KENNESAW STATE UNIVERSITY
University of Georgia Small Business Development Center
THE BASICS of HIRING EMPLOYEES
Making the decision to hire employees is a significant step for any business. As an employer, you must
consider any critical issues to ensure compliance with employment rules and regulations. The following are some of
the key issues to consider when hiring employees.
Apply for an Employer Identification Number (EIN)
Employer Identification Numbers, also known as tax ID numbers, are used to report withholding taxes and should be
applied for 6-8 weeks prior to hiring. You should apply for an EIN (SS-4) if hiring employees, incorporating or operating
a partnership, administering a Keogh plan, filing excise, alcohol, tobacco & firearms returns, or opening a bank
account in the name of the business. The SS-4 application is available at the following link:
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For detailed instructions on filing the SS-4, visit the IRS website at:
www.irs.gov/pub/irs-pdf/fss4.pdf
Verify Employee Eligibility and Obtain Employee Forms
As an employer, you are responsible for verifying the legal employment eligibility of each new hire. The Federal
Immigration Reform and Control Act of 1986 obligates employers to have new employees complete the Form I-9,
Employment Eligibility Verification. Additionally, employees must also complete the Form W-4, Employee's Withholding
Allowance Certificate. These forms must be retained as part of the employer's records.
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For additional information and online forms, visit the IRS website at:
www.irs.gov/businesses/small/
Recognize the Difference Between Employees and Independent Contractors
When a business hire employees, the business must generally withhold federal and state income taxes, pay federal
and state unemployment and withhold, as well as pay, Social Security and Medicare taxes on each employee. In
contrast, if a worker is classified as an independent contractor, these responsibilities are eliminated or are shifted to
the worker.
Properly classifying a worker as an employee or independent contractor is an extremely important decision. Many
businesses assume they can reduce their expense and paperwork burden by arbitrarily "classifying" their workers as
independent contractors. However, proper classification is based on IRS guidelines, not on employer preferences.
The Internal Revenue Service has very strict guidelines as to who can be classified as independent contractors. The 20
classification factors relate to various aspects of the relationship between the business and the worker, specific
responsibilities of the worker and the way the worker conducts his assignments. These 20 factors are listed in detail in
the Employers Supplemental Tax Guide, IRS publication 15-A. The publication also gives various examples of types of
employer-employee/independent contractor relationships.
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www.irs.gov/pub/irs-pdf/p15a.pdf
Misclassification of a worker may result in significant financial liabilities. The penalties for failing to make
required employee related payments and withholdings can be as much as 100% of the tax not withheld or paid.
If you are in doubt as to whether a worker is an employee or independent contractor, discuss the issue with
your CPA. Additionally, the IRS can make the distinction for you if you file Form SS-8, Determination of Worker Status for
Purposes of Federal Employment Taxes and Income Tax Withholding.
Funded in part through a cooperative agreement with the U.S. Small Business Administration and the University of Georgia.
Reasonable arrangements for persons with disabilities will be made if requested at least two weeks in advance. Contact Drew Tonsmeire, Director,
UGA SBDC at KSU, Kennesaw State University, 3333 Busbee Dr. NW STE #500, Kennesaw, GA 30144 or (470)578-6450
KENNESAW STATE UNIVERSITY
University of Georgia Small Business Development Center
THE BASICS of HIRING EMPLOYEES
Understand your Payroll Responsibilities
When you hire employees, you have various responsibilities relating to employee payroll expenses. Therefore,
you must be knowledgeable in the areas of federal and state income tax withholding requirements, as well as Social
Security/Medicare withholding. Furthermore, as an employer, you are responsible for paying your portion of Social
Security and Medicare taxes, Federal Unemployment Taxes (FUTA), as well as State Unemployment Taxes (SUTA).
Employers must also comply with quarterly reporting requirements, as well as the requirements regarding the
frequency of payroll tax deposits.
Federal and State Income Tax Withholding
The employer typically withholds federal and state income taxes from each employee's wages. An employer must
follow Federal and State guidelines regarding the amount which is to be withheld from each employee's pay.
The IRS publication 15 (Circular E), Employer's Tax Guide, discusses important information for employers and includes
tables for calculating federal wage withholding and advance earned income credit payments, as well as information
concerning benefits and tips. Employers are responsible for complying with all rules set forth in this publication and
withholding the full amount in income taxes from each employee's paycheck.
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For information on Georgia state income tax withholding, visit the Georgia Department of Revenue website:
www.irs.gov/pub/irs-pdf/p15.pdf
https://etax.dor.ga.gov/
Social Security and Medicare
In order to comply with the Federal Insurance Contributions Act (FICA), an employer must withhold the employee's
portion of Social Security and Medicare taxes. The employee's tax rate for Social Security is 6.2% and is subject to
wage base limits announced annually by the IRS. The employee's tax rate for Medicare is 1.45% and is not subject to
wage base limits. The employer must also match the amount withheld from the employee's pay as there is an
additional 6.2% required for Social Security and 1.45% required for Medicare. IRS Publication 15 (Circular E) contains
information regarding Social Security and Medicare tax requirements.
