Hiring your first employee is a major milestone that transforms a solo operation into an employer with significant legal obligations. This checklist covers every step from pre-hiring setup through onboarding, ensuring compliance with federal, state, and local requirements.
51 steps across 12 sections
1. 1. Obtain an Employer Identification Number (EIN)
- Apply for free at IRS.gov
- Received immediately online
- Required for all employers to report taxes and file returns
- If you already have an EIN for your business, you do not need a new one
2. 2. Register for State Employer Taxes
- State income tax withholding — register with your state's Department of Revenue (unless in a no-income-tax state)
- State unemployment insurance (SUI/SUTA) — register with your state's Department of Labor
- See topic 0172 for detailed state registration guidance
3. 3. Obtain Workers' Compensation Insurance
- Required in almost every state (Texas is the only state where it is fully optional for private employers)
- Must be in place before the employee's first day of work
- See topic 0175 for detailed workers' comp guidance
4. 4. Set Up Payroll
- Choose a payroll method: DIY, software, or full-service provider
- Configure tax withholding tables (federal and state)
- Establish a pay schedule (weekly, biweekly, semi-monthly, or monthly)
- Set up a business bank account for payroll if not already done
- See topic 0174 for detailed payroll setup guidance
5. 5. Post Required Labor Law Posters
- Fair Labor Standards Act (FLSA) — minimum wage
- OSHA — Job Safety and Health poster
- FMLA — Family and Medical Leave Act (50+ employees, but good practice for all)
- EEO — Equal Employment Opportunity (15+ employees)
- EPPA — Employee Polygraph Protection Act
- USERRA — Uniformed Services Employment and Reemployment Rights Act
6. 6. Write a Job Description
- Define the role, responsibilities, and qualifications
- Classify as exempt or non-exempt under FLSA (affects overtime eligibility)
- Determine if the position is employee (W-2) or independent contractor (1099)
- Misclassification carries significant penalties
7. 7. Recruit and Interview
- Post the job listing
- Follow non-discrimination laws during interviews (do not ask about age, race, religion, disability, pregnancy, national origin, marital status)
- AI screening tools: If using AI for resume screening or candidate ranking, comply with local laws (e.g., NYC Local Law 144 requires transparency and annual bias audits)
- Document interview process for compliance records
8. 8. Run Background Checks (If Applicable)
- Obtain written authorization from the applicant
- Comply with the Fair Credit Reporting Act (FCRA)
- Follow "ban the box" laws if applicable in your state/city (restricts when you can ask about criminal history)
- Provide required pre-adverse and adverse action notices if declining based on results
9. 9. Form I-9: Employment Eligibility Verification
- Required for every employee — federal law mandates employers verify identity and work authorization
- Must be completed within 3 business days of the employee's start date
- Employee presents acceptable documents from List A (identity + work authorization) or one from List B (identity) + one from List C (work authorization)
- Employer must physically examine documents (or use authorized virtual verification)
- Retain Form I-9 for 3 years after hire date or 1 year after termination, whichever is later
- E-Verify: Required for federal contractors and in some states; optional elsewhere
10. 10. Form W-4: Employee's Withholding Certificate
- Employee completes to determine federal income tax withholding
- Must be on file before first payroll
- Employee can update at any time
- State W-4 equivalents may also be required
11. 11. State New Hire Reporting
- Report every new hire to your state's New Hire Reporting agency
- Federal deadline: within 20 days of hire date
- Some states require faster reporting (as few as 5 days)
- Report includes: employee name, address, SSN, date of hire; employer name, address, EIN
- Purpose: child support enforcement, fraud prevention
12. 12. Direct Deposit Authorization
- Optional but standard practice
- Employee provides bank account and routing number
- Some states require employers to offer direct deposit; a few states require employee consent
Common Mistakes
- Misclassifying employees as independent contractors
- Not getting workers' comp before hire date
- Skipping I-9 verification
- Missing new hire reporting deadline
- Not posting required labor law posters
Sources
- Hiring Employees -- IRS
- Hiring Your First Employee: 13 Steps -- Nolo
- Legal Requirements for Hiring Employees -- Paychex
- How to Hire Employees: A Checklist -- Square
- 2026 Employment Law Checklist -- LP Legal
- New Employee Forms Checklist 2026 -- Engagedly
- Hiring Your First Employee Legal Checklist -- Spencer Law