4 Labor Law Compliance Challenges

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Is your business compliant to current labor laws?

Whatever the size of your business, labor law compliance is always a big deal. The main problem faced by many business owners is the change and amendments to labor regulations. This may specially be an issue if your business is in a developing country, whereby new laws get into play as development progresses.

Some simple procedures, such as hiring staff, managing sick and paid leaves can become quite a challenge – federal, state or local governments are regularly amending a company’s responsibility to its workers. And as you already know, failing to keep up with these ever-changing rules often carry significant penalties.

For this reason, it is always in the best interest of your business to always stay up to date with the latest labor law changes. Below are some of the ‘must-know’ employment trends you should know when running a business, especially if your company is registered in the U.S.A.

Top 4 Labor Laws Compliance Challenges

  1. Employment at Will

While many business owners seem aware of this law, many do however misinterpret the Employment at will. Many business leaders often assume this means they can fire anyone, at any time, with no reason given.

In reality, wrongful termination of an employee can lead to heavy lawsuits for a company. It is VERY important you take the time to go through the list of protected classes and refrain yourself from acting (firing) an employee for any of the reasons listed. For example, you cannot fire an employee simply based on national origin, religion, gender, sexual orientation or HIV status. The list of protected classes is long, so be sure to carefully check the labor law regulations.

One precautionary measure that any company should undertake is keeping proper records. These include performance issues, counselling employees or any progressive training your employees have undertaken. This serves as your shield (and proof) if employees claim their rights have been violated if they are terminated.

  1. Employee Classification

Wage, salary and hour regulations are often a source of confusion, especially among small business owners. Classifying employees as exempt or non-exempt is a critical process when you have to deal with paying overtimes.

It is essential to keep time and attendance records accurately and up to date, as per the Fair Labor Standards Act (FLSA) rules or any similar law applicable to your region of operation. Safety trainings should be properly documented and compliant to your federal and/or state Occupational Safety and Health Administration (OSHA) regulations, or equivalent laws applicable to your business region.

  1. Mental Health and Medical Claims

If you are in U.S.A, you are most likely familiar with the Americans with Disabilities Act (ADA). One of the key requirements of this Act is that a company should offer reasonable accommodation for any workers who are differently capable.

One worrying trend over the past few years has been the growing number of reported cases where the employee claims the employer failed to provide a reasonable accommodation for his emotional or mental health issue. This trend very unlikely to stop, since more health care professionals advocate to reduce the stigma associated with mental illness.

Most businesses normally have an employee handbook. 90 percent of the time, this handbook prohibits drug use. What would happen if you fire an employee who fails a drug test but holds a valid prescription to use medical marijuana? Easy answer: the employee can sue you and this can lead to serious penalties for your company.

It is very important that you go through your country/state laws to enquire about all the possible aspects of the mental and medical claims.

  1. Background Checks

Commonly known as “ban the box” laws, these prohibit private companies from asking about an applicant’s criminal record in the hiring process. The aim of this law is to simply limit the company’s ability to make a biased decision based on an applicant’s criminal history. Studies carried out in also point the benefits to society as this has enabled more people “get a second chance” and helped in reducing the rate of recidivism.

California was the first state to enforce ban the box laws. Currently, many other states and countries have followed the example. It should be noted that private companies can still inquire about the criminal history, but only after an applicant is qualified for the job.

How to keep your business compliant

No matter what is the size of your business, it is key to be completely up to date with the latest employment laws. Legislations change routinely, and many smaller businesses assume labor and employment laws apply only to larger organizations. This may be true to some extent, such as paid family leave, but in the end it all depends on what country or state you operate in.

Being proactive and being able to adapt swiftly to any amendments is essential if you want to avoid significant fines and business penalties. While it is true that employment laws will forever continue to evolve around the world, there is a way to make it easier for business owners: a PEO.

A reputable Professional Employer Organization (PEO) can be your best line of defense to address any compliance issue. A PEO can be especially helpful if you are doing business on the African continent; where laws vary widely from country to country and change regularly.

Africa HR Solutions is the largest and most respected PEO on the African Continent. With a team of dedicated professionals and in country specialists, Africa HR Solutions has helped major brands across the globe set their footprint in Africa. We provide a wide array of services to help international businesses expand in 44 African countries.

Expanding your business in Africa? Talk to us.

