Pre-Employment Compliance Checklist
Hiring compliance happens between the offer and the first day: authorization verification, background checks with proper consent, and screening rules that vary hard by state. Getting these wrong costs more than any bad hire.
Authorization first
The I-9 verifies identity and work authorization for every hire - citizens included - completed by the third business day of work. E-Verify participation is mandatory only for certain federal contractors and in a few states, voluntary otherwise. Store completed forms separately from personnel files; audits ask for them by themselves.
Background checks done lawfully
| Step | Requirement |
|---|---|
| Disclosure | Standalone written disclosure before the check |
| Authorization | Written candidate consent obtained |
| Pre-adverse notice | Copy of report plus rights summary before declining |
| Waiting period | Reasonable time for candidate to dispute |
| Adverse notice | Final notice after the window closes |
Layered on top: fair-chance and ban-the-box laws in a growing list of states and cities restrict when criminal history may be asked about or considered - some only after a conditional offer.
Screening boundaries
Drug testing rules diverge by state, with recreational marijuana laws forcing many policies into rewrite. Medical inquiries before an offer violate disability law; post-offer exams must apply to all entering the same role category.
A PEO absorbs much of this machinery - see PEOs for small business - but conditional-offer sequencing stays yours. Pair with new hire payroll setup.
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Frequently asked
Can we run a background check before the interview?
Only with standalone disclosure and written consent - and ban-the-box jurisdictions prohibit asking about history until after a conditional offer.
Is E-Verify required for us?
Generally no unless you are a federal contractor or operate in a state mandating participation for some or all employers.
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