Federal and state laws impose a variety of requirements related to the hiring process. While employers should be aware of the specific laws applicable in the jurisdictions in which they operate, all employers should consider the following:
1. Does your state require you to use E-Verify?
A number of states recently enacted laws requiring employers to verify the immigration status of new hires through the federal E-Verify system.
2. Does your application include a disclaimer?
Employers should consider including a disclaimer in job applications making clear that the application does not constitute an offer or guarantee of employment and that all employees will be hired on an “at will” basis, meaning that they can be fired with or without notice at the discretion of the employer. Applicants should also be required to sign their applications and certify that all of the information contained therein is accurate and that the applicant understands that providing false information is grounds for termination.
3. Do you perform federal contract work?
Companies that provide services pursuant to a contract with the federal government are subject to a variety of hiring-related requirements imposed by regulations and Executive Order. Employers should consult with counsel to determine whether they are subject to these additional requirements.
