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 Pay Equity 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 oversees federal labor laws, including wages and hours, health and safety, employee benefits, wage garnishment, and posters.
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 Taxation Agencies
State taxation agencies administer 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
Most employers must carry workers’ compensation insurance. State requirements vary, such as by employer industry and size.
State Minimum Payday Laws
Most states have regulations dictating minimum payday frequency. Employees cannot be paid less often than the state-mandated deadline.
Cannabis and Employment Laws
Some states have laws that address the employment parameters (such as anti-discrimination) for medical and recreational cannabis use.
OSHA On-Site Consultation
OSHA’s On-Site Consultation program delivers free, confidential health and safety training services to midsize and small businesses in all 50 states.
This DOL website helps employers better understand their employment obligations, and includes resources specifically for small businesses.