What are the legal requirements for hiring employees in Pennsylvania?
Legal Requirements for Hiring Employees in Pennsylvania
The state of Pennsylvania has certain legal requirements for hiring employees that must be met by employers. The following is a list of legal requirements:
- Non-Discrimination: Employers cannot discriminate against any potential employee based on race, gender, age, religion, disability, and other protected classes. It is important for employers to be aware of federal and state anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Pennsylvania Human Relations Act.
- Employee Eligibility Verification: Employers must verify that each employee they hire is legally authorized to work in the United States. This is usually done by completing the Form I-9, Employment Eligibility Verification, within three days of the employee’s hire date.
- Wage and Hour Laws: Employers must comply with federal and state wage and hour laws regarding employee compensation, overtime pay, minimum wage, and other related aspects. As of 2021, the federal minimum wage is $7.25 per hour, but Pennsylvania's minimum wage is higher than that, currently $12.00 per hour.
- Workers’ Compensation: Employers who have one or more employees must carry workers' compensation insurance coverage. This insurance provides benefits to employees who are injured while at work or suffer from a work-related illness.
- Labor Laws: Employers must comply with federal and state labor laws, such as the Family Medical Leave Act (FMLA), the Occupational Safety and Health Act (OSHA), and the Fair Labor Standards Act (FLSA).
- Record Keeping: Employers must keep records of employee information, including their name, address, Social Security number, the date they were hired, and their compensation. Employee records should be maintained for at least three years.
In addition to these requirements, employers should also be mindful of any local city or county ordinances that may affect hiring practices. Employers who fail to comply with these legal requirements can face penalties, fines, and lawsuits.
It is highly recommended that employers consult with an experienced employment attorney to ensure compliance with all legal requirements, as well as to address any specific concerns or issues that may arise in the hiring process.