Required Forms for New Hires in New York

What are the required forms for new hires in New York? If you are an employer in New York, there are several forms that you should have each of your new hires fill out under New York and federal law. The following post sets forth the required forms for new hires in New York.  If you need help with these, or any additional forms (like wage statement forms, performance improvement plans, offer letters, contracts, severance agreements, personnel manuals, etc.) we can help.  Call or e-mail us.  We have attorneys standing by.

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  1. Form I-9, Eligibility to work in the United States.  This is one of the required forms for new hires in New York.  You must verify that each new employee is legally eligible to work in the United States.  So, have each new employee you hire fill out a Form I-9. Here is a link to Form I-9 and the Employer Instructions: http://www.uscis.gov/sites/default/files/files/form/i-9.pdf
  2. Form W-2.  This is one of the required forms for new hires in New York.  You are required to get each employee's name and Social Security Number (SSN) and to enter them on Form W-2. (This requirement also applies to resident and nonresident alien employees.) You should ask your employee to show you his or her social security card. You may, but are not required to, photocopy the social security card if the employee provides it.  Here is a link to a sample W-2: http://www.irs.gov/pub/irs-pdf/fw2.pdf. To e-file the W-2 and verify the name/SSN of employee via Social Security Administration, please visit: http://www.socialsecurity.gov/employer/
  3. Form W-4, wage Withholding Allowance Certificate.  This is one of the required forms for new hires in New York.  To know how much income tax to withhold from your employee's wages, you should have a Form W-4 on file for each employee. Ask all new employees to give you a signed Form W-4 when they start work. Make the form effective with the first wage payment.  A Form W-4 remains in effect until the employee gives you a new one. Ifan employee claims exemption from income tax withholding, he must give you a new Form W-4 each year. If an employee gives you a Form W-4 that replaces an existing Form W-4, begin withholding no later than the start of the first payroll period ending on, or after the 30th day, from the date you received the replacement Form W-4.  Here is a link to Form W-4:  http://www.irs.gov/pub/irs-pdf/fw4.pdf
  4. Form IT-2104, Employer Allowance Certificate (NYS).  This is one of the required forms for new hires in New York.  This form must be completed to withhold New York State taxes, if working within New York state (depending on the employee’s withholding, IT-2104-1 or IT-2104-E must also be completed).  Here is a link to Form IT-2104: http://www.tax.ny.gov/pdf/current_forms/it/it2104_fill_in.pdf.  If the employee is a nonresident of New York, he needs to complete Form IT-2104-1:  http://www.tax.ny.gov/pdf/current_forms/it/it2104_1_fill_in.pdf.  And if the employee is claiming exemption from withholding for New York State personal income tax, he must complete Form IT-2104-E: http://www.tax.ny.gov/pdf/current_forms/it/it2104e_fill_in.pdf.
  5. IRS Form 940.  You must file IRS Form 940 to report your federal unemployment tax for any year in which you paid wages of $1,500 or more in any quarter or for any year in which an employee worked for you in any 20 or more different weeks of the year.
  6. Report each new hire to state new hire reporting agency.  General Information about new hire reporting: http://www.tax.ny.gov/bus/wt/newhire.htm.  You can either report the new hire online (https://www.nynewhire.com/index.jsp) or mail in Form IT-2104 (online reporting or hard copy mailing info set forth at general info website above).
  7. Forms required by New York Labor Laws.  There are other forms mandated by the New York Department of Labor.  To see which forms are applicable to your business and employees, please visit:  https://labor.ny.gov/formsdocs/wp/LS53.pdf

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