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www.irs.gov/pub/irs-pdf/p15.pdf
Employers are required to file a W-2 form with the Social Security Administration for each employee and furnish a
W-2 to each employee in order to report wages earned. For more information, review Instructions for
W-2 and W-3 published by the IRS.

www.irs.gov/pub/irs-pdf/iw2w3.pdf
Federal and State Unemployment Insurance
Employers must comply with the Federal Unemployment Tax Act (FUTA). According to FUTA, employers are responsible
for paying taxes to compensate workers who have recently lost their jobs. FUTA taxes are to be paid by the employer
and are not to be withheld from an employee's wages. FUTA is paid and deposited separately from withholding and
FICA taxes.
Unemployment insurance must also be paid to the state of Georgia. Information on state unemployment
Insurance can be found on the Georgia Department of Labor website:
 www.dol.state.ga.us/
Funded in part through a cooperative agreement with the U.S. Small Business Administration and the University of Georgia.
Reasonable arrangements for persons with disabilities will be made if requested at least two weeks in advance. Contact Drew Tonsmeire, Director,
UGA SBDC at KSU, Kennesaw State University, 3333 Busbee Dr. NW STE #500, Kennesaw, GA 30144 or (470)578-6450
KENNESAW STATE UNIVERSITY
University of Georgia Small Business Development Center
THE BASICS of HIRING EMPLOYEES
As an employer, it is critical that you adhere to all requirements and deadlines regarding withholdings,
payments and reporting. Taxes should be withheld and paid on time. Failure to make deposits and payments on time
will result in penalties and interest charges that increase your expenses. It is recommended that you utilize the
professional guidance of an accountant for tax questions, as well as to assure compliance with all tax-related matters.
If you would like assistance on processing payroll, options include working with your accountant or payroll service.
Alternatively, some accounting software programs have a payroll support subscription service.
Research and Comply with Applicable Employment Laws
Various regulations and laws exist pertaining to employees. If you plan to hire individuals to work for you, some
understanding of the rules that apply to your business are necessary. Federal laws, depending on your sales volume
and number of employees, may supersede state laws. Consult with the state and federal Departments of Labor to
learn more. If you are unsure of your obligations, an attorney's guidance can be useful in assisting you to meet legal
requirements.
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Visit the U.S. Department of Labor website for small business resources:
http://www.dol.gov/oasam/programs/osdbu/sbrefa/
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For information on state regulations, visit the Georgia Department of Labor website:
www.dol.state.ga.us
Understand Workers' Compensation Insurance
Workers' compensation insurance is to be paid solely by the employer and should not be deducted from employee
wages. Most employers with three or more employees are legally obligated to provide workers' compensation
insurance coverage for their employees. There are exceptions to the three or more employee rule. Some industries
require workers' compensation insurance with the first hire. Therefore, all employers, regardless of the number of
employees, should contact the Georgia Workers' Compensation Commission.
Workers' compensation insurance is purchased by the employer from an insurance provider. Employers must also
comply with workplace posting requirements and must comply with procedural and documentation requirements in
the event of an accident in the workplace.
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For additional information, visit the Georgia Workers' Compensation Commission:
http://sbwc.georgia.gov/portal/site/SBWC/
Remember to Keep Adequate Employee Records
Just as you should keep good records for all operational aspects of your business, it is important to practice good
recordkeeping tactics with your employees. The Internal Revenue Service recommends employers keep employee
records for at least four years. However, some records may be retained indefinitely. For detailed information
concerning what records to keep, employment tax records, etc., visit the IRS website.

http://www.irs.gov/businesses/small/article/0,,id=98575,00.html
Funded in part through a cooperative agreement with the U.S. Small Business Administration and the University of Georgia.
Reasonable arrangements for persons with disabilities will be made if requested at least two weeks in advance. Contact Drew Tonsmeire, Director,
UGA SBDC at KSU, Kennesaw State University, 3333 Busbee Dr. NW STE #500, Kennesaw, GA 30144 or (470)578-6450
KENNESAW STATE UNIVERSITY
University of Georgia Small Business Development Center
THE BASICS of HIRING EMPLOYEES
Consider Optional Employee Benefits
Many business owners find it challenging to attract and retain qualified employees. Therefore, as an
employer, you many need to consider offering employee benefits. While not required, offering optional benefits such
as healthcare and/or retirement accounts, may improve your ability to attract and retain employees. The cost to the
employer of offering such benefits can vary. In some cases, an employer may offer options to employees at little or
no cost to the employer, where premiums, or contributions, are the responsibility of the employee. Employee
participation in such benefits would be optional. In other cases, the employer may choose to share in some of the
cost of premiums or contributions as an added benefit to the employee.
When deciding whether or not to offer optional benefits to employees, it is important to learn about the
benefits offered by other employers in your industry to understand what is typical and competitive in the labor
market. Contacting vendors (healthcare, retirement, etc.) to discuss options for small employers will allow you to
make the best choice for your business and your budget.
Funded in part through a cooperative agreement with the U.S. Small Business Administration and the University of Georgia.
Reasonable arrangements for persons with disabilities will be made if requested at least two weeks in advance. Contact Drew Tonsmeire, Director,
UGA SBDC at KSU, Kennesaw State University, 3333 Busbee Dr. NW STE #500, Kennesaw, GA 30144 or (470)578-6450