Any business structure or corporation stands firm on its foundation laid by the employees. An LLC is no exception to this rule. Hiring employees in your LLC comes with some rules, regulations. Before understanding the rules of hiring employees in Arkansas LLC, we must understand what an LLC means.
A Limited Liability Company is a business structure that protects the owners from any personal responsibility of the debts or liabilities arising out of the LLC. If an employee action succeeds to liabilities, the owners get the protection against it. LLCs are a combination of the characteristics of a partnership firm & a sole proprietorship.
On this page, you’ll learn about the following:
- Hiring Employees in Arkansas
- Can an LLC Hire Employees?
- Laws Relating To Wages Of Employees
Hiring Employees in Arkansas
In order to hire employees in Arkansas LLC, there are many requirements that a business has to fulfill. One should keep these points in mind while hiring employees in an LLC. These requirements include:
1. Federal & State Employment posters in Arkansas
The employers in Arkansas are required to show both Federal & State Employment posters mentioned in Equal Employment Opportunities Act, Americans with Disabilities Act, Fair Labour Standards Act (FLSA), etc. You should seek professional help to fulfill all the norms or requirements.
2. Federal & State Required Forms
Hiring employees is a lengthier process that involves the filing of different forms & applications. Suppose you wish to hire employees in Arkansas. In that case, you must ask your employees to submit the Employment Eligibility Form, the Federal Tax withholding form, the W-4 Form, Workers Compensation Claim Form, Disability Self- Identification Form, U.S. Citizenship and Immigration Services Form, etc. These Legal forms are easy and free to download.
3. Requirements of Arkansas New Hire Reporting program
Employers of Business owners are bound by Arkansas’ New Hire Reporting Program, under which they have to submit a report consisting:
- Company Name
- Company Address
- Company federal tax ID number
- Employee’s Name
- Employee’s Social Security Number
- Employee’s Address
- First Day of paid Work
In addition to the forms mentioned above, payments, taxes, tax forms, & requirements, there may be some additional compliance for hiring in Arkansas (specifically); you must adhere to those norms as well.
Can an LLC Hire Employees?
An LLC or a Limited Liability Company can be regarded as a corporation, partnership, or sole owner business. The owners of the LLC are often referred to as members. Individuals, Corporations &, in some cases, other LLCs can form an LLC as members.
The members form LLCs because of their limited or no liability provided to the owners or members. In the event of liabilities arising out of an employee’s action, the members of the LLC are not personally liable- the LLC is liable for the actionable claim.
Any LLC (even one with a single owner) can hire unlimited employees on wages or salary. (The single-member owner LLC may have different rules and regulations). In addition to the salaried employees, the LLC can appoint Independent contractors for certain tasks on a contract basis.
Rules to Hire Employees in an LLC in Arkansas?
Just like any other business corporation, an LLC is also not immune from certain procedures & rules of hiring. An LLC files many documents & pays a number of taxes to various Government Agencies while hiring employees. Some of the essential rules or steps to hire employees in an LLC are:
- Federal Employer Identification Number – Every LLC must obtain an Employer Identification Number (EIN) from the Internal Revenue Service. EIN helps report taxes & a few other documents to the IRS.
- Employee Eligibility Form – It is mandatory for an LLC owner to check if the employee is eligible for employment in the U.S. An LLC has to ask the employees to submit the I-9, Employment Eligibility Verification Form to verify the identity of the employee & to authorize the employment. the I-9 form is a mandatory requirement while hiring an employee.
- Employee’s Social Security Number – The employee has to have a valid Social Security Number (SSN) to work. LLCs have to ask the new employees to submit their SSN before employment. The SSN is helpful in payment & tax purposes.
- Setting up a process for collection & payment of the appropriate taxes – There has to be a due process for the employees’ future collection & payment of taxes. This process needs to be set up by the employer (in this case, the LLC)
- Employee handbook – In the hiring process, one of the crucial elements of hiring paperwork is an Employee Handbook. Although it is not essential in Arkansas, it is usually needed as one of the legal documents in many other states. An Employee Handbook consists of a complete list of all the basic rules & policies of the company.
