Legal Compliance in Staffing: Federal, State, and Local Regulations

This report provides a comprehensive overview of legal compliance in staffing, encompassing federal, state, and local laws and regulations. It begins by highlighting the importance of legal compliance in staffing and the role of various entities such as employers and employees. The report then discusses the types of employment relationships, including employer-employee, independent contractors, and temporary employees, as well as the relevant laws and regulations governing each. It also delves into the need for legal compliance and the balance of power, and the protection of both employees and employers. The report outlines major EEO/AA laws, including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. It also covers other federal staffing laws like the Immigration Reform and Control Act, the Employee Polygraph Protection Act, the Fair Credit Reporting Act, and the Uniformed Services Employment and Reemployment Rights Act. Furthermore, the report examines state and local laws, civil service laws, and the principles of merit and staffing, including fair treatment of applicants and protection of privacy. In essence, this report serves as a guide to understanding the legal requirements and best practices in staffing.

Legal Compliance

Introduction
• In organization, Laws are developed for creating fairness and
nondiscrimination in staffing.
• Staffing and its sources are essential for organization
• Equal employment opportunities and affirmative action laws
and regulations are essential for the staffing.
• In staffing, employment relationships are essential which are
Employer-employee relationship, independent contractor,
temporary employee and unpaid interns and trainees.

The employment relationship
• Employer-Employee- includes the managing of staffing
activities. Employer job requirement is to provide rewards to
employees for motivation and employee role is to motivate
themselves. The employment contact includes the terms and
conditions which is required to be established, modification
and terminate.
• Independent contractors- They are hired by employer for
increasing the desire for the staffing and labor cost
advantages.

The employment relationship
• Temporary employees- They does not include any legal
stature. Staffing firms provides the employees for job
assignments and the employees remains on payroll of the
staffing agency.
• Unpaid Interns and trainees- Employees are hired for short
term maximum for 6 months. Training is provided to perform
the task. Trainee are not entitled with the job at the end of
training.

Laws and Regulations
• Laws and regulations are required to establish and maintain
the employment relationship.
• It requires to balance of power, protection of employees and
for protection of employer.
• The various sources of laws and regulations which includes
Common law, Constitutional law, statutory law and executive
order agencies.

Need for Laws and regulations
• Balance of power- It includes negotiating issues of power.
Employees participate in the decisions and processes and
employment laws and regulations exists for reducing and
limiting the power in the employment relationship.
• Protection of employees- Specific protection is provided to
employees. It includes the employment standards, individual
workplace rights, consistency of treatment.
• Protection of employers- Laws and regulations also provides
protection to employers for the permissible practices and
impermissible practices.

Major EEO/AA laws
• Title VII of the civil rights acts
• Age discrimination in Employment Act (1967)
• Americans with Disabilities Act (1990, 2008)
• Genetic Information Non discrimination Act (2008)
• Rehabilitation Act (1973)
• Executive order (1965, 1967, 2014)

Other Staffing Laws
o Federal Laws
• Immigration reform and Control Act (1986) which prohibits
the employment of unauthorized aliens and provides civil and
criminal penalties for violation. It prohibits the practices in
which are
Employment Eligibility Verification system
Temporary visas
• Employment Polygraph Protection Act (1988)- In this law,
private employers are prohibited from taking a polygraph test
of employees and applicants.

• Fair Credit Reporting Act (1970)
It includes to regulate the acquisition and using for consumer
reports on job applicants.
• Uniformed Services Employment and Reemployment Rights
Act (1994)
It prohibits discrimination against member of the uniformed
services and extending reinstatement.

State and Local Laws
• EEO/ AA Laws
• Other state laws
• Civil services Laws and regulations
Staffing
• It includes the formation of the employment relationship.
• It includes the employer acquiring individuals for performing
the work.

Civil services Laws and regulations
• Merit principles and staffing principles
• It includes to recruit, select and promote employees
• Fair treatment of applicants
• Protect privacy and constitutional rights of applicants
• Protection of employees against coercion for partisan political
purposes.
• Open announcement is done for all vacancies and rights of
applicants are included for appealing to hiring decisions,
testing process, and methods.