Fact Checked by Editorial Staff
When you start an LLC (Limited Liability Company), it is inevitable that you will hire employees sooner or later. For every other business structure, hiring employees requires a handful of rules to follow. Before you start hiring employees in an LLC in Arizona, you must understand a few things.
LLCBuddy editors shared their tips on how to hire employees in your LLC. On this page, you will find what the requirements are to hire people in your LLC as a single-member or multi-member LLC. Let’s dig deeper into the ins and outs of hiring employees in Arizona LLC.
Hiring Employees in Arizona
In order to hire employees in an Arizona LLC, there are many requirements that a business has to fulfill. First of all, there are a few steps you have to follow in order to get employees on board. Besides these steps, there are a few more important things you must know about hiring employees in your LLC.
Step 1: Publish a Job Description
The first step to hiring employees in your LLC in Arizona is to publish a job description. The JD must be detailed, clean, and easily understandable by the applicants. A few important points should be there on the JD, such as the job profile, eligibility (who can apply), the remuneration, job type (full-time/part-time/contractual), and other offerings of your company. All of these should be clearly mentioned in the Job Description.
Step 2: Comply with the Legal Side of Hiring in Arizona
When you hire employees in your LLC in Arizona, it is mandatory to be compliant with the laws of hiring people in your state. The following points should be included in the hiring process and later on,
- No discrimination based on colour, religion, race, or any such factors
- Make sure to comply with IRS guidelines
- Do not mention any false statements on the job description or fake promises that are not part of your LLC or business
- Comply with regulations like minimum wages, hiring immigrants, etc.
Once the legal compliance is met, there are a few tasks to be done before and after hiring employees in your Arizona LLC.
Some Other Points to Consider:
There are some employment rules and regulations (Federal and State) to follow or comply with before and after you hire people in your LLC.
Federal & State Employment posters in Arizona
The employers in Arizona are required to show both Federal & State Employment posters mentioned in the Equal Employment Opportunities Act, Americans with Disabilities Act, Fair Labor Standards Act (FLSA), etc. You should seek professional help to fulfill all the norms or requirements.
Federal & State Required Forms
Hiring employees is a lengthier process that involves the filing of different forms & applications. Suppose you wish to hire employees in Arizona. In that case, you must ask your employees to submit the Employment Eligibility Form, the Federal Tax withholding form, the W-4 Form, the Workers Compensation Claim Form, Disability Self-Identification Form, the U.S. Citizenship and Immigration Services Form, etc. These Legal forms are easy and free to download.
Requirements of the Arizona New Hire Reporting program
Employers of Business owners are bound by Arizona’s New Hire Reporting Program, under which they have to submit a report consisting:
- Company Name
- Company Address
- Company federal tax ID number
- Employee’s Name
- Employee’s Social Security Number
- Employee’s Address
- First Day of Paid Work
In addition to the forms mentioned above, payments, taxes, tax forms, & requirements, there may be some additional compliance for hiring in Arizona (specifically); you must adhere to those norms as well.
Can an LLC Hire Employees?
An LLC or a Limited Liability Company can be regarded as a corporation, partnership, or sole proprietorship. The owners of the LLC are often referred to as members. Individuals, Corporations &, in some cases, other LLCs can form an LLC as members.
The members form LLCs because of their limited or no liability provided to the owners or members. In the event of liabilities arising out of an employee’s action, the members of the LLC are not personally liable- the LLC is liable for the actionable claim.
Any LLC (even one with a single owner) can hire unlimited employees on wages or salary. (The single-member owner LLC may have different rules and regulations.) In addition to the salaried employees, the LLC can appoint Independent contractors for certain tasks on a contract basis.
Rules to Hire Employees in an LLC in Arizona?
Just like any other business corporation, an LLC is also not immune to certain procedures & rules of hiring. An LLC files many documents & pays a number of taxes to various Government Agencies while hiring employees. Some of the essential rules or steps to hire employees in an LLC are:
- Federal Employer Identification Number – Every LLC must obtain an Employer Identification Number (EIN) from the Internal Revenue Service. EIN helps report taxes & a few other documents to the IRS.
- Employee Eligibility Form – It is mandatory for an LLC owner to check if the employee is eligible for employment in the U.S. An LLC has to ask the employees to submit the I-9, Employment Eligibility Verification Form, to verify the identity of the employee & to authorize the employment. The I-9 form is a mandatory requirement while hiring an employee.
