As more individuals begin to enter the workforce, employers must remain compliant with hiring and onboarding laws. To that end, there are several employment laws that govern the employee hiring and onboarding process. Chiefly, these employment laws include regulations that verify employment eligibility, protect confidential candidate and employee data, and prevent discrimination. For instance, laws under the U.S. Equal Employment Opportunity Commission (EEOC) make it illegal to discriminate against someone because of that person’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age, disability, or genetic information. Earlier, the U.S Congress overturned a Trump-era EEOC employment bias rule.

Four Major Hiring and Onboarding Laws

The U.S. Department of Labor (DOL) administers and enforces more than 180 federal laws that cover the hiring and onboarding process, as well as workplace activities, in general. These laws and resources are vital to employers seeking to hire and onboard new employees. In brief, here are some of the most commonly applicable hiring and onboarding laws:

  1. Immigration Reform and Control Act of 1986 (IRCA): The IRCA amends the Immigration and Nationality Act (INA) to cover employment practices. Basically, the IRCA makes it unlawful for a person or other entity to hire or continue to employ any alien knowing that such person is unauthorized to work. Furthermore, the IRCA makes it unlawful to hire any person without verifying his or her work status. Consequently, federal law requires that every employer must complete Form I-9, Employment Eligibility Verification. Form I-9 helps employers verify their employees’ identity and employment authorization.
  2. Equal Employment Opportunity Laws: The EEOC enforces laws that prohibit hiring and employment discrimination based on race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age, disability, or genetic information.
  3. Fair Labor Standards Act (FLSA): Provisions under the FLSA establish a minimum wage, overtime pay, recordkeeping, and child labor standards. Specifically, these provisions apply to the private sector and in federal, state, local governments.
  4. Workers’ Compensation: Some industries may require workers’ compensation insurance to be made available. However, administration and oversight of workers’ compensation occur at the state level. Therefore, employers should contact their appropriate workers’ compensation program to comply with their respective state laws.

Hiring and Onboarding Digital Compliance Bundle

To help maintain compliance with hiring and onboarding laws, Personnel Concepts created the Hiring and Onboarding Digital Compliance Bundle. The compliance bundle helps employers keep up with state and federal anti-discrimination laws, notification requirements, and documentation requirements. In addition, it includes sample interview questions, an interview evaluation form, and a new hire orientation checklist.