As you start scaling your food business, and sales are coming whizzing in, you will find that you are no longer able to do everything yourself. This is normal and an exciting moment. It’s time to put the systems and team in place in a way where you both maintain your high standards of operations and delicious products that customers want.
This Union Kitchen guide focuses on the legal requirements for hiring an employee. We will discuss the various steps to make sure you are all squared away. By the end, you should have an understanding of what is legally required for onboarding your first team member and will be ready to start looking at resumes.
If you feel a little intimidated by all these steps, don’t worry. You also have the option of using Gusto, or a similar human resource management system. Gusto, an upstart, is a software company that helps business owners with the various tasks associated with managing a team. This includes the entire list we are going to walk through below. Prices on Gusto vary depending on team size and features offered. We recommend, when first starting out, to stick with the basic plan, which costs $19 per month, plus $6 per month per person. For more info on Gusto, click right here.
Step 1. Obtain an Employer Identification Number (EIN)
Before hiring your first employee, you need an employment identification number (EIN) from the U.S. Internal Revenue Service. The EIN is often referred to as an Employer Tax ID or as Form SS-4. The EIN is necessary for reporting taxes and other documents to the IRS and for reporting information about your employees to state agencies. Apply for an EIN online or contact the IRS at 1-800-829-4933.
Step 2. Set up Records for Withholding Taxes
The IRS highly recommends maintaining records of employment taxes for at least four years. Below are three types of withholding taxes you need for your business:
Federal Income Tax Withholding - Every employee must provide an employer with a signed withholding exemption certificate (Form W-4) on or before the date of employment. The employer must then submit Form W-4 to the IRS. For specific information, read the IRS' Employer's Tax Guide [PDF].
Federal Wage and Tax Statement - Every year, employers must report to the federal government wages paid and taxes withheld for each employee. This report is filed using Form W-2, wage and tax statement. Employers must complete a W-2 form for each employee who they pay a salary, wage or other compensation. This can be completed through your payroll provider. We recommend Gusto.
Employers must send Copy A of W-2 forms to the Social Security Administration by the last day of February to report wages and taxes of your employees for the previous calendar year. In addition, employers should send copies of W-2 forms to their employees by Jan. 31 of the year following the reporting period. All of this can be managed using your payroll provider. We recommend Gusto.
State Taxes - Depending on the state where your employees are located, you may be required to withhold state income taxes. Visit your state and local tax page for more information.
Step 3. Employee Eligibility Verification
Federal law requires employers to verify an employee's eligibility to work in the United States. Within three days of hiring, employers must complete Form I-9, employment eligibility verification. U.S. Employers can only request documentation specified on the I-9 form.
Employers do not need to submit the I-9 form with the federal government but are required to keep them on file for three years after the date of hire or one year after the date of the employee's termination, whichever is later.
Employers can use information taken from the Form I-9 to electronically verify the employment eligibility of newly hired employees U.S. Immigration and Customs Enforcement agency’s I-9 website
Visit the U.S. Immigration and Customs Enforcement agency’s I-9 website to download the form and find more information.
Step 4. Register with Your State's New Hire Reporting Program
All employers are required to report newly hired and re-hired employees to a state directory within 20 days of their hire or rehire date. Visit the New Hires Reporting Requirements page to learn more and find links to your state's New Hire Reporting System.
Step 5. Obtain Workers' Compensation Insurance
All businesses with employees are required to carry workers' compensation insurance coverage through a commercial carrier, on a self-insured basis or through their state’s Workers' Compensation Insurance program.
Step 6. Post Required Notices
Employers are required to display certain posters in the workplace that inform employees of their rights and employer responsibilities under labor laws. Visit the Workplace Posters page for specific federal and state posters you'll need for your business.
Step 7. File Your Taxes
Generally, employers who pay wages subject to income tax withholding, Social Security and Medicare taxes must file IRS Form 941, Employer's Quarterly Federal Tax Return. For more information, visit IRS.gov.
New and existing employers should consult the IRS Employer's Tax Guide to understand all their federal tax filing requirements.
Visit the state and local tax page for specific tax filing requirements for employers.
Step 8. Get Organized and Keep Yourself Informed
Being a good employer doesn't stop with fulfilling your various tax and reporting obligations. Maintaining a healthy and fair workplace, providing benefits and keeping employees informed about your company's policies are key to your business' success. Here are some additional steps you should take
After you've hired your first employee:
Set up Recordkeeping
In addition to requirements for keeping payroll records of your employees for tax purposes, certain federal employment laws also require you to keep records about your employees. The following sites provide more information about federal reporting requirements:
Complying with standards for employee rights in regards to equal opportunity and fair labor standards is a requirement. Following statutes and regulations for minimum wage, overtime, and child labor will help you avoid error and a lawsuit. See the Department of Labor’s Employment Law Guide for up-to-date information on these statutes and regulations.
Also, visit the Equal Employment Opportunity Commission and Fair Labor Standards Act.
Conclusion
In this blog, we discussed the various legal steps, from obtaining an Employer Identification Number to Record Keeping, that are required when you hire someone to your team. We also introduced the option of Gusto, a human resource management platform, which will walk you through and take care of the steps above.
Hopefully by now, you feel a little more comfortable and confident with the process.