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.
