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 Minnesota 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 Minnesota
- Can an LLC Hire Employees?
- Laws Relating To Wages Of Employees
- Rights Of The Employees
Hiring Employees in Minnesota
In order to hire employees in Minnesota 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 Minnesota
The employers in Minnesota 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 Minnesota. 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 Minnesota New Hire Reporting program
Employers of Business owners are bound by Minnesota’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 Minnesota; 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 Minnesota?
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 Minnesota, 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.
- Minnesota 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 Minnesota 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 Minnesota 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 Minnesota 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 State of Minnesota under its labor laws overviews the provisions such as basic minimum wage ensured to the employees, overtime wage rate, leave of absence and holidays, whistleblower rights, etc.
- For employers who are categorized as a small business, the minimum wage for such businesses is $8.21 per hour. For employers whose, gross sales in a year are above $500,000, the minimum wage offered to the employees in such businesses is $10.08.
- Employers are required by Minnesota law to place state-mandated posters in a visible area where employees may see them. The posters include information on workplace safety, salary disparities, and age discrimination.
- Employers are expected to abide by both, federal as well as State legislation, with respect to employee rights and protection.
Structure of Wages Of Employees
The State of Minnesota has laws that guide the employer-employee relationship in businesses, giving the employees stronger rights and protections in their occupation. We have attempted to list down the wage structure followed in the State of Minnesota.
Minnesota Minimum Wage
The minimum wage in the State of Minnesota is bifurcated into two different classes, i.e., the small employers and the large companies. The businesses whose yearly gross sales in a year exceed $500,000 are categorized as large companies, where the minimum wage for the employees is set at $10.08 per hour. For small employers, the minimum wage rate is $8.21 per hour.
- Tipped Employees: Unlike other States, the State of Minnesota does not exempt the tipped employees from the minimum wage rule applicable to all the employees in the State. The employees are not mandated to participate in the pooling of tips arranged by their employers.
- Trainees: Employees under the age of 20 years undergoing training at an occupation shall receive a sub-minimal wage of $8.21 per hour during the initial 90 days of their employment with an employer.
- Student learners: Student learners under the age of 18 years in the State are also eligible to receive a basic wage as determined by the State, i.e., $8.42 per hour.
Minnesota Overtime Wage
Under the Minnesota State laws, the standard working hours are set at 48 hours in a week. If an employee exceeds the 48 work hours threshold in a workweek, they should be compensated at the rate of 1.5 times their usual pay rate for the hours worked more than 48 hours in a week.
Children under the age of 16 years are restricted from working in dangerous occupations. The State regulations regulate the type of occupations suitable for minors and the working hours and break time allowed to children working under the age of 16 years working at different establishments.
Rights Of The Employees
The State of Minnesota offers several rights and protections to the employees working in the State with different enterprises. The following contains a list of basic rights guaranteed to the employees in Minnesota.
Minnesota has its own laws prohibiting discrimination at the workplace. The Minnesota Human Rights Act enforces strict regulations against any form of discrimination based on protected characteristics such as age, sex, nationality, race, color, creed, religion, etc.
Equal Pay for Equal Work
The Equivalent Pay for Equal Work Act bans employers from discriminating against employees based on their sex and gender by paying employees at different rates for equal work performed under identical working circumstances and requiring equal skill, effort, and responsibility.
The Minnesota Whistleblower Act makes it illegal for a Minnesota employer to retaliate against an employee who comes forward to report any activity carried by the employer at the place of establishment which violates the federal, state, or common law; or if the employee is called for any inquiry or hearing; or if the employee does not cooperate with the employer in any activity which the employee understands is unlawful in the State.
Family and Medical Leave
Any business with at least 21 employees at one location must give qualified employees up to 12 weeks of unpaid leave under Minnesota’s Pregnancy and Parenting Leave Act for family reasons such as child adoption or birth, prenatal care, or any health conditions.
Wage Disclosure Protection Law
The wage disclosure protection legislation applies to all Minnesota employers. No employer is allowed to prevent employees from sharing information about their pay and working conditions with others under this regulation.
To safeguard employees at private and public worksites, Minnesota has its own Occupational Safety and Health Administration (MNOSHA) state-plan program, which has been recognized by federal OSHA. Employers under this law are expected to provide a safe and secure working environment and workplace to their employees.
Wages are required to be settled within 24 hours after the employee’s claim for payment for an involuntarily terminated employee. If the next regularly scheduled payment is within 20 days of the last day worked, an employee who voluntarily resigns must be compensated.
How to Hire Employees Fast in Your Minnesota LLC
If you are planning to start an LLC in Minnesota, you need to hire employees as soon as possible. You may be wondering how to go about it. The answer is actually quite simple. All you need to do is follow a few easy steps. Here are a few tips to hire employees as soon as possible in your LLC. Keep reading to learn more about this topic. Also, don’t forget to register your business name with the Secretary of State of Minnesota. This is vital because it protects your privacy and ensures that you receive important legal mail.
When you have an LLC, you must choose a name that is unique and distinct from other businesses. Using the business filing search of the State of Minnesota can help you find available names. If you find that a name is already registered, you must request the other business owner’s consent or obtain a court order. If the other business owner doesn’t agree, you can use another name. But remember that you must keep your name unique to avoid confusion.
Another tip when hiring employees in your Minnesota LLC is obtaining a federal employer identification number. FEIN numbers are necessary for employers in Minnesota, so obtaining one is essential. FEINs allow businesses to comply with the rules of tax reporting with the Internal Revenue Service. Once you obtain a FEIN, you can then hire employees. Depending on the size of your business, you may need to hire employees of different types.
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.