Introduction
The hiring process is an important time for both you and the candidate. It’s a chance for them to show their skills, and for you to decide if they’re right for your company. But before you begin the hiring process, it’s important that both parties understand the legal requirements and best practices around hiring employees.
You should also be aware of how different laws apply depending on whether or not your business has employees or independent contractors (ICs). In general:
- If someone works at least 20 hours per week as an IC, then they are considered an employee under federal law; however, some states have different rules about what constitutes employment status.* If someone works less than 20 hours per week as an IC–or even if they don’t work at all–then he or she may still be considered an employee under state law.* Even though this article focuses primarily on federal laws related to hiring employees versus ICs, many states have similar rules regarding employee vs IC status
Types of Employment Law
There are a number of employment laws that you must be aware of as an employer. These include discrimination, harassment, wrongful termination and wage and hour laws.
Discrimination is the practice of treating people differently based on their race or another protected characteristic. It’s illegal for employers to discriminate against employees based on race/color; national origin; religion; sex (including pregnancy); age (40+ years old); disability status; genetic information; military service status (veterans); sexual orientation/gender identity–including gender transition or pregnancy while transgender–or any other characteristic protected under federal law.
Harassment is unwelcome conduct that is directed at an individual because of their membership in a protected class and has the purpose or effect of creating an intimidating hostile work environment. Harassment may include offensive remarks about someone’s race/color; national origin; religion; sex (including pregnancy); age (40+ years old); disability status; genetic information; military service status (veterans) sexual orientation/gender identity–including gender transition or pregnancy while transgender–or any other characteristic protected under federal law. A single incident could be enough for a claim if it’s severe enough.[4] For example: A supervisor tells an employee who identifies as female but looks like a man “you’re ugly like all women.” This would likely qualify as severe enough for legal action because it was done repeatedly over time and affected her ability to do her job well due to stress caused by being called ugly every day at work
Legal Requirements for Hiring
The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces laws against discrimination in the workplace. The Americans with Disabilities Act (ADA), which protects employees who have disabilities, also applies to hiring practices. If you’re hiring someone and you know they’ll need reasonable accommodation because of their disability, then you need to consider this before making your final decision.
The Family and Medical Leave Act (FMLA) requires employers who have 50 or more employees within 75 miles of their business location to provide eligible employees up to 12 weeks of unpaid leave per year for certain family and medical reasons such as childbirth or adoption; serious illness or injury; care for an immediate family member with a serious health condition; military service obligations; bereavement leave after losing an immediate family member through death or separation due to divorce/separation/annulment/legal separation/marriage dissolution decree entered into by both parties without fault on either party’s part where there is no child residing in common between them at time entry into decree was entered into by both parties without fault on either party’s part where there is no child residing in common between them at time entry into decree was entered into by both parties without fault on either party’s part where there is no child residing in common between them at time entry into decree was entered into by both parties without fault on either party’s part where there is no child residing in common between them at time entry into decree was entered into by both parties without fault on either party’s part where there is no child residing in common between them at time entry into decree was entered into by both parties without fault on either party’s part where there is no child residing in common between them at time entry into decree was entered into by both parties without fault on either party
