Introduction to NY New Hire Packet
The New York New Hire Packet file contains all the necessary new hire forms for your employees located in New York. There are two different folders, one with all required federal documents and one with all required state documents. We have also included our interactive New Employee Orientation checklist for your use.
Please note that this file does not cover all forms related to various healthcare or group benefits plans you may have in effect or that are provided by the carrier of such benefits. For this reason, we have included our Group Health Plan Notices Guide for your reference, which provides an overview of required benefit notices for employers and when they are applicable.
You can also request a professional employee handbook.
What does the NY New Hire Packet include?
- A one-page New Employee Onboarding Checklist
- A Group Health Plan Notices Guide
Federal Forms:
- Federal I-9 Form
- Federal W-4 Form
New York Forms:
- NY State Harassment Prevention Policy & Complaint Form
- IT-2104 Withholding Certificate
- New York Employer New Hire Reporting Form – This must be completed within 20 calendar days after the date of hire. It may either be completed electronically here, or by submitting a copy of the employees IT-2104 form in place of or in addition to the federal W-4 form to the New York State Dept of Taxation and Finance (Note this is often completed by payroll, but you’ll want to reach out to your direct payroll representative to confirm whether it is included in your specific package)
- New York Wage Theft Prevention Act Notice: Notice of Pay Rate – Employers must give written notice to (and receive written acknowledgment from) new hires with the following information. Note that there are several different variations of this form depending on their employee’s method of pay:
- rate of pay
- regular payday designated by the employer
- basis of the employee’s pay (e.g. whether the employee is paid by the hour, shift, day, salary, commission, etc.)
- allowances (if any) claimed as part of the minimum wage
- employer’s name (and any d.b.a. names used by the employer)
- physical address of employer’s main office
- employer’s telephone number
Form I-9
Form I-9 is used to verify an employee’s legal eligibility to work in the United States of America. Section one must be completed by the employee on or before the first day of employment. The I-9 can be completed prior to the start date, so long as an employment offer has been extended. Section two must be completed by the employer or their representative within three business days of a new employee’s first day.
The new, “smart” version of Form I-9 prevents users from completing certain sections of the form out of order. It is recommended you complete the sections in order as the form will automatically fill in subsequent sections based on responses in section one.
How Should I-9s Be Stored?
Separately. We recommend that you keep all I-9s in either a separate master file or a three-ring binder. Because I-9 files are subject to unique record retention laws, a separate master file or three-ring binder will help ensure that you retain these forms for as long as necessary and that you can readily discard them after the retention period expires.
For ease of organization, we even recommend removing an employee’s I-9 from the master folder or binder on their termination date and storing it a separate “terminated employee” I-9 file until the appropriate destroy date.
Are We Required to Make Copies of the Documents?
Usually not. Unless you participate in the E-Verify program, you’re not required to photocopy or scan documents for retention, and doing so is voluntary. However, if you wish to make photocopies of documents other than those used for E-Verify, you should do so for all employees, regardless of national origin, citizenship, or work authorization, and you must be consistent with this decision. In addition, these photocopies must be stapled to the I-9 and may not used for any other purpose.
Do All Workers Need to Complete the I-9?
No. Non-employees including volunteers, unpaid interns, and independent contractors should not complete an I-9, as none of these workers (if properly classified) are employees.
Additionally, those hired before November 6, 1986, those hired for casual domestic work in a private home, and those who do not perform work on U.S. soil, do not need to complete an I-9.
Lastly, those providing labor to you, who are actually employed by a contractor providing contract services (e.g., employee leasing or temporary agencies), do not need to complete an I-9 with you; the I-9 should be done with their primary employer.
If an Employee Changes Their Name or Address, Do We Need to Do Another I-9?
