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What legal requirements do I need to fulfill before hiring an employee in New York?

Picture of Chris Battis By   ·  1 minute read

Question:

What legal requirements do I need to fulfill before hiring an employee in New York?

Answer:

If you want to hire an employee in New York, you must comply with various state and federal laws. Below are some of the legal requirements that you need to fulfill:

  1. Obtain an Employer Identification Number (EIN): If you are starting a new business and plan to hire employees, you need to obtain an EIN from the IRS. An EIN is used for tax reporting purposes and is required to report employee wages and withholding taxes.
  2. Verify the employee's eligibility to work in the United States: Federal law requires that all employers verify the employment eligibility of their employees by completing Form I-9. You must also keep this form on file for three years after the employee's hire date or one year after their termination, whichever is later.
  3. Obtain workers' compensation insurance: Employers in New York are required to have workers' compensation insurance to cover the cost of any work-related injuries or illnesses suffered by their employees. Failure to carry this insurance can result in stiff financial penalties.
  4. Comply with wage and hour laws: Employers in New York must comply with state and federal minimum wage and overtime laws. New York State sets a higher minimum wage than the federal minimum wage, and employers must pay overtime when an employee works more than 40 hours in a workweek.
  5. Provide required benefits: Under New York law, employers must provide certain benefits to their employees, such as paid sick leave and family leave. Employers must also comply with other state and federal laws related to benefits, such as the Family and Medical Leave Act (FMLA) and the Affordable Care Act (ACA).
  6. Comply with anti-discrimination laws: Employers in New York must comply with state and federal anti-discrimination laws. This means that employers cannot discriminate against employees based on their race, gender, age, religion, national origin, disability, or other protected characteristic.

In addition to the above, there may be other legal requirements that apply to your specific situation, such as specific industry regulations or licensing requirements. It is recommended that you consult with an experienced employment law attorney to ensure that you comply with all legal requirements when hiring an employee in New York.