination and you could be fined or sued.
EPA Compliance
As a business owner, you have the responsibility to comply with environmental regulations set forth by the Environmental Protection Agency (EPA). This is one of the American small business rights that can help ensure you have access to clean water and are following all water regulations. If you own a water well drilling company, you will need to ensure that your wells are properly constructed and meet all EPA regulations. If you are not in compliance with the EPA, you may be subject to fines or other penalties.
Right to Funding
All small businesses have the right to seek funding from private investors or from the government. This is one of the American small business rights that is often essential for businesses that are just starting out. If you are seeking funding from the government, you will need to ensure that your business meets all eligibility requirements. For instance, if you run a child care center, you may be able to receive government funding to help with start-up costs. In addition, if you run an artificial turf company, you may be able to get funding from the Small Business Administration (SBA). However, one company that might come into trouble with funding are cannabis dispensaries as they are not federally legal. If you’re a cannabis business owner, you might want to consider private funding options.
Patents and Trademarks
If you’re a designer or manufacturer, you have the right to patent your products and prevent others from copying them. This is one of the American small business rights that is often essential for businesses that rely on their products to generate income. For instance, if you run a company that manufactures artificial turf, you can apply for a patent to prevent other companies from copying your design. You have the right to protect your intellectual property through patents and trademarks. This is one of the best American small business rights if you run businesses that rely on innovation. If you have developed a new product or process, you can apply for a patent to prevent others from using your invention without your permission. In addition, you can trademark your business name and logo to prevent others from using them without your permission.
Right to Free Speech
As a business owner, you have the right to free speech. This is one of the American small business rights that is often essential for businesses that want to voice their opinion on political or social issues. If you are concerned about a particular issue, you can contact your elected officials and let them know your thoughts. For instance, if you run a gun store and are concerned about gun control legislation, you can contact your elected officials and voice your opinion. It’s important to understand the difference between free speech and hate speech, however, as hate speech is not protected under the First Amendment. Hate speech is defined as speech that is intended to offend, threaten, or intimidate a particular group of people.
Right to a Fair Trial
You have the right to a fair trial if you are accused of violating the law. This is one of the American small business rights that is often essential for businesses that are facing legal trouble. If you are accused of violating a law, you will be entitled to a trial by jury. In addition, if you are convicted of a crime, you will have the right to appeal your conviction. Many businesses that often face legal issues, such as construction companies, can benefit from this right. Again, it’s best to familiarize yourself with the American small business rights available to you so that you can be prepared if you ever find yourself in a legal situation.
Refuse Customer Service
One of the best American small business rights is the right to refuse service to anyone. This is often essential for businesses that want to protect their employees and customers from potential harm. For instance, if you run a bar and do not want to serve alcohol to someone who is already intoxicated, you have the right to refuse service. In addition, if you own a lawn care business and do not want to service a customer who has a history of being abusive, you have the right to refuse service.
The American small business rights outlined above are just a few of the many rights that business owners have. It’s important to understand all of your rights as a business owner so that you can be prepared to protect yourself and your business. If you have any questions about your rights, be sure to consult with an attorney or business advisor. They can help you navigate the complex world of American small business rights and ensure that you are in compliance with the law.
