HR & Recruiting Compliance Essentials

01I-9 timing rules

Employees must complete Section 1 no later than their first day of work for pay. Employers must complete Section 2 (document review) within 3 business days of the start date — except if the job will last fewer than 3 business days, in which case both sections must be done by day one.

02FLSA exempt vs. non-exempt

Non-exempt employees must receive at least minimum wage and overtime (1.5x regular rate) for hours worked over 40 in a week. Exempt employees — typically salaried workers meeting DOL salary and duties tests — are not entitled to overtime.

03ADA reasonable accommodation & the interactive process

When an employee discloses a disability-related limitation, the employer should engage in an informal, good-faith interactive process — a real back-and-forth conversation — to identify the limitation and explore possible reasonable accommodations, rather than simply denying the request.

04Illegal vs. legal pre-hire topics

Under EEOC/Title VII and ADA guidance, employers may not ask about age, marital status, number/ages of children, disability, national origin, or religion before hire. It is acceptable to ask whether a candidate can perform the essential job functions, with or without accommodation.

05FMLA eligibility basics

An employee is FMLA-eligible once they've worked for a covered employer (50+ employees within 75 miles) for at least 12 months (not necessarily consecutive) and logged at least 1,250 hours of service in the 12 months before leave starts.

06At-will employment

In every U.S. state except Montana, employment is presumed at-will: either the employer or employee may end the relationship at any time, for any legal reason or no reason — but not for discriminatory or retaliatory reasons.