Starting or growing a business can be exciting but difficult. Navigating the numerous legal issues of operating a growth company can be challenging. Furthermore, if you want to conduct thorough background checks for employees or volunteers, there are federal and state regulations to consider.
Awareness of the laws surrounding background screening and other operations can help you avoid extra costs and negative legal consequences. Consulting a reputable background screening service can also remove much of the guesswork and bring peace of mind.
Staying Compliant With Background Screening Regulations
Except for investigations that could uncover medical or genetic information, requiring background checks or inquiring about work background is legal. However, getting a handle on the specific stipulations can take time for any fledgling company. In addition to federal regulations, you must stay on top of state and municipal laws, which can change constantly.
Although regulations differ depending on your organization’s location, there are some that all organizations must follow. The Equal Employment Opportunity Commission (EEOC) mandates that whenever you base a hiring decision on information from a background check, you must protect that person from discrimination based on age, race, color, national origin, gender, sex, disability, religion, and genetic information.
Employers must also adhere to the Fair Credit Reporting Act (FCRA), which outlines the adverse action requirements that they must follow if something negative comes up in an applicant’s background search. Remember that an applicant is entitled to dispute information in their record that they claim is incomplete or inaccurate. They also have the right to know what’s in their file.
Onboarding New Employees
To understand the complexities of onboarding, it’s important not to confuse it with orientation, which mainly involves familiarizing the new hire with the company’s policies, mission, and culture. Orientation is usually just one element of onboarding, which involves helping new employees acclimate to the new job and organization. Onboarding can take several months and typically includes on-the-job training, paperwork, mentor assignment, communication of expectations, and socialization activities.
Many legal issues surround onboarding, one of which is verifying the employee’s understanding of company policies and rules. To this end, your company should request a signed copy of the employee handbook from the new hire. You also need to collect signed tax forms like the W-4, I-9, and other paperwork, depending on their job classification.
It’s also crucial to be clear about state laws governing minimum wage, overtime pay, and sick leave. Successful onboarding also requires compliance with laws governing
- Protections under the Americans with Disabilities Act (ADA) and EEOC
- Creation and maintenance of personnel files
- Alcohol or drug testing policies
- Employee termination policies
- Non-disclosure agreements and confidentiality
Other Legal Issues
Along with the legal issues about background screening and onboarding, there are other legal matters that your organization shouldn’t overlook:
- Paying taxes on business income, collecting sales tax, and complying with other regulations
- Protecting intellectual property with patents, trademarks, or copyrights
- Drawing up legally compliant contracts
- Obtaining required permits and licenses
How BIB Can Help Your Growing Business
At BIB, we want your growing company to thrive for many years. If you have questions about what kinds of background checks to perform or how to improve your hiring process, we can help. Also, we’re committed to helping your organization follow the law during every screening and onboarding phase. To find out what we can do for your growing business, call us at (704) 439-3900 or visit us at BIB.com today.
