General legal information for the United States, not legal advice. Read the disclaimer

Hiring Your First Employee: Legal Steps for Small Business Owners

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Becoming an employer brings new legal duties. Setting up correctly from the start prevents costly penalties.

Setup steps

  1. Get an Employer Identification Number from the IRS.
  2. Register with your state for payroll taxes and unemployment insurance.
  3. Set up payroll and withholding.
  4. Obtain workers' compensation insurance as required.
  5. Display required workplace posters.
  6. Get required state or local registrations.

Paperwork

  • Form W-4 for tax withholding.
  • Form I-9 to verify work eligibility.
  • State new hire reporting.
  • A written offer letter and handbook.

Wage and hour compliance

  • Pay at least the applicable minimum wage and overtime to non-exempt employees.
  • Classify workers correctly as employees or contractors.
  • Keep time and payroll records.
  • Follow rules for breaks, leave and tipped employees.

Get help

Payroll services and accountants can reduce mistakes. A lawyer can help with offer letters, handbooks and classification. See our guides on contractor agreements and employee classification.

Frequently asked questions

Do I need workers' comp?

Most states require it once you have employees.

Can I pay my first hire cash?

No. Payroll taxes and records still apply.

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