Any business structure or corporation stands firm on its foundation laid by the employees. An LLC is no exception to this rule. Hiring employees in your LLC comes with some rules, regulations. Before understanding the rules of hiring employees in New Hampshire LLC, we must understand what an LLC means.
A Limited Liability Company is a business structure that protects the owners from any personal responsibility of the debts or liabilities arising out of the LLC. If an employee action succeeds to liabilities, the owners get the protection against it. LLCs are a combination of the characteristics of a partnership firm & a sole proprietorship.
On this page, you’ll learn about the following:
- Hiring Employees in New Hampshire
- Can an LLC Hire Employees?
- Laws Relating To Wages Of Employees
- New Hampshire Employee Rights
Hiring Employees in New Hampshire
In order to hire employees in New Hampshire LLC, there are many requirements that a business has to fulfill. One should keep these points in mind while hiring employees in an LLC. These requirements include:
1. Federal & State Employment posters in New Hampshire
The employers in New Hampshire are required to show both Federal & State Employment posters mentioned in Equal Employment Opportunities Act, Americans with Disabilities Act, Fair Labour Standards Act (FLSA), etc. You should seek professional help to fulfill all the norms or requirements.
2. 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 New Hampshire. In that case, you must ask your employees to submit the Employment Eligibility Form, the Federal Tax withholding form, the W-4 Form, Workers Compensation Claim Form, Disability Self- Identification Form, U.S. Citizenship and Immigration Services Form, etc. These Legal forms are easy and free to download.
3. Requirements of New Hampshire New Hire Reporting program
Employers of Business owners are bound by New Hampshire’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 New Hampshire; 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 owner business. 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 New Hampshire?
Just like any other business corporation, an LLC is also not immune from 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 SSN before employment. The SSN is helpful in payment & tax purposes.
- Setting up a process for 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 New Hampshire, 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.
- New Hampshire 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 New Hampshire Workforce Commission. The process involves simple steps & can be completed in 20 minutes.
Payroll taxes also include Federal Income Tax withholding, an employer can withhold money from the employee’s account for the income tax.
- Workers’ Compensation Insurance An LLC operating in the state of New Hampshire 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 New Hampshire 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.
Laws Relating To Wages Of Employees
The State of New Hampshire adheres to federal legislation to regulate the employer-employee relationship in the State. There are no state-mandated labor rules in New Hampshire. The Fair Labour Standards Act governs the rules pertaining to employee rights and protections including minimum wage, overtime laws, leave of absence, and anti-discriminatory practices.
- New Hampshire’s minimum wage is $7.25 per hour, equivalent to the federal minimum wage.
- Any form of workplace discrimination and retaliation against employees in a range of protected classifications is regarded as illegal in New Hampshire.
- Minimum wage, overtime, meal breaks, and child labour are all regulated in New Hampshire.
- Employers in New Hampshire are allowed to terminate employees without providing a cause or notice.
- The business LLC employers in New Hampshire must follow all relevant laws established through federal legislation and state-enforced regulations relating to labor code of conduct.
Structure Of Wages Of Employees
New Hampshire does not have any labor regulations and is guided by federal laws. In the following section, we have listed the key provisions that structure the employee wages in the State.
The current standard minimum wage followed in the State of New Hampshire is $7.25 per hour. The State follows the standards established under federal laws.
- Tip Minimum Wage: The minimum wage rate for tipped employees in New Hampshire is $3.27 per hour. If the employees working in the service sector, such as restaurants, hotels, etc., earn more than $30 in tips every month, then the employers shall pay them at least 45% of the standard minimum wage paid to regular employees.
- Trainees: New Hampshire minimum wage laws allow employers to pay employees with less than six months experience in a given occupation up to 75 percent of the standard minimum wage if the employer files an application with the New Hampshire Department of Labor within ten days of the employee’s hire and it is approved.
- Student Learners: Employers, only upon securing clearance from the New Hampshire Department of Labor can employ student learners and pay them a subminimum wage rate lower than the regular minimum wage rate.
Employees who work for more than 40 hours in a workweek, then such employees should be compensated for the extra hours at a rate of 1.5 times their usual rate of pay.
In New Hampshire, children below 18 years of age are considered minor employees. Minors cannot work in any hazardous employment unless they are enrolled in an approved apprenticeship, vocational rehabilitation, or training program.
