What are the steps an Illinois-based business should take to protect themselves legally when hiring employees?
As an Illinois-based business hiring employees, there are several steps you should take to protect yourself legally:
- Comply with anti-discrimination laws: You should ensure that you do not discriminate against any candidates based on their race, gender, age, religion, or any other protected characteristic. You must comply with federal and state laws such as the Americans with Disabilities Act (ADA) and the Civil Rights Act of 1964.
- Conduct background checks: To prevent negligent hiring, you should perform a background check on each candidate before hiring. This will enable you to discover any criminal history, financial problems, or relevant legal issues that might influence their work. It is crucial to comply with the Fair Credit Reporting Act (FCRA) when performing background checks.
- Draft strong employment contracts: Clearly written employment contracts can protect you legally by outlining the terms and conditions of employment, including job duties, compensation, benefits, and termination provisions. It can be helpful to get an attorney's assistance in drafting these contracts.
- Adhere to wage and hour laws: You must ensure that you comply with federal and state wage and hour laws when hiring employees. This includes minimum wage and overtime requirements under the Fair Labor Standards Act (FLSA).
- Introduce employee policies: You should have specific policies in place that govern issues such as harassment, vacation time, sick leave, social media use, and other issues that arise in the workplace. These policies can help prevent employee disputes and protect you from legal action.
- Train your supervisors: It is beneficial to train your supervisors on how to manage employees, including how to conduct performance evaluations, provide feedback, and discipline employees when necessary. Proper training can help prevent legal disputes with employees.
Limitations and exceptions: There may be certain limitations and exceptions in specific cases, which is why it is always recommended to consult with an attorney when considering legal action. In Illinois, some positions may require specific licenses or certifications, such as healthcare professionals or licensed contractors.
Additional suggestions: If you have any concerns or questions about legal matters, seek the advice of an experienced lawyer familiar with employment law in Illinois. Additionally, consult Federal Trade Commission guidelines regarding hiring procedures to stay up to date on regulations.