No matter the size of your business, you must comply with hiring regulations or you could end up facing stiff penalties. While compliance requires an understanding of federal and state employment law, those statutes can be quite complicated.
To help you get started, here are some tips for staying compliant with employment law.
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 HR solution, and have new hires fill in the digitized I-9 form during onboarding.
Job application forms
A job or employment application form is a document that would-be workers fill in when they're being considered for a position. It serves 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.
They 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.
Conducting pre-employment checks
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. For employers intending to conduct pre- or post-employment checks using a third party, the Fair Credit Reporting Act (FCRA), federal legislation that sets the standard for employment screening, restricts what may be checked, and how.
If the employer is using a third-party employment screening company, the FCRA, which refers to background checks as consumer reports, stipulates 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.
Why deploy a robust recruiting, interviewing and hiring solution
Aside from those listed above, there are many other laws and regulations pertaining to the hiring and job application and interview process, and they are constantly updated and may change at a moment's notice.
Even the most experienced HR personnel, employment attorney or compliance expert will find it challenging to keep up with the myriad laws and changing statutes concerning the job application process. The slightest procedural error can leave your business open to litigation and a host of legal consequences, such as penalties. Your best bet is to leverage a best-in-class HR solution with built-in capabilities and functionalities that enable compliance with hiring regulations and with federal and state employment law.
Such solutions use compliance technology to help employers and HR professionals easily navigate compliance challenges and enable them to make faster, better and more-informed hiring decisions. To learn more about how the technology can help you comply with federal and state employment laws, get in touch with an Inflection HR team member today.