What does the law in Westchester, Albany, & Suffolk Counties say about requesting salary or wage information from employees and job applicants? Just like the City of New York, these counties have laws that discourage and prohibit employers from seeking information about the salary or wage history of a job applicant, or depending on such salary and wage history as the basis for setting the individual’s salary or wage rate, at any stage of the process of employment.
As we move forward with this series, we have shifted gears to look into “Hiring and Onboarding New Employees” as the next key issue of concern for start-ups and growing businesses and companies. Accordingly, this blog post reviews the filing and reporting requirements that employers should consider during the hiring and onboarding process for new employees.
New York Labor & Employment Law on Filing and Reporting Requirements During New Employee Hiring & Onboarding
Similar to the other issues discussed in previous blogs, employers should be aware of the numerous legal requirements and obligations regarding new hires that are imposed on them by the state of New York, particularly with start-ups and growing businesses.
For starters, employers are required, among other legal obligations, to take proactive measures and steps to ensure compliance with federal law whenever they hire new employees. For instance, pursuant to the U.S. immigration law, employment verification for every employee must be conducted at the time of hire with the aim of providing authorization that an employee is permitted to work in the United States. Maintained by the U.S. Citizenship and Immigration Services (USCIS), the form is officially known as the Employment Eligibility Verification and is used when verifying the legal authorization to work and identify all paid employees in the country as mandated by the Immigration Reform and Control Act of 1986. Notably, we asserted that employers are required to use this form to document that every new employee (whether citizen or noncitizen) hired is identified and has the legal authorization to work in the country.
In addition to this requirement, employers are also required to complete the necessary tax forms for the new hire. This includes reporting any new hires to the New York taxing authority, which can be done online.
Further, the law requires employers to provide and establish unemployment insurance for their employees. For instance, new employers should have an employer registration number, which is provided by the New York State Department of Labor once they establish an account with the agency. Essentially, the law makes sure that unemployment insurance payments are appropriately credited by requiring new employers to register with the NYS Department of Labor.
In Part XXI of the series, we will, in our blog post titled “New Employee Hiring & Onboarding: Letters of Offer and Agreement,” hammer on what employers, particularly new ones, should be cognizant of and consider when drafting and sending letters of offer and agreement to individuals screened and selected for hire.
As usual, stay tuned for more legal guidance, training, and education. In the interim, if there are any questions or comments, please let us know at the Contact Us page!
Always rising above the bar,
Isaac T.,
Legal Writer, Author, & Publisher.