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 New York 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 New York
- Can an LLC Hire Employees?
- Laws Relating To Wages Of Employees
- Rights Of Employees In New York
Hiring Employees in New York
In order to hire employees in New York 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 New York
The employers in New York 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 New York. 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 New York New Hire Reporting program
Employers of Business owners are bound by New York’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 New York; 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 New York?
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 New York, 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.
- New York 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 New York 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 New York 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 New York 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 New York has several regulations that offer strong protection to the employees working in the State in addition to the federal legislation. Employers are expected to abide by both the legislations. Following below, we shall cover the key regulations guiding labor conduct in the State of New York. An employer should ideally follow both federal and state laws.
- The minimum wage rate of the employees in New York varies based on their occupation.
- Employers are not compelled to offer severance compensation to departing employees under New York State labor regulations.
- When an employee’s employment in New York comes to an end, the employer must pay the relevant final pay.
Structure Of Wages Of Employees
In the following section, we shall cover the employment laws and regulations effective in New York with respect to a minimum wage of employees, leave and absence, overtime compensation, protection against discrimination and retaliation, etc.
New York Minimum Wage
The standard minimum wage rate applicable in New York City is $15.00 per hour. For the rest of New York, the current minimum wage is $13.20. The pay rate in the State varies depending on the place of occupation of the employees. The employers in the State are required to disclose their determined wage rate and the frequency of payment, i.e. pay period. There also exists a certain exception to the standard wage rate, such as:
- Tipped Employees: Employers in all industries other than building service can meet the minimum wage under New York State law by combining a “cash wage” provided by the employer with a credit or allowance for tips received from consumers.
- Student learners: The New York minimum mandates that no student learner should receive a subminimum wage below the standard minimum wage. Nevertheless, students working under corporations, charitable or educational foundations are exempted from such requirements.
- Trainees: New York minimum wage regulations prohibit companies from paying trainees less than the state’s legal minimum wage.
New York Minimum wage
In New York, most employees must be paid one and a half times their usual rate for each hour worked above 40 in a workweek. For an hour completed beyond 44 hours in a week, the domestic employees must also be compensated at the same rate.
Minors who haven’t turned 18 yet are not permitted to work for more than 8 hours per day, six days a week. Minors aged 14 and 15 are not permitted to work more than 40 hours a week. Working hours for 16 and 17-year-olds are limited to 48 hours a week.
Rights Of Employees In New York
Following are the employee rights every business structure including LLCs must keep in mind.
Employers in New York are prohibited from discriminating against workers based on certain traits, such as origin, color, race, or religion, under federal and state law.
The New York False Claims Act, like federal law, permits whistle-blowers to make claims on behalf of state and municipal agencies.
An employer may not pay an employee with protected class status a wage that is less than the wage paid to an employee without protected class or classes status in the same establishment for similar work on a job that requires equal skill, effort, and responsibility and is performed under similar working conditions;
Time Off and Leaves of Absence
The state’s Paid Family Leave statute allows qualified employees to take paid time off to cover their family responsibilities, as well as to assist them when a spouse, child, parent, or domestic partner is deployed abroad on military duty. The length of paid family leave given to qualified employees under the state’s Paid Family Leave (PFL) statute has risen from 10 to 12 weeks beginning January 1, 2021.
With respect to sick leave, employers are not obligated to give paid or unpaid sick leave benefits to their employees under New York labor laws. Employers in New York City may be obligated by federal legislation or the Family and Medical Leave Act to give employees unpaid sick leave.
The New York Committee for Occupational Safety and Health (NYCOSH) aims to expand and defend everyone’s right to a safe and healthy workplace, based on the idea that workplace injuries, illnesses, and fatalities are avoidable.
Employees whose employment has been terminated must be paid their final salaries no later than the customary payday for the pay period in which they were fired. The company must transmit the final earnings if the employee demands them. An employer must follow a set of probate regulations once an employee dies to appropriately transfer over any payments owing to the dead employee’s estate or survivors.
How to Hire Employees Fast in Your New York LLC
If you’re just starting your own business, you may not know how to hire employees fast. While hiring employees is essential to your business, there are also a few steps you need to take before you hire employees. Here are some tips to get your LLC off to a great start. Read on to learn about some of the legal requirements for hiring employees. Listed below are some of the most important steps to take when hiring employees.
File your paperwork in advance. You must file a New Hire Report, which is basically a “Report of New Employees.” The state of NY also requires that you pay federal and state employment taxes. This is where a thorough understanding of employment law can help you hire employees fast. In addition to these steps, make sure you keep your business legal and compliant with the New York Department of Labor and Taxation.
Form your LLC. You must file a biennial report in June, the month that your LLC was formed. It’s also important to choose a name that’s available to the general public. In New York, you need to have a fictitious business name for the company’s first five years. You must also register your LLC with the county where you’re located. In addition to filing your annual report, your LLC also has to file a biennial report.
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.