It’s easy to get frustrated when you’re new to hiring and you’re trying to figure out how to handle payroll and the legal issues that come along with new employees. It doesn’t have to be overwhelming.
When business is booming and it’s time to hire your first employee, you might discover finding great talent, hiring someone, and making sure that all of your new hire paperwork is in order is often a steep learning curve for entrepreneurs. Fortunately, once you go through the on-boarding process with one employee, you’ll be ready to handle many more as your company grows.
Do You Really Need to Hire an Employee?
First, you’ll need to determine whether or not you truly need to hire a full-time or part-time employee or whether contract labor or a freelancer can do the job.
Understanding the difference between the two main categories of employees versus independent contractors is critical, since mistakes can lead to hefty IRS penalties for not paying the appropriate employment taxes. An independent contractor has more autonomy in how they work, where they work, and how they complete each task, while an employee works directly under your supervision on set tasks, at the time and place of your choosing.
You cannot keep someone as an independent contractor status and treat them like an employee. The IRS takes a dim view of this approach since some companies use it to avoid paying unemployment taxes and other benefits. You must also be quite clear about job hours, since there are different insurance and tax requirements for part-time versus full-time employees.
Consider how you’ll track employee hours. If it’s just one employee, it may be easy to note when they arrive at work and when they leave. If you plan to expand your workforce, a computerized tracking system may needed to accurately track hours for benefits and payroll.
Once you’ve settled upon hiring an employee, create a job description for the position. Include roles, responsibilities, requirements for the job, and a list of tasks associated with the job itself. This will guide your hiring process and help wanted ad, too, so it’s an important task.
Finding Great Help
You can hire locally through newspaper or online classified ads. You can also place ads on job boards such as Indeed, Monster, and other sites. Base your job posting on the description. Receive resumes, review them, and interview the three most promising candidates.
Congratulations! You’ve found your candidate and extended a job offer. If they accept, it’s time to begin the hiring process, step by step.
How to Handle Payroll and the Hiring Process from Start to Finish
There are certain legal and tax rules you must follow when you hire a new employee and you set up the payroll process.
- Obtain an EIN: An EIN, or employer identification number, is a number used on many legal and tax documents. You apply for an EIN on the IRS website.
- Register with your state’s labor department: You must register with your state’s labor department to pay the appropriate unemployment compensation taxes.
- Purchase Worker’s Compensation insurance: States require employers to carry Worker’s Compensation insurance to cover their employees in the event of an accident or injury on the job. Each state sets its own policies regarding Worker’s Compensation insurance, so check with your state’s labor department for the rules for your state.
- Set up your payroll system: You can set up your own payroll system or work with online payroll software to handle weekly payroll filing needs.
- Complete forms: Each employee should fill out a W-4 form, the withholding allowance form, and an I-9 form with verification of eligibility for employment. Photocopy proof of eligibility, such as driver’s licenses, etc., and return the originals to your employee.
- Report the employee: You must report employees to the state’s hiring agency. The state then checks against records of people who owe for child support.
- File IRS Form 940: You’ll need to complete IRS form 940 each year to report federal unemployment tax.
- Set up personnel files: Setup files for your new employees that includes copies of their resume or job application, employment verification, IRS forms, and emergency contact information.
- Sign up for benefits: If your company offers benefits, review them with your employee and ask them to enroll.
- Finish the process: Create an employee manual and hang up required “Employee’s Rights” posters. Follow all OSHA workplace safety regulations. Get your new employee the tools they need to do their job – a desk, computer, cash register, car or whatever else you need. Then welcome them aboard!
Other Payroll Considerations
Depending on your business needs, you may need to include in your hiring process an NDA. NDA stands for “Non Disclosure Agreement”. It is a legally binding contract that prevents employees from sharing trade secrets with anyone else. This protects your business if you have any important information that you don’t want getting out into the public.