- Arkansas payroll Taxes – An LLC that is running a business with employees or businesses with employees has to pay many federal taxes & state Taxes. Following the rules on payroll taxes is also an essential requirement. After hiring employees, an LLC is subject to the State Unemployment Compensation Act. Under the said Act, an LLC will have to pay Unemployment tax to the state & to do that; the LLC must register itself with the Arkansas Workforce Commission. The process involves simple steps & can be completed in 20 minutes.
Payroll taxes also include Federal Income Tax withholding, an employer can withhold money from the employee’s account for the income tax.
- Workers’ Compensation Insurance An LLC operating in the state of Arkansas has to carry workers’ compensation insurance & has to display relevant posters.
- New Hire Report or Report of the New Employee – An LLC has to
- Report about hiring the new employees in the form of “Report of New Employee(s)” to the Arkansas Workforce Commission (TWC) within 20 days from the date of hire.
- Deposit and report federal employment taxes as per the IRS procedures for payroll reporting & payment.
Laws Relating To Wages Of Employees
Arkansas has a few laws that give employees more protection than federal law, such as a higher minimum wage, health care continuation coverage obligations for small employers, and organ and bone marrow donation leave, but it generally follows federal law on overtime pay, jury duty leave, and military leave.
- The current regular wage in the State is $11.00 as in 2021.
- Discrimination and retaliation against employees in a range of protected classifications are illegal in Arkansas.
- Arkansas employers must follow all relevant final pay and job reference standards when an employee’s employment terminates.
- In accordance with the federal regulation, Fair Labour Standards Act, the employers at LLCs are mandated to display posters at their workplaces, as prescribed by the law, for informational purposes.
- All LLCs in the State shall abide by the State and federal regulations to ensure compliance with the labour standards.
Structure Of The Wages Of The Employees
In terms of wage and hour standards, both federal and state laws protect Arkansas employees. The Fair Labor Standards Act is the principal federal statute that oversees pay and working hours. Arkansas labor laws cover the state’s minimum wage and overtime restrictions. When federal, state, and/or municipal laws overlap, the legislation that provides the employee with the most rights or benefits will normally apply.
- With increments followed on yearly basis, the current standard minimum wage in 2021 California is $11.00. Employers employing four or more employees are covered by the Arkansas Minimum Wage Act. Employers with four or more workers who are covered by the federal Fair Labor Standards Act (FLSA) are also covered by the Arkansas statute.
- For tipped employees, if the employee earns more than $20 every month, then the employers can pay a cash wage of $2.63 and take a tip credit up to $7.37, which then becomes equal to $11 per hour.
For every time worked more than 40 hours in a week, a company with four or more workers must pay employees one and a half times their ordinary rate of compensation. Employees who are excluded from overtime payments under federal law and other Arkansas statutes are not entitled to overtime compensation.
Arkansas’ child labor laws limit the kind of jobs that children can do, as well as the number of hours and days they can work. Minors under the age of 16 are not permitted to work in several vocations; nevertheless, they are permitted to work in retail, food service, and petrol stations. During school vacations, minors under the age of 14 may only work for a parent or guardian’s business. Minors above the age of 13 may work as seasonal agricultural workers picking, sorting, or carting any produce with their hands during non-school hours.
Arkansas Employment Rights
Here’s a list of employment rights in the state of Arkansas.
Right to Minimum Wage
The employees in the State of Arkansas are secured under the Federal and State laws which require the employers to pay basic minimum wage to their employees.
Right to Equal Pay
Employers in Arkansas are prohibited from discriminating in the payment of wages based on gender. Pay differentials can be based on seniority, experience, training, skill, or any other legitimate distinction other than gender.
