The HR compliance landscape has become a minefield for employers, with overlapping federal, state, and local regulations, aggressive immigration enforcement, and the rise of AI hiring tools creating new pitfalls. In a recent episode of the podcast "You Should Know," hosted by Ryan Leary on the WRKdefined Podcast Network, Jeremy Mancheski, founder and CEO of OutSolve, sheds light on where compliance often breaks down and the financial stakes involved.
Mancheski, who founded OutSolve in 1998, emphasizes that despite technological advances, the need for experienced human oversight remains critical. He points to the persistence of paper I-9 forms as a major area of concern. "You could have up to $27,000 for a fine for a violation in I-9s, and that's per employee," he warns, noting that ICE enforcement is currently prevalent and that most employers have deficiencies they are unaware of.
The conversation also tackles the complexities of a remote workforce, where differing state, city, and county rules on postings, pay transparency, and reporting can trip up even the most diligent HR teams. Mancheski advises HR leaders to physically read their break room posters, as federal OSHA notices and state-specific requirements often reveal contradictions that can lead to compliance failures.
Artificial intelligence in hiring is another hot topic. Mancheski compares current AI hiring tools to the first-generation applicant tracking systems of the mid-1990s, noting that they are useful but flawed. Bias issues in AI are already being tested in court, with litigation involving Workday raising accountability questions. He warns that plaintiffs' attorneys and regulators are closely scrutinizing these tools.
The episode also explores the uncertain future of the EEO-1 report, with blue states building their own versions as federal requirements evolve. Mancheski describes the political whiplash affecting HR compliance: "You've had harder swings in one direction, then the next administration swings them in the other, and it's muddied those lanes a bit."
The podcast, which reaches more than 3.9 million verified listeners each month, is part of the WRKdefined Podcast Network. The episode "The HR Compliance Risks Companies Keep Missing" is available now wherever podcasts are heard. For more information, visit wrkdefined.com/podcast/you-should-know.
