Federal, state, and local laws restrict the types of information that can be obtained via background checks and how the data received can be used.
Resources for Employers
Equal Employment Opportunity
The Equal Employment Opportunity Commission enforces federal laws pertaining to equal pay, discrimination, and civil rights.
State Equal Pay Rules
Many states have established equal pay laws to address pay discrimination in the workplace. Certain employers may be exempt from these laws.
Per the U.S. Citizenship and Immigration Services, employers must complete Form I-9 for each new hire to help verify the employee’s employment eligibility.
Employers are supposed to give new hires, and existing employees who want to update their federal income tax withholding, a W-4 form to fill out.
(Federal) Employment Taxes
IRS Publication 15 contains your federal employment tax obligations and the federal withholding rules that apply to your employees
DOL Labor Laws
The U.S. Department of Labor’s major laws relate to wages and hours, health and safety, employee benefits, wage garnishment, labor posters, and others.
State Labor Laws
Employers should check with the state department of labor for state statutes on minimum wage, overtime, rest breaks, child labor, workplace posters, and more.
Benefit Plan Reporting
The Employee Benefits Security Administration (EBSA) has specific rules for reporting and disclosing health and welfare plans.
State Tax Agencies
The state tax agency administers state employment tax rules. They can also point employers in the right direction regarding applicable local taxes.
Employers must adhere to applicable health and safety standards, such as providing a safe workplace and performing injury/illness reporting.
State Workers' Compensation Laws
Whether employers must carry workers’ compensation depends on various factors, including the employer’s state, industry, and size.
Federal Labor Laws by Company Size
The types of federal employment laws you’re subject to often comes down to the size of your business, or number of employees.
State Laws on Marijuana Use
Many states have marijuana laws that address marijuana use at work, plus off-duty marijuana use for medical and recreational purposes.