- Employee’s Social Security Number – The employee has to have a valid Social Security Number (SSN) to work. LLCs have to ask the new employees to submit their SSNs before employment. The SSN is helpful for payment & tax purposes.
- Setting up a process for the collection & payment of the appropriate taxes – There has to be a due process for the employees’ future collection & payment of taxes. This process needs to be set up by the employer (in this case, the LLC)
- Employee handbook – In the hiring process, one of the crucial elements of hiring paperwork is an Employee Handbook. Although it is not essential in Arizona, it is usually needed as one of the legal documents in many other states. An Employee Handbook consists of a complete list of all the basic rules & policies of the company.
- Arizona Payroll Taxes – An LLC that is running a business with employees or businesses with employees has to pay many federal taxes & state Taxes. Following the rules on payroll taxes is also an essential requirement. After hiring employees, an LLC is subject to the State Unemployment Compensation Act. Under the said Act, an LLC will have to pay Unemployment tax to the state & to do that, the LLC must register itself with the Arizona Workforce Commission. The process involves simple steps & can be completed in 20 minutes.
Payroll taxes also include Federal Income Tax withholding, and an employer can withhold money from the employee’s account for the income tax. - Workers’ Compensation Insurance: An LLC operating in the state of Arizona has to carry workers’ compensation insurance & has to display relevant posters.
- New Hire Report or Report of the New Employee – An LLC has to
- Report about hiring the new employees in the form of “Report of New Employee(s)” to the Arizona Workforce Commission within 20 days from the date of hire.
- Deposit and report federal employment taxes as per the IRS procedures for payroll reporting & payment.
Law Relating to Wages of The Employees
The federal government establishes minimum employment protection standards, such as the federal minimum wage and anti-discrimination statutes. States, on the other hand, have their own employment laws, which either enhance or add additional safeguards to federal regulations.
- From 2022, Arizona’s basic minimum wage shall be $12.80 per hour, which is increased yearly based on a cost-of-living calculation.
- In Arizona, there are laws governing minimum wages and child labour.
- Under Arizona law, employers are prohibited from discriminating against and retaliating against employees who belong to a range of protected classifications. Employers must also give equal compensation for equal work and safeguard whistleblowers.
- The Arizona Industrial Commission is in charge of implementing and administering the state’s employment regulations. Workers’ compensation, Workplace safety, youth labour, and rules relating to the welfare and safety of employees are all covered under these laws.
Structure Of The Wages Of The Employees In Arizona
Arizona employment rules and regulations are covered in this section, including state civil rights legislation, payroll requirements, legal holidays, whistleblower protection acts, and labor laws impacting unions.
Minimum Wage
The current minimum wage in Arizona is $12.15. Unless the business or employee is excluded by state or federal law, employers must pay employees Arizona’s minimum wage rate for every hour worked. Additionally, Arizona’s rules may allow businesses to pay subminimum wages to some employees under certain circumstances.
Minimum Wage for Tipped Employees
Employers in Arizona must guarantee that tipped employees are paid at least the minimum wage, which can include up to $3.00 in tips as part of that salary. With the existing minimum wage of $8.05, for example, an employer might pay a tipped employee $3.00 less, bringing their total salary to $5.05. Because the employee is anticipated to make $3.00 per hour via gratuities, this is not considered an exception to the Minimum Wage Act.
Overtime Wage
Employers must pay at least one and a half times an employee’s hourly rate for any time worked that exceeds 40 hours in a week, according to the Federal overtime legislation, since the State of Arizona does not have any statute governing the overtime provisions.
Minor Employees
Arizona’s child labor regulations limit the kind of jobs that children can do, as well as the number of hours and days they can work. Unless an exception is granted, Arizona law bans employers from hiring children in activities that are proven to be dangerous or damaging to minors’ well-being. Some of the specified jobs are illegal for all children, while others are illegal exclusively for minors under the age of 16.
Time Off and Leaves of Absence
The Fair Wages and Healthy Families Act grants eligible employees compensated sick time for any accident, disease, or health problem affecting the employee or a family member; any public health emergency that may lead to the closure of the employee’s employment, a child’s school, or a care facility. The employers shall also compensate the employee for any absence due to incidents like assault, abuse, and domestic violence.
Paid Sick Leave
Employers with 15 or more employees are required to give up to 40 hours of paid sick time each year to their employees. Smaller businesses are required to contribute up to 24 hours each year.
