Breaking Down Human Resource Compliance for Non-HR Professionals

Human resources (HR) compliance impacts every interaction and decision in the workplace. Keep in mind that while your HR department may handle policy development, other key stakeholders, including supervisors, project leads, and employees of all stripes, must understand and stay in compliance with these rules. That’s because a single misstep can have negative consequences. For example, asking the wrong question during an interview can trigger costly lawsuits and regulatory penalties. Compliance extends far beyond the realm of HR. It’s organizational literacy that protects both companies and workers from legal pitfalls.

Federal Foundations You Must Know

The Fair Labor Standards Act (FLSA) governs minimum wage and overtime requirements, with current federal minimums at $7.25 per hour and overtime at 1.5 times regular pay for hours exceeding 40 per week.¹ The Department of Labor’s salary threshold for exempt employees remains at $684 per week ($35,568 annually).¹ Proposed changes to this rule face ongoing legal challenges. The Pregnant Workers Fairness Act (PWFA), effective June 2023, extends accommodation rights to pregnant employees at companies with 15 or more workers. That represents a significant expansion from previous family leave protections.² Employers must now provide reasonable accommodations for pregnancy-related limitations unless they cause undue hardship.

As a non-HR professional, it’s vital that you familiarize yourself with non-discrimination legislation to protect yourself and your firm. Essential federal laws include the following:

• Title VII prohibits discrimination based on race, color, religion, sex, or national origin
• The Americans with Disabilities Act (ADA) requires reasonable accommodations
• The Age Discrimination in Employment Act (ADEA) protects workers 40 and older
• The Family and Medical Leave Act (FMLA) provides unpaid leave rights
• The Occupational Safety and Health Act (OSHA) ensures workplace safety
• The National Labor Relations Act (NLRA) protects workers’ rights to organize³

High-Risk Areas for Non-HR Professionals

Interview questions pose significant financial and reputational risks to your company. It’s considered a best practice to avoid questions that touch on age, marital status, pregnancy plans, disabilities, arrest records, or financial history. Instead, you should focus exclusively on job-related qualifications and abilities, and document all interview questions and responses consistently across candidates.

Another high-risk area is misclassifying employees as contractors. To qualify as independent contractors, these workers need to meet a number of strict standards regarding worker autonomy. Similarly, exempt employees need to meet salary and duties tests. You can’t simply declare a worker salary-exempt by paying them a higher wage.

The failure to keep accurate records can create audit vulnerabilities. That’s why it’s so important to maintain accurate time and payroll records for all non-exempt employees. The FLSA requires three years of payroll records and two years of time records to stay in compliance.⁴

Remember, retaliation claims often succeed even when the underlying discrimination claim fails. That means it’s vital to never take adverse action against employees who file complaints or participate in investigations. Instead, you should protect yourself by using legitimate business justifications for all employment decisions.

Emerging Regulations Shaping 2025 and 2026

Joint-employer liability has continued to evolve at the National Labor Relations Board. These ongoing changes have affected franchise operations, temporary staffing arrangements, and vendor relationships. You could put yourself at risk for labor violations through your business partners’ actions. Other important changes to keep an eye on include rising minimum wages across a number of states.

For example, starting January 1, 2025, in Illinois, employers with at least 15 employees are required to include pay scale and benefits information in their job postings.⁵ Beginning October 29, 2025, employers with 25 or more employees in Massachusetts must disclose the pay range for a “particular and specific employment position” in the job posting for that position.⁶ Minnesota also implemented similar requirements, joining Colorado, California, New York, and Washington in regards to wage transparency.⁷

The use of artificial intelligence (AI) in hiring faces increasing scrutiny. New York City’s Local Law 144 requires bias audits for AI hiring tools, while Colorado’s AI Act, effective 2026, establishes comprehensive AI regulation templates.^8,9 Few state AI bias bills have passed beyond Colorado and New York but expect continued legislative activity.

Practical Compliance Action Plan

To maintain HR compliance, it’s essential to standardize routine processes to ensure consistency and legal protection. Standardization reduces the risk of bias, promotes fairness, and demonstrates your commitment to following established regulations. For example, using approved job descriptions ensures roles are clearly defined and aligned with organizational needs, while structured interview guides help hiring teams ask consistent, legally compliant questions. Likewise, standardized offer letter templates confirm that employment terms are presented accurately and fairly. Establishing clear compensation structures based on market data and internal equity analysis not only reduces the risk of pay discrimination but also builds trust with employees by showing transparency and fairness in pay practices.

Equally important is meticulous documentation. Accommodation requests, scheduling changes, and performance discussions should all be thoroughly recorded. These records demonstrate that you’re operating in good faith and complying with applicable employment laws. Detailed documentation also provides critical evidence if disputes or investigations arise, protecting both your organization and your employees. Consistent recordkeeping shows that HR decisions are thoughtful, objective, and legally defensible.

Before implementing new technologies or altering job posting practices, partner closely with your HR team. HR compliance teams can review AI-powered recruitment tools to identify potential bias, ensure job advertisements meet equal employment standards, and confirm pay transparency laws are being followed.

It’s equally important to stay current with professional certification requirements, documentation standards, and mandated annual training. This includes training on harassment prevention, wage and hour compliance, workplace safety, and other essential topics. Many states require supervisors to complete specific training hours on designated subjects, and failing to meet these obligations can lead to costly fines or reputational damage.

Resources and Training Aids

The Department of Labor provides mandatory workplace posters and compliance assistance materials at dol.gov. The Equal Employment Opportunity Commission (EEOC) offers guidance documents and training resources at eeoc.gov. State labor agencies offer toolkits specific to local laws.

You can use learning management systems for front-line leaders who need help with interviewing, accommodation processes, and documentation requirements. You can also use legal alert services to get updates on changing regulations and court decisions affecting human resources compliance.

Take Your Career to the Next Level With an MSL Degree 

HR compliance is constantly evolving with emerging regulations that impact every workplace. Staying ahead requires not only understanding today’s requirements but also anticipating tomorrow’s challenges.

Transform your career with an HR Law Certificate from the University of Pittsburgh School of Law. You’ll expand your network and gain the legal knowledge, strategic insight, and leadership skills to confidently navigate compliance and drive organizational success. Reach out to an admissions outreach advisor to learn more about Pitt Law’s HR Law specialization, paired with the core Master of Studies in Law (MSL), or apply to the program today to get on the path to elevating your career.