Make Sure Your Company Is Complying with Federal and State Laws During the Hiring Process

 Posted on December 14, 2022 in Business Law

One of the most critical components to the success of a business is its employees. But hiring employees can be a complicated process. Not only do you need to feel confident you are hiring the right person for the position, but you also need to make sure you are adhering to all federal and state rules and regulations as you navigate through that process. A simple mistake can be costly, resulting in fines and expensive litigation. The following are some of the most common errors companies make in their hiring process and are ones you want to avoid.

Watch Your Ad Language

Both federal and Florida laws prohibit any type of discriminatory language in job postings. This includes language that mentions:

• Age

• Ancestry

• Disability

• Gender

• Marital status

• Medical condition

• Mental health

• Religion

• Sexual orientation

Referencing a preference in the ad, such as “young female,” “faith-based male,” or “young man” as a requirement of the job is illegal and could create serious legal jeopardy for your company. 

Watch Your Interview Questions

During the hiring process, you or someone in the company will likely conduct interviews with potential prospects. Although the goal of these interviews is to determine if the candidate is right for the job, there are certain questions that the interviewer must avoid or your company could face serious legal liability. These questions include asking about the candidate’s:

• Age

• Disability

• Marital status

• Pregnancy and/or children

• Religious affiliation

• Sexual orientation

Watch for Overreaching Background/Security Checks

Florida law does allow companies to conduct background checks on potential hires. However, there are some rules that the company needs to follow. The applicant must be notified – in writing – that there will be a background check and they must give their written consent. There are also some limitations, such as the background check can only check for job-related and factual information.

One More Issue Not to Overlook

Once you do hire a new employee, it is important to file tax information about any new hires with the IRS and the state. This also includes the appropriate documents for independent contractors, as well. An experienced business attorney can assist you with all of these tax compliance issues.

Contact a Fort Lauderdale, FL Business Lawyer

If you want to ensure your company is not vulnerable to legal action or penalties because of the hiring process you have in place, or any other employee/employer-related issues, call The Elliot Legal Group, P.A. at 754-332-2101 today. We can schedule a consultation with one of our skilled Broward County employment law attorneys who will be happy to work with your company and ensure all protections are in place.

Sources:

https://iprospectcheck.com/florida-background-check/

https://www.eeoc.gov/employees-job-applicants