Recruitment and Hiring

Under the Fair Credit Reporting Act you need written consent before the check, a pre-adverse-action notice with a copy of the report if you're leaning toward rejecting someone, and a final adverse-action notice. On top of that, many states and cities have ban-the-box laws that limit when you can ask about criminal history and add their own screening rules. Build the FCRA notice steps into your hiring workflow so they don't get skipped.

Run each role through the applicable legal tests to decide employee versus independent contractor and exempt versus non-exempt, rather than going by job title or what's convenient. Write down the analysis, and revisit it as duties change over time. Misclassification is one of the most common and expensive wage-and-hour mistakes, and it's avoidable with a documented call up front.

Cover the position, start date, compensation, benefits eligibility, reporting structure, at-will status, and any contingencies like passing a background check. Avoid wording, such as references to job security or annual salary phrased as a guarantee, that could imply a contract beyond at-will employment. A tight offer letter sets expectations without locking you into promises you didn't mean to make.

In a growing number of states and cities, yes, though some require the range in the posting, others during the interview, and others only on request. The rules differ a lot by jurisdiction, and getting it wrong can mean penalties and claims. If you hire across state lines, check the requirement for each location where the role can be performed.