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How To Hire Your First Employee
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Article 8: Your Legal Obligations
If you thought there were a lot of laws and regulations you had to follow as a self-employed business owner, they were nothing compared to your obligations as an employer.
“Hiring your first employee presents some significant legal obligations that weren’t present before,” says Bill Hubbartt (www.hubbartt.com), a human resources management consultant and the author of eight books on personnel policies. Many of these relate to the payment of withholding taxes and the filing of government paperwork, but here are a few more to keep in mind:
You must comply with your state’s workers’ compensation laws. These provide compensation for employees who are injured on the job. Each state’s laws are different, but the laws are compulsory for employers in every state except New Jersey and Texas. In those two states, employers can reject coverage, but they’ll lose certain defenses if they opt out and an employee is injured on the job. Workers’ compensation insurance is purchased through private insurance agents, not the government.
There is an alphabet soup of federal employment laws that may apply to your business: FLSA, OHSA, ERISA, ADA, COBRA and FMLA, to name just a few. Which ones apply to you depends on your number of employees. Note, however, that all employers, regardless of size, are subject to federal or state OSHA requirements to maintain a safe workplace.
Employers are required to provide time off for employees to vote, serve on a jury or perform military service; comply with the state’s workers’ compensation requirements; withhold and pay FICA and pay FUTA taxes; and contribute to state short-term disability programs where they exist.
Employers are not required to provide employees with retirement plans, health or life insurance or paid vacations, holidays or sick leave. “However, this usually becomes a competitive issue,” says Hubbartt, “since it’s hard to attract and retain good employees without offering at least a minimal benefits package.”
There is flexibility in determining pay periods for your employee: You may pay daily, weekly, biweekly, semi-monthly, quarterly, semi-annually or annually. Weekly and bi-weekly pay periods are the most common. Employees may be paid an hourly wage (these are known as non-exempt employees) or salary (exempt employees). Non-exempt employees must be paid time and one-half their regular rate of pay for overtime (any time worked beyond 40 hours).
Finally, note that many of the laws that apply to employees do not apply to independent contractors. You must be careful, though, when classifying a worker as an independent contractor, as the fines for misclassification can be steep.
“You can’t disguise employees as independent contractors in an attempt to avoid employer obligations,” says Hubbartt. The IRS has developed a 20-factor test to help with the determination. You can find the test at www.toolkit.cch.com/text/P07_1115.asp. In general, if a worker would be considered an employee under at least 10 of the factors, he or she should be classified as an employee.
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How To Hire Your First Employee
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