The process of interviewing and hiring new talent is subject to several aspects of employment law.

  • Job descriptions. The Americans with Disabilities Act (ADA) requires that candidates not be excluded from consideration or hiring due to disabilities. Interview locations must be easily accessible and you cannot ask candidates about disabilities.
  • Interviews. You may not question candidates about gender, race, color, religion, or age. Many jurisdictions no longer allow you to ask about a candidate’s criminal record during the early stages of the hiring process, prior to evaluating their qualifications. Similarly, many jurisdictions no longer allow you to ask a candidate for salary information.
  • Pre-employment checks. If you are going to include background or credit checks or drug testing, you must get written authorization from candidates and comply with the Fair Credit Report Act (FCRA). Make sure you are familiar with your state’s guidelines for credit checks.
  • New hire forms. When an employee begins work at your company, you have three days to complete Form I-9, verifying that the person is legally allowed to work in the U.S. You must also have federal Form W-4 and any required state forms completed.

A PEO is one option that can help you with onboarding new hires and meeting applicable state and federal paperwork requirements. Other options include using a payroll provider and outsourcing your HR services.

ADP TotalSource is one of the few PEOs that offers recruiting, interviewing, and hiring solutions. Entrusting talent acquisition to a PEO like ADP can free you to focus on your core business with the security of knowing that you will be getting the right talent you need to grow.