Minors under 16 years should not work for more than 3 hours a day when school is in session, and up to 23 hours a week. During holidays, minors can work up to 8 hours per day and up to 48 hours a week.
New Hampshire Employee Rights
Federal and state laws protect the employees’ rights during their jobs in New Hampshire. The laws aim to strike a balance in the bargaining powers between the employers and the employees. On similar grounds, the State offers certain rights to the employees in New Hampshire.
Employers under the New Hampshire Law Against Discrimination (NHLAD) are bound to establish anti-discriminatory practices based on protected characteristics such as race, caste, or color, etc. Such factors including sex, origin, religion are strictly prohibited by the NHLAD.
Equal Pay law in New Hampshire bans employers from discriminating against workers based on sex by prioritizing employees of one sex over employees of the other sex for comparable work requiring equal skill, effort, and responsibility and done under identical working circumstances.
Employees who report the violations of any federal, state, or local law by the employer to the law enforcement or governmental agencies or deny participating in any unlawful activity during the employment, then employees are protected against any form of retaliation by the employer at the workplace.
Leaves of Absence and Time-off
In the State of New Hampshire, laws relating to required time off and leaves of absence for employees mandate the employers to provide unpaid job-protected leave in cases such as pregnancy, childbirth, military, and jury duty leave, emergency responders leave, etc.
New Hampshire does not have a nationally authorized occupational safety and health regulation program since it is not a “state plan” state. Thus, the federal legislation, the Occupational Safety and Health Act (OSH Act) controls occupational safety and health obligations in the private sector in the State of New Hampshire.
All salaries owing to an employee who leaves or resigns must be paid by the next normal paycheck. All salaries must be paid within 72 hours if an employee gives his or her notice to leave the job. All wages must be paid by the following normal payday if an employee is suspended due to a labor dispute or laid off for any reason.
How to Hire Employees Fast in Your New Hampshire LLC
To hire employees for your New Hampshire 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.
Hiring employees can be a challenge for small business owners. Not only does hiring someone require a lot of paperwork, but there are also rules and laws to follow. However, there are a few steps to take to hire the right people and avoid some of the pitfalls. For example, you may want to consider forming a Limited Liability Company (LLC) to avoid paying tax on wage income, but you may also need to provide workers’ compensation insurance. The Small Business Administration provides a tool to help you find the information you need to get started.
One of the most important pieces of hiring paperwork is an Employee Handbook. This document contains a list of company policies and procedures. It also has important information such as the employee’s salary, start date, conditions of employment, and signatures. Many states have laws governing the creation of this document, and the Department of Labor’s Employer Guide can give you a good idea of what you need to know.
Another piece of the hiring puzzle is an Employer Identification Number (EIN). Like a Social Security Number, an EIN is a standardized number that identifies your business. You can obtain an EIN through the mail or online.
Using the right name for your LLC is the first step to forming a new entity. You must choose a name that does not conflict with other names on file with the secretary of state. There are two options for naming your LLC: you can register a trade name or you can use a phrase that refers to a limited liability company. When choosing a name, be sure to choose a name that is easily recognizable to potential customers. If you plan to use a trade name, you must register it with the secretary of state with a $50 filing fee.
Although an LLC is a popular entity structure, there are a few requirements for formation in New Hampshire. First, you must be a resident of the state. Secondly, you must have a Registered Agent. A Registered Agent is the legal representative of your business and receives legal notices on your behalf. Finally, your business must open a bank account for payroll purposes.
You may also need to pay New Hampshire Payroll Taxes. These taxes are a state and federal requirement. To avoid problems down the road, be sure to contact the New Hampshire Workforce Commission to register your business for these taxes. Having a payroll schedule is a good idea, and you should take the time to decide what types of benefits you will offer to your employees.
Finally, you should be sure to keep all W-9 forms you receive from your employees. These forms tell the IRS how much you paid your employees. While this may seem like a trivial task, the IRS uses the numbers on these documents to calculate your taxes. Be sure to save the form in a safe place so you can access them when needed.
An LLC is a business entity that can be treated as either a corporation, a partnership, or a sole owner business.
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 LLC.
All the LLCs with employees are bound by many rules and regulations with reference to wages. It is always advisable to register a registered agent service to understand the laws better. Feel free to share your feedback with us in the comment section below.