Employee Registration Requirement
All U.S. employers are responsible for completion and retention of Form I-9 for each individual
they hire for employment in the United States. This includes citizens and noncitizens. On the
form, the employer must verify the employment eligibility and identity documents presented by
the employee and record the document information on the Form I-9. I-9 Forms can be obtained by
downloading from the U.S.
Citizenship and Immigration Service (USCIS ) Website.
Equal Employment Opportunity Commission (EEOC) Requirements
When advertising for and interviewing job candidates, it's important to focus exclusively on
the skill and experience needed for the position. Under Title VII of the Civil Rights Act of 1964, the
Americans with Disabilities Act (ADA), and
the Age Discrimination in Employment Act
(ADEA), it is illegal to discriminate in any aspect of employment, including hiring;
compensation, assignment, or classification of employees; job advertisements; recruitment;
testing; training and apprenticeship programs; or other terms and conditions of employment.
Many states and municipalities also have enacted protections against discrimination and
harassment based on sexual orientation, status as a parent, marital status and political
affiliation. For information, please contact the
EEOC District Office nearest you. Take a look at interviewing guidelines to learn more about what you can and
cannot ask in an interview.
Union Requirements
Right to Work states secure the right of employees to decide for themselves whether or not to
join or financially support a union, and makes it illegal for unions to require membership as a
condition of employment. In non-Right to Work states, employees may be required to join unions
in order to retain employment at some companies regardless of opposing political views or
religious beliefs. If unions have or are forming in your business, find out what the law is in your state.
Reference Checks
When called for reference checks, employers are generally expected to reveal only the
employees' date of hire, date of termination and job title, and are prohibited from giving
confidential information. If the applicant signs a "waiver and hold harmless agreement" as a
condition for applying for employment, the employer may feel more comfortable specifying
additional information specified by the agreement.
Credit Checks
To obtain a credit report on an employee or prospective employee, the employer must provide
clear and conspicuous written notice that a credit report may be requested, and obtain written
consent from the applicant or employee.
Background Checks
Employers generally have the right to access arrest and conviction records that are public
information, but whether employers can use such information for hiring decisions varies from
state to state. Some states allow employers to discriminate based on criminal convictions, but
not on arrests. Other states apply varying rules depending on the position or industry being
applied for. Check with your State labor department to
find out what laws may apply to you.
Employing Foreign Workers
If you are contemplating hiring foreign workers, be sure to review the U.S. Citizenship and
Immigration Services Employment Handbook (pdf file).
Minors
The Fair Labor Standards Act (FLSA) sets wage, hours worked, and safety requirements for minors
(individuals under age 18) working in jobs covered by the statute. The rules vary depending
upon the particular age of the minor and the particular job involved. As a general rule, the
FLSA sets 14 years of age as the minimum age for employment, and limits the number of hours
worked by minors under the age of 16. Visit YouthRules for Employers to learn
more about federal and state laws that apply to young workers.
People with Disabilities
Visit the Social Security
Administration's Employers' Web page for information on hiring people with disabilities,
including tax incentives, referral services, FAQ's, and helpful links to the Department of
Labor's Office of Disability Employment Policy.
Employing Military Reservists and National Guardsmen
Find out what your obligations are under the Uniformed Services Employment and Reemployment
Rights Act (USERRA) by using the U.S. Department of Labor's Resource Guide to USERRA.
