Is the person an employee?
Check first. If you control how, when and where the work is done, the person is likely an employee, whatever you call them. See independent contractor or employee.
What do you need before the first day?
An EIN
Required for payroll, even for a single-member LLC. See does a single-member LLC need an EIN.
State tax registrations
State income tax withholding, where applicable, and state unemployment insurance.
Workers' compensation insurance
Required by most states for employers, sometimes from the first employee.
A payroll system
Software or a provider, and an EFTPS enrollment for federal deposits. See how to run payroll.
See state unemployment tax registration and how employee benefits are taxed.
Which forms does the employee complete?
| Form | Purpose | Timing |
|---|---|---|
| Form W-4 | Federal income tax withholding | By the first payroll |
| State withholding form | State income tax withholding, where the state uses its own | By the first payroll |
| Form I-9 | Verifies identity and eligibility to work in the US | Employee section by the first day; employer section within 3 business days |
| Direct deposit and personal details | Paying the employee | Before the first payroll |
Keep Forms I-9 separately from personnel files, for as long as the rules require after employment ends.
What is new hire reporting?
Employers must report each new employee to their state's new hire registry, generally within 20 days of hiring, and some states set shorter deadlines. States use the information for child support enforcement and to check unemployment claims.
What else applies to employers?
- Federal and state labor law posters displayed where employees can see them, or provided electronically for remote staff where allowed.
- Minimum wage and overtime rules, federal and state.
- Pay frequency and final pay rules set by the state.
- Payroll taxes. See payroll taxes explained.
Hiring a relative has its own rules. See hiring family members.
What if the employee works in another state?
You generally register and withhold in the state where the employee works, which can create an income tax or sales tax presence there too. See physical vs economic nexus.
See remote employees in another state.
Hiring your first employee?
We handle the registrations, onboarding forms and payroll set-up, and run your payroll from the first pay day.
Questions people ask
What do I need to hire my first employee?
An EIN, state withholding and unemployment registrations, workers' compensation insurance, and a payroll system.
Which forms does a new employee fill out?
Form W-4, any state withholding form, and Form I-9 to verify eligibility to work.
When is Form I-9 due?
The employee completes their section by the first day of work, and the employer completes theirs within 3 business days.
What is new hire reporting?
Reporting each new employee to the state's new hire registry, generally within 20 days of hiring.
Sources
Every fee, date and rule on this page was taken from these official and primary sources.
- IRS Publication 15 (Circular E): Employer's Tax Guide
- IRS: Form W-4, Employee's Withholding Certificate
- USCIS: Form I-9, Employment Eligibility Verification
- US Department of Health and Human Services: new hire reporting for employers
Rules and fees change. If you are reading this long after September 30, 2026, confirm the figures with the source before you rely on them.
Related guides
More in Payroll and contractors
This guide is general information. It is not tax or legal advice for your situation.