Skip to content
All posts

What legal requirements must a small business in Pennsylvania comply with when it comes to hiring employees?

Legal Requirements for Hiring Employees in Pennsylvania

As a small business in Pennsylvania, there are several legal requirements that must be complied with when it comes to hiring employees. Below are the key legal requirements:

  1. Non-Discrimination: Small businesses in Pennsylvania must comply with both federal and state anti-discrimination laws. This means that businesses cannot discriminate against applicants or employees based on their race, gender, age, religion, national origin, pregnancy, disability, or genetic information. Small businesses must also comply with the Americans with Disabilities Act (ADA) and provide reasonable accommodations to qualified individuals with disabilities.
  2. Employment Verification: Employers in Pennsylvania are required to verify the employment eligibility of their new hires. This can be done by completing and retaining Form I-9, Employment Eligibility Verification, for each employee. Employers must also comply with E-Verify requirements, which is an online tool that compares information from an employee's Form I-9 against data from the federal government to verify their eligibility to work in the United States.
  3. Minimum Wage and Overtime: Small businesses in Pennsylvania must comply with the Pennsylvania Minimum Wage Act, which requires employers to pay their employees at least the minimum wage provided by law. The current minimum wage is $7.25 per hour. Additionally, Pennsylvania law requires employers to pay their employees overtime for any hours worked over 40 hours in a workweek, at a rate of one-and-a-half times their regular rate of pay.
  4. Employee Benefits: Small businesses in Pennsylvania must comply with state and federal laws regarding employee benefits. This includes providing workers' compensation insurance, unemployment compensation coverage, and complying with the Family and Medical Leave Act (FMLA) which requires employers to provide employees with up to 12 weeks of unpaid leave for specified family or medical reasons.
  5. Workplace Safety: Employers in Pennsylvania have a legal obligation to provide employees with a safe workplace. Employers must comply with Occupational Safety and Health Administration (OSHA) standards that provide specific guidelines for preventing workplace injuries and illnesses.

It is important to note that there may be limitations and exceptions to these legal requirements, depending on the size of the business and the specific circumstances of each case. Small businesses should consult with an experienced attorney to ensure compliance with all legal requirements and to obtain further guidance in specific situations that may arise.