Are You Breaking Job Listing Laws?

"Up to a $50,000 fine."

That’s what your business could face if you are caught breaking a job posting law. 

Job postings are essential for finding and hiring talented people to join your team. Not only do you need to make sure your postings stand out to potential candidates, it’s also important that you are staying compliant to federal, state, and local laws. 

About 25% of businesses are currently unintentionally breaking job posting laws. MegaPay wants to help make sure you are not part of that statistic.

Creating Job Listings

Job Description

When you’re writing a job listing, avoid writing about the type of applicant you are looking for. You should instead aim to focus on the essential job functions, skills, and credentials required for the position. This will help you stay away from discriminating language.

Gender specific terms and age requirements should not be included. 

Laws & Regulations

Get familiar with the laws and regulations in your jurisdiction.

Federal regulations protect against discrimination against age, race, color, religion, and gender. So you should include an Equal Employment Opportunity (EEO) statement to show your commitment to prohibit discrimination at your company. 

However, job posting laws could be different across federal, state, and local laws, so it’s important to double check with your local government.

For example, New York City has passed a pay transparency law where you must include an hourly pay or annual salary amount on your job listings. This is also the case in Westchester County, but does not go into effect for New York State as a whole until September 17, 2023.

Applicant Tracking System (ATS)

Using an ATS software can help you streamline the hiring process by making it easier to sort and screen through candidates that are a good fit for the role you’re looking to fill.

You can then track the progress of candidates through the hiring process by scheduling interviews, sending offer letters, and managing feedback.

At the same time, an ATS can make sure you are being legally compliant.

Conclusion

You can ensure your job postings comply with the law by writing inclusive job descriptions that are focused specifically on the job and requirements and leveraging an ATS. This is essential for effective and ethical hiring practices and can help you avoid legal risks, while attracting a diverse pool of candidates.

MegaPay has a FREE HR portal where you can find and discover your state's laws. However, if you are interested in learning more about applicant tracking, get in touch with MegaPay today!