Work and Employment: Legal Challenges You Need to Face
Many people don't want to face any legal issue in their lives, especially when they have a business or are trying for a job. But there are many laws that employees and employers can break without knowledge, and this is especially true when hiring people. Some businesses already check the following areas, but some might not know the Here are some laws that you should be aware of so that you won't get into any trouble in the future.
Visas and Immigration
Many employers are looking overseas for their talent. While this is a great way to reach an untapped pool of workers, bringing them into the country can be daunting. Immigration law nowadays can be a bit complex so you'll need to hire an immigration attorney to help ensure that your employee won't get deported. For example, in 2017, immigrants required to submit a new Form I-9 to get immigration approval. There was no significant change to the form, but it did ask for additional documents to facilitate the visa. Note that it won't be your employee alone who will face problems if their immigration papers are not up-to-date. You might end up facing fines for employing an illegal immigrant. Avoid all those problems with the help of a good lawyer.Illegal Interview Questions
There are laws in place to guard against discrimination. Despite this, people still experience it. If you want to be a fair employer, you need to protect against discriminatory policies inside your company. One of these is having illegal interview questions. That sounds surprising, but there are things you shouldn't ask a prospective employee. The problem is that some questions may sound natural or come up in conversation organically.For example, asking about how old a female applicant's children are may sound like curiosity, but it can though of as discriminatory. They might think that you are asking because you think that taking care of small children will make the applicant a bad worker. Other illegal questions include asking about past illnesses since they may think that you won't hire someone who faced a serious illness.
To avoid dealing with these issues, you should sit down with your interview team and craft questions that focus on the applicant's achievements and skills. You can ask them about how they react to various situations and what makes them qualified for the position they are asking. Personal information should be off-limits, and you should only judge workers for their abilities.
Legal Background Checks
While it is a good idea to do background checks on your employees, there are still some laws to follow. For example, if you find an arrest record in your applicant's past, you should not use it as justification for not accepting their application. An arrest alone is not enough to prove that they are guilty.Another example would be a hit on a marijuana test. Many states are making marijuana legal, so being positive for marijuana should not be a reason to reject the applicant. There are already laws in Arizona, Connecticut, Delaware, Illinois, Maine, Minnesota, Nevada, New York, and Rhode Island that prohibit discrimination based on the fact that a person is a medical marijuana cardholder or tested positive for marijuana.
Child Labor Laws
While not all businesses hire young people, there are still many teens who go to work for an internship or even summer jobs. While they may be old enough to work for you, they are still not legal adults. This means that you have to follow child labor laws when you hire them. There are certain jobs that they may not do, depending on their age. For example, 16 and 17-year-olds may seem mature, but they cannot operate a variety of machinery like bakery machines, power saws, and more. This is for their safety. Minors that are 14 years old and below can only have certain jobs available to them like acting, some agricultural jobs, delivering newspapers, and working for their parents.Other restrictions include ensuring that all minors are safe at their jobs and that the work does not impede their education. It would be best if you also had unexpired certificates of age for all minors that you employ. After checking all the mentioned things, you can proceed to sign legally secure contract template.
When you are building a company, you must hire the right people. But along with choosing the best applicants for a job, you should follow the rules for hiring them. Being aware of all the potential legal issues when hiring someone ensures that you won't have any legal issues in the future. Remember to always consult with a business lawyer to know what laws you need to follow when it comes to hiring.
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Posted - 09/28/2020
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