Understanding Employment Laws: A Guide for HR Professionals

Human resources (HR) professionals play a critical role in creating a fair and inclusive workplace. They have to understand and comply with multiple regulations, including the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA). Understanding these and other laws related to employment allows HR team members to promote fair workplace practices, help businesses avoid noncompliance fines and penalties, and create a positive culture.¹

This blog will explore different kinds of employment laws that HR professionals need to know.

The Role of Employment Law in Human Resources

The HR department is responsible for leading the entire organization in workplace compliance. HR professionals create and enforce workplace policies and make sure that all employee interactions are legally compliant. Even unintentional violations can lead to severe legal and financial penalties, as well as potential lawsuits and reputational damage.²

HR risk management involves issues ranging from employee behavior to legal compliance. Managing legal risk in HR effectively often requires a multi-faceted approach. While risks should be avoided whenever possible, for example, some situations necessitate risk reduction. There are also times when it’s practical to outsource some risk through third-party services. Having clearly established policies and enforcement procedures, including training and documentation, will also help manage risks.²

HR professionals have the complex job of balancing company needs with employee relations and rights. That is, they have to help the company achieve business goals while also keeping employees happy. While these two tasks can seem somewhat at odds with each other, they’re actually closely intertwined. Taking care of employees and creating a positive workplace where everyone thrives is good for the company’s bottom line.³

Key Federal Employment Laws Every HR Professional Must Know

Core federal employment laws shape workplace practices in almost all businesses. The following are the most critical regulations HR professionals must understand and uphold:

Fair Labor Standards Act (FLSA)

The FLSA sets rules for a variety of fair labor practices, including minimum wage, overtime, recordkeeping, and child labor. It also includes guidelines for distinguishing between exempt and non-exempt employees.⁴

Title VII of the Civil Rights Act

Title VII prohibits employers from discriminating against employees or applicants on the basis of race, color, religion, sex, or national origin. In addition to requiring nondiscriminatory hiring policies, Title VII applies to other employment practices, including promotions, pay, and termination.⁵

Family and Medical Leave Act (FMLA)

Under FMLA, eligible employees are entitled to 12 weeks of unpaid leave per year for family and medical reasons without the risk of losing their jobs. These reasons can include the birth or adoption of a child, a serious health issue, or taking care of an immediate family member with a serious illness.⁴

Americans with Disabilities Act (ADA)

The ADA protects people with disabilities by requiring employers to provide reasonable accommodations unless doing so would cause an undue hardship. The law applies to employers with more than 15 employees. For such organizations, the ADA covers employment activities such as recruitment, hiring, training, promotions, and pay.⁶

Age Discrimination in Employment Act (ADEA)

The ADEA prohibits employers with more than 20 employees from discriminating against people over the age of 40 in employment decisions such as hiring, promotions, and lay-offs. It also applies to state, local, and federal governments, as well as employment agencies and labor organizations.⁷

Equal Pay Act (EPA)

The EPA mandates equal pay for equal work regardless of gender. This law applies to all different types of compensation—not just salary.⁸

Hiring Practices and Pre-Employment Laws

HR’s legal obligations begin before employees are hired. They have to ensure fair and compliant recruiting and hiring practices. The Fair Credit Reporting Act (FCRA) prohibits employers from conducting background checks without obtaining written consent. They also have to notify the candidates if they aren’t hired because of information in the background check.⁹

In many states and jurisdictions, employers can’t ask applicants about past criminal convictions on the initial job applications. These “ban the box” laws eliminate automatic disqualification based on a prior conviction. HR also provides guidance about the types of interview questions hiring managers can ask. They must avoid questions about an applicant’s age, marital status, religion, or other protected characteristics.¹⁰

Managing Performance and Discipline Legally

Part of creating a positive and compliant work culture is establishing and enforcing consistent performance standards for all employees. Negative consequences can result from both being too harsh and from being too lenient. The best way to avoid pitfalls in managing performance and discipline is to create clear procedures that apply to all employees. Supervisors should keep detailed documentation regarding poor performance, steps taken in progressive discipline, and other relevant information. Comprehensive documentation will help you avoid retaliation claims by demonstrating that the company acted within legal bounds.¹¹

Tools and Resources for HR Compliance

Keeping current on employment law and compliance best practices is critical for HR departments. Using the right tools and resources can help make this easier. Government websites and compliance portals offer reliable, updated guidance. These include sites such as the following:

• EEOC.gov (Equal Employment Opportunity Commission)
• DOL.gov (Department of Labor)
• IRS.gov (Internal Revenue Service)
• ASKJAN.org

Technology simplifies many tedious HR tasks, such as tracking onboarding procedures, documenting employee performance evaluations, and automatically updating policies. Some common HR software applications include BambooHR and TriNet HR Plus.¹²

Become an Employment Law Expert

Individuals in many fields that aren’t traditionally considered law-focused add significant value to their departments and companies by developing legal expertise. In particular, human resources professionals can benefit tremendously from expanding their understanding of legal concepts and acquiring the skills needed to navigate complex issues in employment law successfully.

An Online Master of Studies in Law with a Human Resources Law specialization or a Human Resources Law Certificate from the University of Pittsburgh School of Law can equip you with the knowledge and skills you need to help companies of all sizes implement effective policies and protect employee rights. Our programs present you with the opportunity to learn from experts in the field on your own schedule and engage in rigorous coursework that is directly applicable to the workplace. As a Pitt Law student, you’ll also make valuable professional connections and become part of a powerful alumni network that will benefit you for the rest of your career.

To learn more, review our admissions process and schedule a time to connect with one of our admissions outreach advisors.