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Grant Geraghty is the longest-serving member of the Africa HR team. This resident subject matter expert and client champion is responsible for gaining a deep understanding of our clients’ unique HR needs in Africa and providing tailored solutions that align with their business objectives. Grant collaborates closely with our clients to ensure that their requirements are properly implemented, providing ongoing support and guidance throughout the process.

Grant brings a wealth of experience to his role, having served as Africa HR’s longest-serving employee. He holds a Bachelor of Commerce degree, with a major in Economics and Business Finance, from the University of Natal in South Africa. Additionally, he has completed a certification program in Payroll and Tax Administration from the University of Cape Town, further enhancing his expertise in HR operations and compliance.

His commitment to delivering exceptional service and his extensive knowledge of HR in Africa make him an invaluable member of the Africa HR team.




Kevina Takoordyal has a BA Hons Business Management from the University of Glamorgan, UK, with MBA in leadership and Innovation, MBA General, PMP Certified, and Agile Scrum Master. She currently works as the Head of Operations at Africa HR Solutions Ltd with more than 20 years of proven leadership capabilities in Operations, Business Development, People Management, Process Optimization, and Project Management in the Financial Services, BPO, Banking Industry, and Heath Care Industry. In Senior leadership roles with an international footprint across Europe working and extensive Pan- African experience from a compliance, finance, and operations angle, Kevina comes across with a panoply of cross-functional skills. Kevina also serves on a few Boards, Non-Independent Executive at MioD and for NGOs on a voluntary basis, a coach and mentor to aspiring female leaders across Africa and Mauritius.

Kevina is a firm believer in Servant Leadership with a strong focus and commitment to uplifting others, with the ability to deliver through a highly engaged – diverse team, and works towards consistently synergistic value creation. While being a focused and adaptive thinker and Kevina is actively participating in panel discussions on Innovation, CX, Digital transformation.

Kevina serves as Project Assessor for the National Youth upskilling program. She has been recognized as Global Talent in a few companies, Ceridian, and International SOS Ltd whereby she has been awarded a few scholarships and had the opportunity to be mentored by Senior Vice President in the US. Award Winner in various fields and at a national level and recognized including Super Achiever Leader Award in Africa in 2016, Awarded Africa Women Leader 2018.



Head of Finance & Business Support

Viloshna is an experienced finance professional with 18 years of expertise in strategic financial planning, financial analysis, cash flow management, systems and controls implementation, financial reporting, and continuous process improvements. She currently serves as Head of Finance & Business Support, where she has successfully automated and leveraged the financial reporting system capabilities to ensure efficient company operations.

Viloshna’s background includes senior roles in a multinational pharmaceutical company and a large listed Mauritian conglomerate. Her meticulous attention to detail and strategic thinking have streamlined financial processes, making her a valuable addition to any finance team. Viloshna is a qualified finance professional with an FCCA qualification and an MBA, bringing valuable expertise to any organization.

In her current role, Viloshna leads the company’s Treasury and Payments function, including the fulfillment of the company’s cross-border payments into Africa. With her strong educational background and extensive experience, Viloshna consistently demonstrates her ability to optimize financial operations, minimize risks, and improve profitability. Her expertise in financial reporting and process improvements make her a valuable asset to any organization.



Head of Legal & Compliance

A qualified lawyer who joined Africa HR Solutions in July 2020, Mark Du Preez has experience working in private practice for a reputable law firm in South Africa. He also played commercially focused roles at a leading private bank, wealth management company, and outsourcing firm in South Africa and Mauritius.

Mark has played a pivotal role in Africa HR Solution’s risk mitigation strategy, which positively impacted P&L performance over the years.

He currently leads the Partnerships function of the company including relationships and oversight with in-country partners (ICPs) across Africa.

Alex Daruty - Africa HR Team


Head of Commercial

Alex has more than 15 years of experience in the global, strategic development of both enterprise and consumer brands in categories including technology, transport, enterprise software, entertainment, and travel.

With experience in roles on both agency and corporate side, he has worked across international brands and has led the development and execution of multi-discipline campaigns across EMEA, NORAM and Asia Pacific.

His focus is on driving meaningful business impact through brand differentiation and building high-functioning, digitally oriented, and analytically driven capabilities. He is motivated by working with, and developing dynamic people, teams, and organizations.

He leads, manages, develops and mentors the Key Account Management department, including line management responsibility for the team of Key Account Managers and Key Account Administrator who represent the Company as the primary communication link between all relevant stakeholders, including clients, third party in-country partners and internal functions.

Originally from Mauritius, he holds bachelor’s degrees in International Business, Finance and Management from the University of Nevada, Reno.