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Laws to Know Before Hiring Your First Employee


Can you tell me what federal or state laws I have to learn about or comply with when hiring my first employee? Is it a good idea to use an HR handbook now?



You need to be primarily concerned with the laws that regulate payroll taxes — employee withholdings as well as employer-paid taxes. Your accountant can easily help you with payroll compliance, or you can outsource your payroll to a payroll service.

You should also study the Fair Labor Standards Act (FLSA), as well as the wage and hour laws in your state. Make sure you have workers' compensation insurance (per your state's workers' compensation law). Companies are required to carry workers' compensation insurance even if they have only one employee. Also familiarize yourself with the Immigration Reform and Control Act (IRCA), since you are legally required to have completed I-9 forms for all employees.

You are not required to offer your employees health insurance or other benefits. However, if you do, you'll need to be familiar with the Employee Retirement Income Security Act (ERISA), and the applicable portions of the Internal Revenue Service.

You don't need an HR handbook if you have only one employee. Just be clear and accurate in your communications. Employee handbooks are advisable when your organization grows, and it becomes difficult to communicate clearly and accurately with all employees.

In addition, make sure to read these articles:

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  • Washington County in need of revenue
  • Aug. 14--FORT EDWARD -- Washington County officials feel confident they have stamped down the expenses of running a government, thanks to a yearlong hiring freeze....
  • The Costs of Bad Hiring Decisions and How to...
  • By Carol A. Hacker St. Lucie Press, 1998, 228 pages, ISBN: 1-57444-217-1. Studies show that 80 percent of employers claim hiring is their number one ......
  • Understanding unemployment laws.
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  • Scottsdale Based PEO Announces Growth, New Clients.
  • SCOTTSDALE, Ariz. -- National PEO, LLC a full service human resource outsourcing company announces the addition of several new clients to their roster since ......
  • Guiding the growth of your business: The benefits...
  • Many small- and medium-sized employers are finding themselves in a real "Catch 22" situation: The more their businesses grow and prosper, the less time they ......
  • Insurance woes
  • HEADNOTE Reining in the soaring costs of construction insurance IMAGE ILLUSTRATION 1 It's no secret that liability and workers' compensation insurance costs are going up, ......
  • Minimizing post-hiring liability.
  • The success of recent liability suits based on hiring decisions has property owners and managers concerned--and rightfully so. While courts have long held employers responsible ......
  • CPAs outsource HR paperwork to free up...
  • When his firm started doing accounting work for a Professional Employer Organization (PEO), Dan Klecka realized that a PEO could be a CEO's best friend....
  • Small businesses turn to leasing to cut payroll...
  • Small businesses looking to cut costs and paperwork during the recessionary 1990s have been increasingly turning to employee-leasing companies to fill their personnel needs, according ......
  • Anticipating Risk: How to Staff Your Home With the...
  • NOVATO, Calif. -- If you're in need of good domestic staff, you've got a lot of company, with demand for childcare workers on a double-digit ......
  • Questions for Job Prospects.
  • One of the biggest hiring mistakes is to pick an employee based on instinct. Neophytes to the hiring game sometimes get "a good feeling" from ......
  • Ten tips for developing an RFP for...
  • With nursing home hiring practices coming under closer scrutiny, many facilities are feeling a sense of urgency to implement an employee-screening program. Recent investigations have ......
  • Don't get sued for what an employee does.
  • Suppose one of your employees gets mad and slugs a patient's family member, or worse, a patient? Or maybe your employee drives a fellow worker ......
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