Hiring Employees in Indiana LLC – Wages, Laws, Compliance Guide


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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 Indiana 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. 

Hiring Employees in Indiana

In order to hire employees in Indiana 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 Indiana

The employers in Indiana 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 Indiana. 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 Indiana New Hire Reporting program

Employers of Business owners are bound by Indiana’s 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 Indiana; 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 Indiana?

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 Indiana, 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.
  • Indiana 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 Indiana 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 Indiana 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 Indiana 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 Employees

The Labour regulations in Indiana cover all the aspects of employee regulation, such as Wage payment, pay frequency, pay statements, and wage deductions. The provisions relating to the rights of the employees are governed by the federal regulation, Fair Labour Standards Act. The minimum wages are prescribed under the Minimum Wages Act.

The LLCs and business entities in the State have to adhere to the federal and State Labor regulations while employing workers in their businesses.

Structure of The Wages of The Employees

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 Indiana.

Indiana Minimum Wage

Indiana’s minimum wage is $7.25 per hour, which is the same as the national minimum wage. There are certain exceptions, e.g., tipped employees. Employers with two or more workers who are not covered by the federal Fair Labor Standards Act are subject to Indiana’s Minimum Wage Law.

  • For tipped employees, employers must pay tipped workers $2.13 per hour, with the remainder paid in tips. If the tips do not equal the minimum wage at the end of the day, the employer must make up the shortfall by paying the tipped employee extra.
  • For trainees and learners, Indiana employers can pay a worker under the age of 20 a training salary of $4.25 per hour for the first three months of employment.
  • For minor employees, A young child under the age of 14 is only permitted to work as a farm labourer, domestic service worker, golf caddie, or newspaper carrier. In Indiana, children between the ages of 16 and 18 are prohibited from working in any occupation that is hazardous to their health or morality. The number of working hours is strictly regulated by the State which depends on the age of the employees.

Indiana Overtime Compensation

Unless otherwise excluded, Indiana labor rules compel companies to pay employees 1.15 times their regular pay rate when they exceed the 40 hours in a workweek threshold, which equals $10.88.

Indiana Employee Rights

For each LLC, employers must know the employee rights before they hire employees. Below are the employee rights set by Indiana state.

Right to Equal Pay

Indiana’s Minimum Wage Law forbids pay discrimination based on gender for equivalent labor performed under identical working conditions and requires equal skill, effort, and responsibility. Differences in wages may be based on other non-discriminatory factors by an employer, such as seniority or merit.

Leave of Absence

The Family and Medical Leave Act (FMLA) may apply to the employer even if sick leave isn’t compensated. Employees who are eligible can take up to 12 weeks of unpaid leave per year for the birth or adoption of a child, to care for a sick family member, or to deal with medical issues shall be ensured of protection of their job position, without any deductions in the pay structure.

Similarly, under the Federal Uniformed Services Employment and Reemployment Rights Act, employees can take leave for military duty and service. Employees are also entitled to receive leave for witness duty or jury trials.

Final Pay and Health Insurance Coverage

Whether an employee departed freely or was fired involuntarily, an Indiana employer is required to pay the employee’s final salary by the following normal payday. In addition, after the conclusion of the employment, the Consolidated Omnibus Budget Reconciliation Act (COBRA) grants rights and protection to the employees to keep their insurance coverage after the end of the employment up to 36 months.

Right to Safe Workplace

Under the Occupational Health and Safety Act, employers are under an obligation to provide a safe and secure workplace to their employees, free from any foreseen risks and hazards. An employee can approach the Health and Safety Authority for assessment of their workplace. Such employees are simultaneously protected from any retaliation and discrimination from their employees as whistle-blowers.

How to Hire Employees Fast in Your Indiana LLC

If you’re wondering how to hire employees fast in your Indiana LLC, you’ve come to the right place. While hiring employees comes with its own set of rules, there are some important things to remember before you do. First, be sure to register your LLC with the state and federal authorities. Then, you’ll need to obtain an Employer Identification Number for tax reporting. Finally, make sure to read up on the labor regulations for Indiana. These regulations govern minimum wages, pay statements, and wage deductions.

Hiring employees can be an exciting, yet intimidating experience. Before you can hire your first employee, you’ll need to meet several regulations and fill out the right paperwork. For example, if you’re hiring people in Indiana, you’ll need to obtain a Federal Employer Identification Number (FEIN) and a Withholding Tax Registration with the Indiana Department of Workforce Development. You’ll also need to complete a Workers Compensation Claimation form and an Employment Eligibility form.

Another requirement for your Indiana LLC is that you have a registered agent. This person is responsible for receiving all important legal notices on your behalf. This person will also be your point of contact with the state. If you need to expand your business, you’ll need to register a Foreign LLC. While these procedures don’t seem like a huge hassle, it’s important to have a registered agent to protect your interests.

FAQs

What Is an LLC?

An LLC is a business entity that can be treated as either a corporation, a partnership, or a sole owner business.

Is the LLC liable for damages caused by employees?

The owners of the company are not personally liable for the actions of the employees, the LLC is liable for any such actions.

What is the IRS Form I-9?

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.

What is LLC self-employment?

LLC members, or LLC owners, are self-employed according to the IRS because they pay themselves through the earnings of LLC.

In Conclusion

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.

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