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 Illinois 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 Illinois
- Can an LLC Hire Employees?
- Laws Relating to Wages of Employee
- Illinois Employee Rights
Hiring Employees in Illinois
In order to hire employees in Illinois 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 Illinois
The employers in Illinois 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 Illinois. 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 Illinois New Hire Reporting program
Employers of Business owners are bound by Illinois’ 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 Illinois; 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 Illinois?
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 Illinois, 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.
- Illinois 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 Illinois 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 Illinois 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 Illinois Workforce Commission 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 Employee
Illinois has regulations governing employee pay and benefits, such as continuance of health coverage, wage payment, pay statements, pay frequency, and wage deductions.
The LLCs in the State must abide by the federal as well as the State Labour laws while employing their workforce. When an employee’s employment terminates in Illinois, the state’s last pay, job reference, and mass layoff notice laws must also be followed.
Structure of The Wages of The Employees in Illinois
All LLCs and business employees have certain rights with respect to the wages in the State. We have listed down some of the important aspects of the wages in the State of Illinois.
Illinois Minimum Wage
The minimum wage in the state is $11.00 per hour. Tipped workers, children, learners, trainees, and those with impairments are all excluded from the standard wage limit.
- For tipped employees, who receive no less than twenty dollars ($20) in gratuities per month on a regular basis — or if the entire amount they earn equals or surpasses the federal minimum wage rate — are entitled to a reduced minimum wage rate of $4.95 per hour.
- For trainers and student learners, the employer shall reimburse the trainee at a subminimum wage rate of no less than 70% of the regular minimum wage rate for the first 6 months of the work period.
- For minor employees, minors under the age of 16 are entitled to a 30-minute meal interval between 5 hours of work, and no period of less than 30 minutes is considered to interrupt a “continuous” period of work.
Illinois Overtime wages
If an employee works more than forty hours in a single week, he or she is entitled to overtime pay. For the duration of the employment, the workweek must be seven days long, beginning and ending on the same day of the week. Employees must be paid at the rate of 1.5 times their regular hourly rate for overtime hours worked.
Illinois Employee Rights
Employee rights are set by the government. These rights are being set so that no employee in the state gets exploited by the employer. From the right compensation to minimum wages, employers must follow the rules to comply with the rights.
Right to Fair Compensation
Every employee in the State has the right to be fairly compensated for their labor work. Employers should adhere to the state as well as the federal guidelines while determining the compensation for the employees.
All final remuneration must be given on the following regularly scheduled payday, whether an employee leaves or is dismissed.
Right Against Discrimination and Harassment
The federal legislation, the Civil Rights Act prohibits employers from discriminating between employees based on race, color, gender, sex, origin, disability, etc. at the workplace. Employers are also prohibited from favoring one employee over another while compensating for the same amount of completed work. Employees, irrespective of their sex should be compensated fairly and equally while working in the same establishment.
The Occupational Safety and Health Act provides safety at the workplace and compensation for any kind of workplace injury or fatality. The Labour legislations protect the employees against any form of retaliation or discrimination upon disclosing their employer’s violations of the law to the authorities.
How to Hire Employees Fast in Your Illinois LLC
To hire employees for your Illinois 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.
Whether you are just getting started or have been in business for a while, hiring employees is a critical step in the growth of your company. However, before you start recruiting new workers, there are some things to keep in mind. Ensure you are following all the relevant state laws and regulations. If you fail to adhere to these, you could end up in serious trouble.
In Illinois, there are a number of different laws that are in place to protect employees. These include the Occupational Safety and Health Act, which provides compensation for workplace injuries. There are also laws concerning unemployment insurance. You should also consider providing your employees with workers’ compensation insurance. You should also ensure that you have a system in place to collect information about taxes and payroll.
You will also want to register your business in Illinois. This is required by the Department of Revenue. You can register your business online. This will give you a federal Employer Identification Number. This identification number is important for all tax purposes. This number will help you report taxes to the IRS. It will also allow you to obtain federal employment tax credits.
You should also consider creating an organizational chart. This will help you know where you want your company to be in the future. It is also a good idea to create a job description. This will help you attract qualified applicants.
The most important thing to remember when hiring employees in Illinois is that you should follow all the laws and regulations. Getting in trouble with the law can cost you a lot of money, so it is important to comply with all the laws. It is also a good idea to work with an attorney to ensure you are complying with the state’s employment laws.
You should also have a system in place to collect information about payroll taxes and direct deposit. This is important to ensure you are paying your employees properly. You may also want to consider offering competitive benefits as a way to attract the best employees.
If you are a new business in Illinois, you will also need to register your business. You will also need to file an annual report with the state. This is a legally binding document that will help you understand how your business will operate. This document can be filed online or by mail. You will also need to designate a registered agent.
A registered agent is someone who accepts and forwards official correspondence from government entities on behalf of your business. You can use an online legal services company to serve as your registered agent. This will help you fulfill your duty if you are on vacation or out of town.
The Illinois Department of Employment Security (IDES) also has an online portal that provides information about the state’s employment laws. You can also check out sample job descriptions and find out which businesses pay the most for a certain job.
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.