4 Legal Issues that Staffing Agencies Consider
Legal Issues are Hard to Manage
There are always legal issues to consider when hiring new employees or staff members for your team. It’s a matter of how you approach it that makes or breaks your company. That’s why companies turn to staffing agencies to help them navigate these choppy waters. Sometimes it’s better to just let the professionals handle it.
Background Checks and Discrimination
Sometimes clients attempt to use background checks as a way to weed out undesirable candidates. Their general intent is to make sure the candidate isn’t unqualified or a liability. Staffing agencies must be wary of this and be cognizant of clients who attempt to use background checks as a discriminatory tool.
Although healthcare in this country is constantly in flux, anyone who works for a company must be classified for wage purposes. For instance, Obamacare requires employers with 50 or more employees to provide healthcare insurance to their employees. Many crafty employers attempted to mis-classify their employees as independent contractors in order to get around this mandate. This, of course, is illegal. Don’t do this.
Hours Worked and Wages Earned
Are employees exempt or non-exempt? It can be difficult to tell. Exempt employees are salaried and work 40 hours a week with no overtime, while non-exempt employees are hourly and can work overtime. Salaried workers are typically administrative, managerial jobs. Employers shouldn’t mis-classify these positions.
When hiring employees from abroad, you will bring over amazing workers, yet you will also have to deal with visas. Any violation — even unintentional — can mean problems for your agency in the form of fines or penalties. These visas also need to be renewed periodically. Make sure to get those dealt with as soon as possible so they don’t bite you later on.
Need some assistance figuring out how to hire new employees? We’ve got you covered. Legal issues can be complicated, but SuitsOn Staffing can help make things as simple and easy as possible.