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Article
6: Legal Responsibilities
Even as you begin the search for an employee, youll be expected to comply with laws that govern hiring practices. Federal and state regulations vary according to the number of workers you employ and the nature of your business. Youll need to understand your legal responsibilities before you start the hiring process.
The laws, such as the Americans with Disabilities Act, The Civil Rights Act, Fair Debt Credit and Reporting Act and others, determine what you can and cant do in:
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Setting job descriptions and requirements
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Advertising for employees
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Screening and interviewing applicants
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Making a job offer to an applicant
As an employer even with a single employee youll be held accountable to a tangled web of federal and state laws, such as:
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Wage and hour laws
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Regulations that govern retirement plans, healthcare benefits and life insurance benefits
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Workplace safety rules
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Regulations about how to write personnel policies and conduct performance reviews
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Rules that determine what you should and shouldnt put in an employees personnel file
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Laws designed to avoid sexual harassment as well as discrimination based on gender, age, race, pregnancy, sexual orientation and national origin
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Regulations about how to terminate an employee without trampling on his or her legal rights
Books and online resources, as well professional advisors, can help you find answers to the legal questions youll face as an employer. But the fact remains that youll need to devote precious time and energy to keeping up with changes in state and federal employee regulations. It isnt an easy or pleasant duty. Before you decide to hire, be sure youre prepared to tackle the task.
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