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 Nebraska 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 Nebraska
- Can an LLC Hire Employees?
- Laws Relating To Wages Of Employees
- Nebraska Employee Rights
Hiring Employees in Nebraska
In order to hire employees in Nebraska 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 Nebraska
The employers in Nebraska 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 Nebraska. 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 Nebraska New Hire Reporting program
Employers of Business owners are bound by Nebraska’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 Nebraska; 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 Nebraska?
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 Nebraska, 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.
- Nebraska 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 Nebraska 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 Nebraska 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 Nebraska 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
Nebraska labor laws enforce certain obligations on the employers’ running enterprises in the state to offer standard rights and protection to their employees, in line with the provisions established under the federal legislation. Such obligations include basic compensation, overtime wage, leave of absence, anti-discriminatory rights, etc.
- In Nebraska, the current standard minimum wage is $9 per hour.
- Employers in Nebraska are prohibited from discriminating against and retaliating against employees in a range of protected classifications under state law.
- Employers must also give equal pay, allow for salary negotiations, and accommodate pregnancy.
- Minimum pay, lunch breaks, and child labour are all regulated in Nebraska.
- When an employee’s employment in Nebraska comes to an end, the employer must pay the relevant final pay.
- Business LLCs operating their businesses in the State of Nebraska are expected to ensure compliance with every federal as well as state-enforced regulation while employing workers in their organizations.
Structure Of Wages Of Employees
Nebraska overviews the labor legislation in its territory with an intent to create a balanced corporate structure between the employer and the employee. Employers must have a thorough awareness of these rules in order to remain compliant. We have listed below some major aspects framing the wage structure in the State of Nebraska.
The State of Nebraska mandates companies to compensate their employees at a minimum wage rate of $9.00 per hour. Employers and business LLCs operating their businesses in the State of Nebraska are subject to Nebraska’s minimum wage rules. There are some exceptions to the basic minimum wage rule, such as:
- Tipped Minimum Wage: The minimum pay for tipped employees in Nebraska is $2.13. If an employer decides to pay employees the tipped minimum wage, they must also guarantee that when tipped earnings are coupled with tips received, the employees are paid the normal minimum wage.
- Trainees and Student Learners: Employers can pay trainees under the age of 20 years a subminimum wage up to at least 75% of the federal minimum wage.
Nebraska Overtime Wage Rate
Employees who work for more than 40 hours in a given workweek shall receive overtime compensation for the total number of extra hours worked at their employment. Employers in Nebraska must compensate such employees at the rate of 1.5 times their standard hourly rate. This means that employees are entitled to a minimum of $13.50 per hour in overtime pay.
Minor children under the age of 16 years are not allowed to work for more than 8 hours in a single day and only up to 48 hours in a given workweek. They are prohibited from working in dangerous occupations.
Nebraska Employee Rights
The Nebraska Department of Labor oversees the regulation of the standard code of conduct at workplaces. The labor legislation guarantees certain rights to the employees working in the State with different employers.
The Nebraska Fair Employment Practice Act bans companies from discriminating among their employees based on protected characteristics such as race, color, religion, nationality, sex, age, and so on.
The federal legislation, Occupational Safety, and Health Act, mandates that businesses provide a safe work environment free from any foreseeable risks in Nebraska and every other state in the United States. The employer is under the obligation to provide a safe and healthy work environment, workplace enhanced with safety equipment and safety training should be imparted to every employee during their employment with the firm.
Equal Pay for Equal Work
The Nebraska Equal Pay Act (NEPA) bars employers from discriminating against employees of different sexes for the same quantity and quality of work done on jobs that require similar responsibility, skill, and effort and working under similar conditions. Such discrimination exists when the employers differentiate between the compensation structure of employees by compensating any employee at a lesser rate in comparison to an employee of the opposite sex for equal work.
Terminated employee’s earning and benefits accounts must be settled by the following normal paycheck or within two weeks of their termination date, whichever is first.
How to Hire Employees Fast in Your Nebraska LLC
To hire employees for your Nebraska 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.
When it comes to hiring employees for your Nebraska LLC, you need to know the rules and procedures. You need a Certificate of Organization from the Secretary of State to hire employees, and you must have a street address and a registered agent in Nebraska. If you choose to use an independent contractor, you will need to obtain a federal employer identification number (EIN). While many states don’t have this requirement, you should have it anyway to avoid tax pitfalls later.
Once you have your Certificate of Organization in Nebraska, you can begin hiring employees. However, you should ensure that you have a business plan. A business plan is an important document, and should be created and maintained for your records. This document can include the purpose of the business and future effective dates.
You can use the federal EIN to save time reporting to the IRS. You should also make sure to file your Nebraska LLC’s income tax return. If you fail to do so, you risk being administratively dissolved by the state. In some cases, Nebraska requires a fee for filing your Nebraska LLC’s income tax return, but this is usually not a problem.
Another important process to complete when forming an LLC is to conduct a name search. This is an important step because the name will be the first impression of your business to potential customers. The name of your business should be unique and describe what the company does. For example, if you are an environmentally friendly business, you can incorporate the word “green” into the name.
You should also file an operating agreement for your Nebraska LLC. An operating agreement is a document that outlines the business arrangement between the owners. The operating agreement will also govern the operations of your LLC. Having an operating agreement will prevent any disputes in the future and keep your business running smoothly.
A properly written operating agreement is essential for any LLC. It should spell out the rules and policies your LLC should follow. If there are disagreements, the state may step in and decide to resolve the issue. Even if you aren’t planning to hire anyone immediately, it’s important to create an agreement so that you can avoid costly litigation.
Your employees are the backbone of your business, but hiring them comes with its own rules and regulations. As the name suggests, your LLC should be registered with the Nebraska Workforce Commission and carry workers’ compensation insurance. Furthermore, you must display appropriate posters and complete a new hire report within 20 days of hiring someone. You also need to report federal employment taxes.
In addition to creating a business plan, you should develop a marketing strategy that targets your ideal customers. You should also select a Fictitious Business Name (FBN) for your business. This name should be a valid name for a minimum of five years. You must renew your FBN every five years with the county you register your business in. Finally, you must file a Periodic Report (PR) with the Secretary of State of Nebraska. The filing fee for this report is $13.
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.