What are the legal requirements for hiring employees in Ohio and how can I ensure I am properly conducting background checks?
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To hire employees in Ohio, there are several legal requirements that employers must comply with. These requirements include:
- Obtaining an Employer Identification Number (EIN) from the Internal Revenue Service (IRS) if you plan to hire employees.
- Registering with the Ohio Department of Job and Family Services for state unemployment taxes and workers' compensation insurance.
- Posting notices regarding employee rights and safety, worker's compensation and unemployment benefits, and the minimum wage in your workplace.
- Complying with federal and state anti-discrimination laws, including Title VII of the Civil Rights Act and the Ohio Civil Rights Act.
- Maintaining accurate records of employee hours worked, wages paid, and taxes withheld.
- Ensuring employee safety and health under the Occupational Safety and Health Act (OSHA).
- Paying at least the minimum wage and overtime as required under the Fair Labor Standards Act (FLSA).
As for conducting background checks, employers must follow the guidelines put forth by the Fair Credit Reporting Act (FCRA) which requires employers to obtain written consent from the applicant before conducting a background check. The employer must send the applicant a disclosure form stating the nature and scope of the background check, and the results of the background check cannot be used in a discriminatory manner.
Furthermore, Ohio has enacted several laws to regulate the use of criminal records in employment decisions. The Ohio Civil Rights Commission has established specific factors that employers must consider when evaluating applicants with criminal records, including the nature and gravity of the criminal offense, the time elapsed since the offense, and the nature of the job being sought.
To ensure that you are properly conducting background checks, it is best to consult with legal counsel to review and update your hiring practices and policies. It is also important to maintain accurate records of the background check process and notification to the candidate/applicant. Finally, if any adverse actions are taken as a result of the background check, such as failure to hire, the applicant should be notified and provided with a copy of the background check report.
