What legal steps should I take before hiring an employee in Ohio, and what are my obligations to that employee once they are hired?
As an employer in Ohio, there are several steps you need to take before hiring an employee and obligations you have once they are hired.
Before the Hiring Process
- Obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS).
- Register with the Ohio Department of Taxation for state tax purposes and obtain the necessary permits and licenses.
- Verify the employee's eligibility to work in the United States by completing Form I-9 and reviewing the employee's identification documents.
- Comply with all federal and state anti-discrimination laws during the hiring process, including but not limited to Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).
After the Hiring Process
- Pay your employee at least the minimum wage in Ohio, which is currently $8.80 per hour, and provide them with any overtime pay they are entitled to under the Fair Labor Standards Act (FLSA).
- Withhold and pay applicable federal and state taxes, Social Security and Medicare taxes, and any other required deductions.
- Allow your employee to take breaks and provide them with time off if they are eligible under applicable federal and state laws, such as the Family and Medical Leave Act (FMLA) or the Ohio Domestic Violence Leave Act.
- Provide a safe and healthy work environment, free from hazards and comply with all applicable Occupational Safety and Health Administration (OSHA) regulations.
- Provide your employee with a written statement outlining their employment terms and conditions, including job duties, pay rate, and any benefits they are entitled to.
- Comply with all other applicable federal and state employment laws, such as the National Labor Relations Act (NLRA) or the Ohio Minimum Wage Law.
It is important to note that the above list is not exhaustive and employers may have additional obligations depending on their industry, size, and other factors. Employers should consult with an attorney or HR professional to ensure that they are complying with all applicable laws and regulations.