Guide to Hiring Your First Employee: Compliance Obligations Uncovered

Learn the compliance obligations you must meet when hiring your first employee. Ensure a smooth and lawful hiring process with our comprehensive guide. ๐Ÿ‡บ๐Ÿ‡ธ United States Version

Published on: 17 July 2024 by Chetan MittalChetan Mittal

Last modified on: 19 July 2024

Categories: Consulting And Compliance

๐Ÿ‘‰ Versions:  us za in ca uk ๐Ÿ‘ˆ

Guide to Hiring Your First Employee: Compliance Obligations Uncovered - RiaFin Planning Network (RFPN)

Hiring your first employee as a Financial Planner or Fiduciary Financial Advisor is a significant milestone for your firm.

However, it comes with various compliance obligations that you need to understand and fulfill to avoid legal pitfalls.

This guide will walk you through the key compliance requirements to ensure a smooth and lawful hiring process.

Understand Employment Laws

Federal and State Laws

Familiarize yourself with federal and state employment laws.

These regulations cover minimum wage, overtime pay, worker classification, anti-discrimination policies, and more.

The Fair Labor Standards Act (FLSA) and the Equal Employment Opportunity Commission (EEOC) are essential starting points.

Financial Sector-Specific Regulations

Understand industry-specific regulations that apply to financial planners, including those from the Financial Industry Regulatory Authority (FINRA) and the Securities and Exchange Commission (SEC).

Ensure your firm adheres to compliance standards set by these regulatory bodies.

Worker Classification

Correctly classify your worker as either an employee or an independent contractor.

Misclassification can lead to penalties and back taxes.

The IRS provides guidelines to help determine the appropriate classification.

Obtain an Employer Identification Number (EIN)

Register for an EIN

Before hiring an employee, you need to obtain an Employer Identification Number (EIN) from the IRS.

This unique number is used for tax reporting purposes.

You can apply for an EIN online through the IRS website.

Set Up Payroll System

Payroll Taxes

Set up a payroll system to manage employee wages, taxes, and deductions.

You are responsible for withholding federal and state income taxes, Social Security, and Medicare taxes from your employee's paycheck.

Payroll Schedule

Establish a payroll schedule that complies with state regulations.

Ensure timely and accurate payment of wages to your employee.

Professional Payroll Services

Consider using professional payroll services tailored for financial firms to ensure accuracy and compliance.

Employee Forms and Documentation

Form W-4

Have your employee complete a Form W-4 to determine the amount of federal income tax to withhold from their paycheck.

Form I-9

Complete Form I-9 to verify the employee's eligibility to work in the United States.

Keep this form on file for each employee and be prepared for potential audits.

Employment Agreement

Draft a comprehensive employment agreement that includes specific clauses related to confidentiality, non-compete, and compliance with FINRA and SEC regulations.

Register for State Unemployment Insurance (SUI)

SUI Registration

Register for State Unemployment Insurance (SUI) with your state's labor department.

You will need to pay unemployment taxes based on your employee's wages.

State-Specific Requirements

Check for any state-specific requirements regarding unemployment insurance and ensure compliance with all applicable regulations.

Workers' Compensation Insurance

Obtain Coverage

Obtain workers' compensation insurance to cover medical expenses and lost wages if your employee gets injured on the job.

This insurance is mandatory in most states.

Compliance

Ensure your coverage meets state requirements and maintain proof of insurance to avoid penalties.

Post Required Notices

Labor Law Posters

Display required labor law posters in a visible location within your workplace.

These posters inform employees of their rights and protections under federal and state laws.

Regular Updates

Keep these posters up-to-date with the latest regulations to remain compliant.

Develop Employee Handbook

Company Policies

Create an employee handbook outlining company policies, procedures, and expectations.

Include sections on workplace conduct, anti-discrimination, and harassment policies.

Compliance Policies

Incorporate compliance-related policies such as leave entitlements, health and safety guidelines, and reporting procedures for workplace issues.

Financial Planning-Specific Policies

Develop policies specific to the financial planning sector, such as ethics guidelines, continuing education requirements, and client confidentiality rules.

Report New Hires

State Reporting

Report your new hire to the stateโ€™s new hire reporting agency.

This information is used for child support enforcement and other legal purposes.

Federal Requirements

Ensure compliance with any additional federal reporting requirements for new hires.

Provide Mandatory Benefits

Health Insurance

Depending on the size of your firm, you may be required to offer health insurance to your employees under the Affordable Care Act (ACA).

Retirement Plans

Consider offering retirement plans, such as a 401(k), to attract and retain top talent.

Ensure that your plans comply with the Employee Retirement Income Security Act (ERISA).

Stay Updated on Compliance Changes

Continuous Education

Stay informed about changes in employment laws and compliance requirements.

Regularly review legal resources and consult with HR professionals or legal advisors.

Training

Provide ongoing training for yourself and your management team on compliance-related topics to ensure your firm remains up-to-date with current regulations.

Financial Planning-Specific Training

Ensure your staff receive training specific to financial planning, including updates on FINRA and SEC regulations, investment advice standards, and ethical practices.

Get Started Today

Ready to hire your first employee and ensure compliance with all regulations?

Contact us today to learn how we can help you navigate the complexities of hiring and compliance.

Whether you need assistance with payroll setup, employee documentation, or compliance training, weโ€™re here to help you succeed.

See our membership pricing plan.

Letโ€™s build a compliant and successful team that drives your firmโ€™s growth!

Tags:  Hiring First Employee   Talent Aquisition   Virtual Employee  

Written by: Chetan Mittal

Chetan Mittal

Chetan Mittal is a seasoned online business professional with 21+ years of professional experience in software development and consulting, now focusing on solving problems for financial planners. With an MBA and MTech, he blends tech expertise with financial knowledge to innovate in this niche.
All Posts by Chetan Mittal | Website | Linkedin | X (Twitter)