No matter the size of your business, labor law compliance is of the utmost importance. Labor law compliance requires an understanding of federal and state employment law, and those statutes can be quite complicated.
Labor Law Compliance
Here are a few things you can do in the job application and onboarding process to take some initial steps towards staying compliant with labor laws.
Filing I-9 Forms
The Employment Eligibility Verification Form I-9 verifies the identity of employees and their eligibility for employment in the United States. By law, Form I-9 must be filed within three days of an employee's start date. Before filing, you must ensure that the correct dates and signatures have been filled in and that all correct supporting identification documents are attached.
Filing an incomplete form or missing the deadline will result in fines.
On termination, employers are also required to destroy those forms one year after their last day, or three years after the employee's start date, whichever is later. The best way to comply is to implement a paperless system by leveraging the functionalities of a robust cloud-based HR solution and have new hires fill in the digitized I-9 form during onboarding.
Modern onboarding and talent acquisition tools and solutions are a great resource to leverage to help maintain labor law compliance.
Using Job Application Forms to Improve Labor Law Compliance
Job application forms serve as the employer's information source about potential hires. Federal and state law requires the inclusion of certain notices and specific questions on the form.
To stay compliant with labor laws, application forms should include notices of at-will employment, Americans with Disability Act (ADA) procedures, and criminal-background check questions.
Employers who do not follow job application regulations are at risk of non-compliance penalties and liability claims. As such, it's essential that you stay up-to-date on that aspect of employment law.
Conduct Pre-Employment Checks to Improve Labor Law Compliance
Employee background checks are reviews of an individual's financial, employment, criminal and commercial records. While some employers conduct them after they've hired the person, others do so as part of the job application process. Including these checks in your application process is a great way to help ensure labor law compliance.
For employers intending to conduct pre-employment checks using a third party, the Fair Credit Reporting Act (FCRA) sets the standard for employment screening, and restricts what may be checked, and how.
The FCRA, which refers to background checks as consumer reports, states that employers must inform new hires or job applicants of their intention to conduct such a check, and obtain written authorization before they can proceed. If the employer is just conducting preliminary inquiries on its own, it is not required by law to obtain applicant consent.
Ensure Labor Law Compliance with a Cloud-Based HR Solution
There are many labor laws that businesses must stay compliant with. For example, you may need to check your compliance with Arizona's paid sick leave law. Even the most experienced HR personnel, employment attorney, or compliance expert will find it challenging to keep up with the myriad of laws and changing statutes.
Utilizing the job application process as a tool to help maintain compliance with labor laws is a great way to start ensuring compliance. It's even easier when leveraging a modern, cloud-based HR solution, like those available through Inflection HR.
To see how Inflection HR is already helping countless businesses stay compliant with state and federal labor laws, contact us today. Or if you are an Arizona employer in need of immediate assistance with Arizona or federal labor laws, schedule a consultation with us today.