Usually not. Except for certain government contractors or in some situations involving use of fraudulent documents, employers do not need to update or complete a new I-9 when an employee changes their legal name or address. An employee is not required to provide documentation to show that they have changed their name for the purpose of the I-9. However, USCIS recommends maintaining correct information on I-9s and taking steps to ensure a name change is legitimate. To update the employee’s original I-9, enter their new legal name in Box A of Section 3, and then sign, date and print your name on the final line.
How Long Should We Store an I-9?
Quite a while. Form I-9s should be retained for the full length of an individual’s employment with you. Then, after employment has ended, they must be stored for 3 years after the date of hire, or 1 year after the date of termination, whichever date is later.
Once an I-9 is past its retention period, you may destroy it. We recommend a secure shredding company to ensure proper disposal and that documents related to an employee’s identity are secure.
Form W-4
The W-4, also know as the Employee’s Withholding Allowance Certificate is the employee’s documentation of telling their employer the correct amount of federal income tax to withhold from their pay. All new employees must fill out the form W-4 as soon as they are hired. It is also recommended that current employees update their form W-4 each year or when any significant life changes that may impact their withholdings is up-to-date.
Most employees will ask questions regarding their form W-4 as well as advise on how to complete. You should be able to answer the general questions but let them know they have to make the decision that is right for them. For most taxpayers, it’s recommended to try to match their withholding tax to their actual tax liability as closely as possible. And if an employee doesn’t fill our their tax forms, taxes should be withheld from their paycheck at the highest tax bracket, single and 0 dependents.
2022 Form W-4
A significant change in the w4 form that came about in 2020 is that it does not have withholding allowances because employees may no longer claim personal exemptions or dependency exemptions. Previously, the value of a withholding allowance was tied to the amount of the personal exemption.
The new form is divided into five steps and employees will provide information for the steps that apply to them (steps 2-4 may not).
Step 1: Enter personal information (including marital status).
Step 2: Account for multiple jobs (employee), or whether the employee’s spouse works. This step is completed if the employee holds more than one job at a time or is married filing jointly and their spouse also works. The correct amount of withholding depends on income earned from all jobs.
Steps 3 and 4: Claim dependents and other adjustments (specifically, other income that is not from jobs, deductions, and extra withholding). Steps 3 – 4 are completed on Form W-4 for only one job, and these steps are left blank for the other jobs. Withholding is most accurate if an employee completes Steps 3 – 4(b) on the Form W-4 for the highest paying job.
Step 5: Employee signature and date.
Notice of Exchanges and Subsidies
Under the Affordable Care Act, employers are required to provide all new hires with a written notice about the ACA’s health insurance exchanges, which are also known as marketplaces. Employers must provide the exchange notice to each employee, regardless of plan enrollment status or of part-time or full-time status. The DOL considers a notice to be provided “at the time of hiring” if the notice was provided within 14 days of an employee’s start date.
CHIP Model Notice
The Children’s Health Insurance Program is for employees who may need assistance providing insurance for their dependent children but do not qualify for Medicaid or similar programs. This government document provides a list of states with their own CHIP or similar programs and contact information for each state agency responsible.
NY New Hire Reporting Form
New Hire Reporting requirements are separate from and not related to E-Verify requirements. New York law requires employers to verify the legal status of all new hires through E-Verify. There are penalties for failure to do so.
NY Payment of Wages
The Payment of Wages Act (Act) establishes a procedure to inform employees of their terms of employment, to include hours of work, wages agreed upon, employee benefits, time and place of payment an itemized statement of gross wages and deduction; and to assure employees are paid according to the terms of their employment. Under the Act, employers are also responsible for certain record-keeping requirements concerning their employees.
Any wage complaint received indicating a possible violation of the Act will be screened by the appropriate chief investigator to determine whether the complaint falls within the jurisdiction of the Act. Many of the complaints received allege a violation by an employer, but do not implicate the Act.
New York payment of wages and child labor laws are administered by the Wages and Child Labor Section in the NY Department of Labor, Licensing and Regulation.
