Federal, state, and local laws restrict the types of information that can be obtained via background checks and how the data received should be used.
Resources For Employers
Payroll, HR, and Benefits
Equal Employment Opportunity
The Equal Employment Opportunity Commission enforces federal laws pertaining to equal pay, discrimination, and civil rights.
State Anti-Discrimination Laws
Most states have laws protecting employees against workplace discrimination, including on the basis of race, national origin, age, religion, and disability.
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.
Immigration
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.
Drug Testing Laws
A number of states impose limits on workplace drug-testing, including random testing and how test results should be applied.
Form W-4
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 employer federal employment tax obligations and the federal withholding rules applicable to employee wages.
State and Local Tax Withholding
Employers should have new hires and employees fill out a state or local tax withholding form, if the state or local government requires it.
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.
State New Hire Reporting
Employers must report new hires to the respective state agency shortly after hiring them. The reports are essential to child support collection.
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.
State Unemployment Tax
Most employers must report and pay unemployment tax to the state workforce agency. A few states also require unemployment tax withholding.
OSHA Regulations
Employers must adhere to applicable health and safety standards, such as providing a safe workplace and performing injury/illness reporting.
State Workers' Compensation
Most employers must carry workers’ compensation insurance. State requirements vary, such as by employer industry and size.
State Laws on Employee Leave
Some states have their own leave laws, such as paid sick leave, paid family leave, military leave, jury duty leave, domestic violence leave, and voting leave.
State Minimum Payday Laws
Most states have regulations dictating minimum payday frequency. Employees cannot be paid less regularly than the state-mandated timeframe.
Cannabis and Employment Laws
Some states have laws that address cannabis use (such as for medical or recreational purposes) from an employment perspective.
OSHA On-Site Consultation
OSHA’s On-Site Consultation program delivers free, confidential health and safety training services to small and midsize businesses in all 50 states.
Financial Assistance Poster
A free poster with helplines for employees needing financial assistance. Distribute the poster to your employees digitally or pin it to your breakroom wall.
Employer.gov
This DOL website helps employers better understand their employment responsibilities and includes resources specifically for small businesses.
DOL elaws Advisors
The DOL offers an array of online advisors to help employers and employees comprehend their employment rights and obligations under federal law.