Further, under the Civil Rights Act, employers shall not discriminate between their employees based on factors like race, color, religion, sex, etc.
Time Off and Leaves of Absence
Arkansas has several rules that apply to all businesses and address necessary time off and periods of absence. These statutes include things like jury duty leave, crime victim leave, leave from the military, a leave of absence from the voting booth, and Donation of an organ.
Further, as per the federal Family and Medical Leave Act, employers are required to give job-protected leave to their employees who need to look after their families for medical reasons.
An employer (including private and railroad firms) must pay an employee’s final earnings by the following normal payday if the employee is terminated involuntarily. If the final wages are not paid within seven days of the following normal payday, the employer is accountable to the employee for double the wages owed.
Occupational Health and Safety
Employers are bound by the federal Occupational Health and Safety Act to provide a safe and secure workplace to their employees. Any injuries or fatalities that may arise due to workplace mishaps shall allow the employees to bring action and seek compensation from the employer.
How to Hire Employees Fast in Your Arkansas LLC
To hire employees for your Arkansas LLC you need to verify if the person is eligible to work in the US and then report him/her as ‘new hires’ to the state.
Creating an Arkansas Limited Liability Company (LLC) is an inexpensive way to begin a business. The state has a business friendly climate and offers a variety of government incentives to help small businesses succeed. In addition, the state offers relatively low taxes. However, it is important to follow all state and federal laws regarding hiring employees.
Before hiring employees, you will need to register your business with the Arkansas Workforce Commission. This will allow you to receive federal employment tax withholding. It will also require you to report your new employees to the state within 20 days. You will also need to display federal employment posters and fill out employment eligibility forms. You will also have to follow the federal minimum wage laws.
If you are a federal employer, you will also need to apply for an Employer Identification Number (FEIN). An FEIN allows you to file taxes with the IRS and qualify for a business bank account. In addition, it is a social security number that allows you to hire new employees. All businesses must obtain an EIN, so it is important to get one.
You will also need to choose a registered agent. Your registered agent is responsible for receiving official government correspondence on behalf of your LLC. You can choose a single person or a corporation to be your registered agent. Your registered agent must live in Arkansas and be available during standard business hours. Your registered agent is also responsible for forwarding critical documents to your LLC. Generally, it is important that your registered agent is a professional registered agent service that is approved to do business in Arkansas.
Your Arkansas LLC is taxed as a corporation and will have to pay the state income tax on its members’ income. In addition, your LLC will have to withhold state taxes from its W2 employees’ wages. You may also have to pay 6.5% sales tax on retail goods and services. In addition to the general taxes, your LLC will also have to file a Periodic Report with the Arkansas Secretary of State each year.
Once you have completed all of the necessary steps, you will need to file your Certificate of Organization with the Arkansas Secretary of State. This document will become a part of the public record. Your Arkansas LLC will then have to pay $150 to file with the state. You can also choose to have your LLC registered through an expedited filing process. This will provide you with a faster filing and will also require hand delivery to the field office. However, expedited filings can take up to two weeks to be processed by the state.
Hiring employees in Arkansas is an important part of running an LLC. In addition to complying with state and federal laws, you will need to keep up with the Arkansas Department of Labor. You will need to follow federal tax withholding rules, including the minimum wage laws, and you will have to report your new employees to the state.
An LLC is a business entity that can be treated as either a corporation, a partnership, or a sole owner business.
The owners of the company are not personally liable for the actions of the employees, the LLC is liable for any such actions.
Before hiring an employee, under federal law, the business has to verify an employee’s eligibility to work in the United States with the (IRS Form I-9). The business owner also has to make sure the employee has a valid SSN or Social Security Number.
LLC members, or LLC owners, are self-employed according to the IRS because they pay themselves through the earnings of LLC.
All the LLCs with employees are bound by many rules and regulations with reference to wages. It is always advisable to register a registered agent service to understand the laws better. Feel free to share your feedback with us in the comment section below.