
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 Washington, 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 Washington LLC.
Hiring Employees in Washington
In order to hire employees in a Washington State 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 Washington 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 Washington
When you hire employees in your LLC in Washington, 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 Washington 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 Washington
The employers in Washington 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 Washington. 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 Washington New Hire Reporting program
Employers of Business owners are bound by Washington’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 Washington; 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 Washington?
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 Washington, 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.
- Washington 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 Washington 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 Washington 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 Washington 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
Minimum employment protection criteria, such as the federal minimum wage and anti-discrimination laws, are established by the federal government. States generally have their own employment rules that either complement or supplement federal restrictions. The State of Washington regulates the employer-employee relationship in the State through the State-enforced laws in addition to the federal legislation.
- The minimum wage in Washington is greater than the federal minimum wage. The state’s minimum wage is $14.49 per hour.
- Discrimination and retaliation against employees in a range of protected classifications are illegal in Washington.
- Minimum wage, overtime, meal and rest breaks, and child labor are all regulated in Washington.
- Employers must ensure a safe and secure working environment for their employees under Washington law, which includes adopting a documented accident prevention policy.
- Employers in Washington must comply with the relevant final pay after an employee’s employment terminates.
Structure Of Wages of Employees
Washington 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.
Washington Minimum Wage
The current minimum wage in Washington is $14.49 per hour. Washington minimum wage rules demand an annual review of the minimum wage beginning January 1, 2021. It needs to be increased at the same pace as the cost of living. Each year, the evaluation must be completed by September 30.
- Tipped Minimum Wage: Washington is one of just seven states that does not establish a separate minimum wage for tippers. Therefore, the tipped employees must be paid at least $9.47 per hour, regardless of the amount of tips they get. This is different from the federal minimum wage for tipped employees, which is $2.13 if the employee’s total revenue is equal to or more than $7.25.
- Student Learners: Employers can pay learners a subminimum wage of no less than 85% of the statutory minimum wage, provided they get a special certificate from Washington’s Department of Labor and Industries.
Washington Overtime Wage Rate
For all hours performed in excess of 40 in a week’s worth of labour, Washington employment rules compel a firm to provide extra compensation to employees at a rate of 1.5 times the worker’s usual rate of pay.
Child Labor
During school days, children aged 14-15 are permitted to work for 3 hours per day and 8 hours on weekends, for a total of 16 hours per week and 6 days per week. During holidays, minors may work for 8 hours a day and 40 hours a week for 6 days a week.
When school is in session, minors aged 16-17 are permitted to work for 4 hours per day and 8 hours on weekends, for a total of 20 hours per week; on non-school days, they are allowed to work for 8 hours per day and 48 hours per week. Working in hazardous situations is prohibited for all children.
Washington Employee Rights
Employers in Washington must follow the state’s labor standards while hiring personnel. Workers and employees have many rights under the law. The following are some of the key laws that provide employees in Washington with a variety of rights.
Rights Against Discrimination
Employers are subject to the Washington Law Against Discrimination. Discrimination based on race, caste, creed, colour, religion, nationality, handicap, sex, and other considerations is prohibited in the workplace by employers.
Equal Pay
A Washington employer may not pay a female employee less than a similarly employed male employee or discriminate in any way in the payment of wages between the sexes when the employees are provided similar working conditions and the same amount and quality of work.
Whistleblower Protection
Washington and federal laws make it illegal for businesses to fire or discriminate against employees who participate in public policy-protected behavior. Those who are courageous enough to denounce the wrongdoing of their employers should be protected against any form of retaliation in their occupation.
Occupational Health and Safety
The ‘Washington Industrial Safety and Health Act (WISHA)’ is a state law that requires all companies in Washington with one or more employees to develop and implement a documented accident prevention policy (safety and health plan). Most businesses are required to have safety and health committees.
Paid Family and Medical Leave
The Paid Family and Medical Leave programme (PFML) is a statewide insurance programme run by the Employment Security Department (ESD) that provides qualified employees with paid family and medical leave for 12-16 weeks, depending on the circumstances.
Exit Pay
Employers must settle the accounts and all the pending amounts of the employees who are dismissed, quit, or laid off by the end of the pay month.
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 Washington LLC
To hire employees for your Washington 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’s important to clearly define the roles and responsibilities of the positions you are looking to fill. Take the time to assess the needs of your business and determine the specific skills and qualifications required for each role. By having a clear understanding of what you are looking for in a candidate, you can effectively communicate this information in job postings and during the interview process.
Next, it’s crucial to leverage your network and tap into your existing connections to find potential candidates. Reach out to colleagues, friends, and industry contacts for referrals. Use online networking platforms such as LinkedIn to expand your reach and connect with professionals who may be a good fit for your company. By networking and utilizing referrals, you can reach passive candidates who may not be actively searching for a new job but would be interested in the opportunities your Washington LLC has to offer.
Utilizing job boards and online recruiting platforms can also be effective in attracting a large pool of candidates. Sites such as Indeed, Glassdoor, and ZipRecruiter allow you to post job listings and reach a wide audience of job seekers. Make sure to optimize your job postings with relevant keywords and detailed job descriptions to attract the right candidates to apply.
When reviewing resumes and conducting interviews, it’s important to have a structured and efficient hiring process in place. Create a checklist of key qualifications and attributes you are looking for in a candidate and use this as a guide to evaluate applicants. Schedule interviews promptly and communicate clearly with candidates throughout the hiring process to keep them engaged and informed.
Consider implementing a pre-employment assessment or skills test to better evaluate candidates’ capabilities and fit for the role. These assessments can help you gauge a candidate’s ability to perform job-specific tasks and make more informed hiring decisions.
Lastly, be proactive in your outreach and follow-up with candidates to gauge their interest and availability. Keep the lines of communication open and provide timely updates on the status of their application. By staying engaged with candidates and showing genuine interest in their potential contributions to your team, you can build a positive employer brand and attract top talent to your Washington LLC.
In conclusion, hiring employees quickly for your Washington LLC requires a strategic approach and proactive outreach to attract top talent. By defining roles, leveraging your network, utilizing job boards, streamlining the hiring process, and staying engaged with candidates, you can efficiently fill positions and build a strong team to support the growth of your business.
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 Washington, 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.