What Documents to Give New Employers

New York And Federal Law Have Varying Requirements On The Documents An Employer Must Give New Employees.

Here Is A List Of All Forms You Need To Give New Hires, Along With Links To The Government Sites:

  • Form I-9. Eligibility to work in the United States. This is one of the required forms for new hires in New York. You must verify that each new employee is legally eligible to work in the United States.
  • Form W-2. This is one of the required forms for new hires in New York. You are required to get each employee’s name and Social Security Number (SSN) and to enter them on Form W-2. (This requirement also applies to resident and nonresident alien employees.) You should ask a new employee to show you his or her social security card. You may, but are not required to, photocopy the social security card if the employee provides it.
  • Form W-4. Wage Withholding Allowance Certificate. This is one of the required forms for new hires in New York. To know how much income tax to withhold from your employee’s wages, you should have a Form W-4 on file for each employee. Ask all new employees to give you a signed Form W-4 when they start work. Make the form effective with the first wage payment. A Form W-4. Remains in effect until the employee gives you a new one. If an employee claims exemption from income tax withholding, he must give you a new Form W-4 each year. If an employee gives you a Form W-4 that replaces an existing Form W-4, begin withholding no later than the start of the first payroll period ending on, or after the 30th day, from the date you received the replacement Form W-4.
  • Form IT-2104. Employer Allowance Certificate (NYS). This is one of the required forms for new hires in New York. This form must be completed to withhold New York State taxes, if working within New York state (depending on the employee’s withholding, IT-2104-1 or IT-2104-E must also be completed).
  • IRS Form 940. You must file IRS Form 940 to report your federal unemployment tax for any year in which you paid wages of $1,500 or more in any quarter or for any year in which an employee worked for you in any 20 or more different weeks of the year.

Report each new hire to state new hire reporting agency. You can either report the new hire online or mail in a Form IT-2104.

Notice of Pay rate and Payday. The New York Department of Labor’s website has easy to use templates in many languages for all compensation structure.

Douglas Lipsky

Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today by clicking here.