What documents must New York employers give a new employee?

This is a question many employers ask and in New York it can be tricky.  Here is an easy guide as to what documents New York employers must give their employees.

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

 

If you have any questions, you should contact Douglas Lipsky who specializes in employment law in New York and New Jersey.