Legal Hiring Issues

Learn about laws that govern each stage of the employment cycle, from recruitment and hiring to termination and beyond.

See the SBA’s page on Business Law and Regulations for a complete guide to laws enforced by the U.S. Department of Labor and other agencies.

For any new employee, you need to:

1. Establish eligibility to work in the U.S.
2. Obtain a Social Security Number (SSN).
3. Determine how much income tax to withhold.

See the IRS page Hiring Employees for guidance on the three steps at left and links to required forms and additional information.

Workers’ compensation insurance protects both your company and your employees in the event of occupational illness or injury.

See US Department of Labor's Workers Compensation site for a complete guide, including rules and statutes, forms, and contact information.

When hiring foreign workers, you’ll need a basic understanding of the Immigration and Nationality Act (INA) and its provisions.

You may also want to learn more about immigration-related unfair employment practices.

See the SBA page Foreign Workers & Employee Eligibility for a complete guide, including information on E-verify.

The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) provides Employer Information.

As an employer, you need to be aware of workers’ right to organize as governed by the National Labor Relations Act (NLRA).

See the SBA’s page on Unions, which includes a PDF guide to the NLRA; discusses which employers and employees are covered; and more.