Federal

Employment basics

January 6, 2026federal-laws

Employment Basics: Federal Employment Law Basics Every Employer Should Know (SwiftSDS)

Running a compliant workplace starts with mastering the employment basics—the federal rules that govern how you hire, pay, manage, and separate employees. If you’re an HR professional or business owner looking for a practical overview of employment law basics, this guide organizes the core federal requirements into actionable steps, with links to deeper SwiftSDS resources and required workplace notices.

What “Employment Basics” Means in Federal Labor Law

At the federal level, “employment basics” generally includes:

  • Wage and hour rules (minimum wage, overtime, recordkeeping)
  • Workplace discrimination and accommodations requirements
  • Leave obligations (where applicable)
  • Workplace safety responsibilities
  • Required labor law postings and notice obligations
  • Worker classification (employee vs. independent contractor)

For a broader framework of federal rules, keep SwiftSDS’s employment legislation list bookmarked as a hub for key federal labor law requirements.

Hiring and Onboarding: Start Compliant From Day One

Verify work eligibility and build consistent documentation

Federal law requires employers to verify identity and work authorization via Form I-9 (Immigration Reform and Control Act). Operationally, this means:

  • Complete Section 1 no later than the employee’s first day of work for pay
  • Review acceptable documents and complete Section 2 within required timelines
  • Store I-9s separately from general personnel files when possible and retain per federal retention rules

Use nondiscriminatory hiring practices (Title VII and EEO)

Your hiring process should be consistent with federal nondiscrimination requirements (e.g., Title VII of the Civil Rights Act and other EEO laws). Ensure:

  • Job postings focus on essential functions and qualifications
  • Interview questions avoid protected-class topics
  • Hiring decisions are documented with job-related criteria

For a plain-language explanation of the purpose behind EEO protections, see as it pertains to employment opportunity the eeo strives to.

Include ADA-ready processes early

Under the Americans with Disabilities Act (ADA) (for covered employers), you should be prepared to handle accommodation requests and interactive dialogue. Consider adding:

  • A standard accommodation request workflow
  • An HR intake form and a manager escalation path

SwiftSDS includes practical resources on ADA documentation and HR operations, including ada hr and ada forms for employers.

Pay, Timekeeping, and Overtime: The FLSA Essentials

The Fair Labor Standards Act (FLSA) is one of the most important federal employment law basics. It governs minimum wage, overtime, child labor, and recordkeeping for covered employers.

Classify employees correctly: exempt vs. nonexempt

Overtime eligibility usually hinges on whether a worker is nonexempt or qualifies for an exemption (executive, administrative, professional, certain computer/outside sales roles, etc.). Misclassification is a common audit trigger.

Action steps:

  • Audit job duties (not just job titles)
  • Confirm salary basis/salary level requirements where applicable
  • Re-check classifications when roles change

Track hours and pay overtime when required

For nonexempt employees, build a repeatable process:

  • Use reliable timekeeping for all hours worked (including remote work)
  • Pay overtime for hours over 40 in a workweek (federal baseline)
  • Train managers not to allow “off-the-clock” work

Post required FLSA notices

Many employers must post the DOL’s FLSA notice. Use the correct version for your workforce:

Leave Basics: FMLA Coverage and Eligibility Checks

The Family and Medical Leave Act (FMLA) applies only to covered employers and eligible employees, but it’s a major compliance area when it does apply.

Action steps:

  • Confirm employer coverage (employee count and other requirements)
  • Confirm employee eligibility (tenure and hours worked)
  • Use consistent documentation and timely notices when an employee requests leave

A common compliance pitfall is misunderstanding who counts as an “employee” for FMLA. If you use 1099 labor, review are contractors eligible for fmla to avoid incorrect eligibility decisions.

Workplace Discrimination, Harassment, and Accommodation: Core Rules

Federal employment law basics include preventing discrimination and responding appropriately when issues arise.

Maintain a written policy and complaint process

At a minimum, your program should include:

  • A written EEO/anti-harassment policy
  • Multiple reporting channels (not just “tell your supervisor”)
  • Prompt investigation steps and documentation standards
  • Anti-retaliation protections communicated to employees

SwiftSDS also covers foundational employee and employer expectations—see employee responsibilities to help frame policies and training around workplace conduct.

Handle ADA accommodation requests consistently

Operational compliance often comes down to process:

  • Recognize accommodation requests (they don’t need “magic words”)
  • Engage in the interactive process
  • Document decisions and any undue hardship analysis
  • Train managers on escalation and confidentiality

For HR-focused guidance, revisit ada hr.

Workplace Safety and Posters: Don’t Miss Notice Requirements

Even when your policies are strong, missing required postings can create avoidable risk. Federal poster requirements can vary by employer type and workforce.

Action steps:

  • Identify which federal posters apply to your organization
  • Post in a conspicuous location (and provide electronic access where required/appropriate)
  • Refresh postings when regulations or agency forms update

For more context on employer obligations and enforcement risk, SwiftSDS’s employee mandate and business regulations department pages provide related compliance guidance.

Multi-State and Location-Specific Requirements: Build a Jurisdiction Checklist

While this page focuses on federal employment basics, HR compliance often breaks down at the state level—especially with wage/hour rules, required notices, and protected leave programs.

If you operate in or hire employees in California, start with SwiftSDS’s state-specific overview: California employment laws.

If you employ workers in Massachusetts, your posting obligations may include required notices such as:

A Practical Employment Law Basics Checklist (Quick Actions)

Use this as a baseline internal audit list:

  1. Classify workers correctly (employee vs. contractor; exempt vs. nonexempt)
  2. Standardize onboarding (I-9 process, offer letter templates, policy acknowledgments)
  3. Implement timekeeping controls (remote work rules, meal/rest expectations, overtime approvals)
  4. Update wage and hour posters (including correct FLSA version and language needs)
  5. Maintain EEO/anti-harassment program (policy, reporting channels, investigation process)
  6. Operationalize ADA accommodations (intake, interactive process, documentation)
  7. Confirm leave workflows (FMLA coverage/eligibility checks and timely notices)
  8. Create a state-by-state posting matrix for every employee work location

For an employee-facing overview of foundational protections, reference 5 rights of workers as supporting education content.

FAQ: Employment Basics

What are the most important federal employment law basics for a small business?

Start with the FLSA (minimum wage/overtime/recordkeeping), anti-discrimination rules (EEO/Title VII where applicable), basic onboarding compliance (I-9), and required workplace postings. Then build a state-by-state layer for wage/hour and required notices.

Do independent contractors count as employees for federal leave laws like FMLA?

Typically, independent contractors are not eligible for FMLA leave as “employees,” but misclassification is common and can create risk. Review are contractors eligible for fmla and confirm classification using duties and control factors—not just a 1099.

Which FLSA poster should I post?

Most private employers use the standard DOL FLSA poster: Employee Rights Under the Fair Labor Standards Act. Agriculture and certain public-sector employers may need a different version. Also consider providing the Spanish notice where it supports comprehension for your workforce.

If you want to expand from these employment basics into a full federal compliance map, use SwiftSDS’s employment legislation list as the next step in this content hub.