Rights of The Employees in Arizona
Employers in Arizona need to abide by the labor regulations while employing workers in the State. The legislation grants several rights to workers and employees. Listed below are some of the significant provisions conferring several rights to the workers in the State of Arizona.
Anti-discriminatory Practices
The Arizona Civil Rights Act prohibits any form of discrimination and harassment in the workplace. The Act covers employers with 15 or more employees working for the employer.
Equal Pay for Equal Work
The Arizona Equal Pay Law prohibits employers from favoring one employee over another while compensating for the same amount of completed work. Employees, irrespective of their sex, should be compensated fairly and equally while working in the same establishment.
Protection for Whistleblowers
The Employment Protection Act in Arizona restricts any form of discrimination against an employee who has disclosed their employer’s violations of the law to the authorities.
Exit Pay
Employees who have been excused from the job should be compensated in full and final settlement within 7 business days from the date of termination.
Occupational Safety
The Occupational Safety and Health Act provides safety at the workplace and compensation for any kind of workplace injury or fatality.
Family and Medical Leave
Under this Act, the employees are eligible to receive 12-week leave for family or medical reasons. Such leave should be job-protected and not cause any detriment to the future prospects of the employee at the establishment.
FAQs
An LLC is a business entity that can be treated as either a corporation, a partnership, or a sole proprietorship.
The owners of the company are not personally liable for the actions of the employees, the LLC is liable for any such actions.
Before hiring an employee, under federal law, the business has to verify an employee’s eligibility to work in the United States with the (IRS Form I-9). The business owner also has to make sure the employee has a valid SSN or Social Security Number.
LLC members, or LLC owners, are self-employed according to the IRS because they pay themselves through the earnings of the LLC.
How to Hire Employees Fast in Your Arizona LLC
To hire employees for your Arizona LLC, you need to verify if the person is eligible to work in the US and then report him/her as ‘new hires’ to the state.
First and foremost, it is important to have a clear understanding of the roles and responsibilities you are looking to fill within your company. Take the time to carefully outline the job descriptions, qualifications, and skills necessary for each position. This will not only help you attract candidates who are the best fit for the job, but it will also expedite the screening process by allowing you to quickly eliminate candidates who do not meet your criteria.
Utilizing online job boards and recruitment websites can also be an effective way to attract a large pool of qualified candidates in a short amount of time. Platforms such as Indeed, Glassdoor, and LinkedIn allow you to post your job openings for free or for a nominal fee, reaching a wide audience of potential applicants. Additionally, these websites often have built-in tools that allow you to easily filter through resumes and applications, making it easier to identify top candidates quickly.
Networking is another valuable tool for hiring employees fast in your Arizona LLC. Utilize your professional network, industry connections, and social media platforms to spread the word about job openings within your company. Referrals from trusted sources are often the most reliable way to find high-quality candidates, as they come with a built-in level of trust and validation.
Consider partnering with a staffing agency or recruiting firm to help streamline the hiring process. These professionals have access to a vast network of candidates and can help match you with individuals who meet your specific requirements. While there may be a cost associated with this service, the time and energy saved by outsourcing the recruitment process can often outweigh the expense.
When conducting interviews, be prepared to move quickly and decisively. Schedule interviews promptly, gather feedback from all stakeholders, and make hiring decisions in a timely manner. The longer you wait to extend an offer, the greater the likelihood that your top candidates will accept a competing offer.
Lastly, prioritize candidate experience throughout the hiring process. Keep communication lines open, provide timely updates, and offer a positive and engaging interview experience. Even if a candidate is not ultimately selected for the position, a positive experience can leave a lasting impression and potentially lead to referrals or future opportunities for collaboration.
In conclusion, hiring employees fast in your Arizona LLC requires a strategic and proactive approach. By defining your hiring needs, leveraging online resources, networking, partnering with recruitment professionals, moving quickly through the interview process, and prioritizing candidate experience, you can streamline your hiring process and bring on new team members efficiently.
In Conclusion
Hiring people in an LLC is not a huge task, however, there are laws, regulations, and other factors to consider. While expanding your company, on one hand, you need to hire employees, on the other hand, you must comply with the laws in the state. In Arizona, if you start an LLC, you might need to hire more people. Make sure to check with SOS and, moreover, the local government body to ensure meeting legal criteria.
All the LLCs with employees are bound by many rules and regulations with reference to wages. It is always advisable to use a registered agent service to understand the laws better. Feel free to share your feedback with us in the comment section below.