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What Are the Different Types of Hiring Law?

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  • Written By: Felicia Dye
  • Edited By: Melissa Wiley
  • Last Modified Date: 26 November 2016
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Minimum wages and child labor are two areas of hiring law that are more strictly regulated and enforced in industrialized countries than elsewhere. Democracies also tend to have anti-discrimination laws, which prevent employers from making decisions based on certain criteria. These same governments commonly impose regulations that require employers to set criteria for certain positions. In some cases, hiring law even regulates pre-employment background checks.

Hiring law varies according to jurisdiction. In some places, there are far more regulations than in others. For example, an industrialized country may have a minimum wage, but a third world country may not. Minimum wage laws prevent employers from hiring people to work for less than a specified rate and are used to prevent businesses from exploiting individuals' need for employment.

Another difference between industrialized and undeveloped nations is the prevalence of hiring law to protect children. Industrialized nations generally have very strict regulations regarding the types of work that minors can be hired to do. There may also be restrictions on the periods of the day that they are hired to work. These laws generally aim to ensure that educational opportunities are not compromised for work.

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Imposing further restrictions on whom is hired for what type of position may be regulated by hiring law. Companies are generally given a substantial amount of liberty to choose the criteria that determines the best candidates for available positions. In some instances, that liberty is limited by laws that may require certain types of education for people holding certain positions, or it may bar people with a particular background from holding certain positions. For example, hiring law may prohibit a sex offender from working in any type of educational facility.

Anti-discrimination laws also limit an employer's ability to develop criteria for making hiring decisions. These are rules that prevent employers from offering or denying employment based on characteristics such as religion and homosexuality. Many of the factors that are considered discriminatory are things that cannot be changed, such as disability, race, and ethnicity. Regulations regarding discrimination also tend to bar companies from developing policies or assigning positions based on such characteristics. Under these laws, for example, a business cannot say that every African-American hired must be limited to mail room positions.

Hiring law may prohibit employers from requiring individuals to take a lie detector test as a condition of employment. Some jurisdictions allow lie detector testing on a limited scale. When it is permitted, however, the circumstances may be strictly outlined by the law.

Employers are often permitted to conduct background checks on applicants before offering them positions, but hiring law may determine how this is done. It may require that applicants be informed that these measures will be taken and that they sign releases for certain types of information. The law may also limit the type of information that may be sought.

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