Time to brush up on employment law basics for employers
As we find ourselves in the last half of 2024, we felt it was right to go back to the basics for those navigating the complex landscape of employment law. Understanding these laws helps to protect your business from legal disputes and fosters a positive environment for employees while ensuring compliance and a fair and productive workplace.
Outlined below are some fundamental aspects of federal employment laws that every employer should be familiar with.
Hiring practices
You must follow federal and state laws when hiring new employees. Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) prohibit discrimination based on race, color, religion, sex, national origin, disability, or age. Ensure your job postings, interview questions, and hiring criteria do not violate these protections.
Conducting background checks is a common practice, but you must comply with the Fair Credit Reporting Act (FCRA) and state-specific laws, which require obtaining written consent from the candidate and providing them with a copy of the report if adverse action is taken. Some states also have laws that prevent employers from asking questions about criminal history or felony convictions before making a conditional job offer, so be sure you know the laws in any state where you are hiring.
Wage and hour laws