4 Forms for New Hires in New York

New York State and the federal government have specific forms that must be completed and filed in a timely manner upon hiring a new employee.

If you are an employer in New York, understand that failure to comply with these regulations can result in consequences such as penalties, fines, and legal issues. 

To ensure you are following the law, please read on to stay up-to-date with the latest regulations and requirements for the four forms necessary for your new hires in New York state.

1. Form W-4: Employee’s Withholding Allowance (Federal)

A W-4 form includes details about the employee’s filing status, dependents, and other factors that may affect their tax liability.

You will need this information to calculate and withhold the correct amount of federal income tax from your employee’s paycheck. This will help with the accuracy of withholdings, to prevent underpayment and overpayment of taxes.

Failure to obtain a W-4 from new hires or submitting false forms can result in penalties by the IRS.

Access and print the 2023 W-4 form here.

2. Form IT-2104: Employee Allowance Certificate (New York State)

Form IT-2104 is a New York State tax form that you should have your new employee fill out upon hire or whenever there are changes in their personal or financial situation if it affects their tax withholdings.

This form is similar to the W-4 in the sense that it collects information about your employees filing status, dependants, and other factors to help determine the correct amount of New York State income tax to be withheld from each pay check. 

Be sure to submit this form to prevent employees having to pay a large tax bill at the end of the year, along with the potential penalties.

Get your copy of the 2023 Form IT-2104 here.

3. Form I-9: Employment Eligibility Verification

The I-9 Form is mandatory in all states for new hires in order to verify your new employee’s identity, as well as their eligibility to work in the United States.

Your new employee will also have to provide documentation to verify their employment eligibility.

These documents are classified by lists based on the United States Citizenship and Immigration Services (USCIS). Each list can verify the identity and/or eligibility for legal work in the U.S.

Click here to access the I-9 Form, with the list of acceptable documents on Page 3.

4. Form LS54: Notice of Pay Rate for Hourly Employee, Form LS55: Notice of Pay Rate for Multiple Hour Rate Employees, or Form LS59: Notice of Pay Rate and Payday for Exempt Employees

Employment Eligibility Verification

New York State law requires employers to give written notice of wage rates to each new hire based on the Wage Theft Prevention Act (WTPA). These notices must be given in English and your employee’s primary language.

You can either write your own notice, or use Forms LS54/LS55. However, you must include the following:

• Name of employer
• Address & phone number of employer
• Rate(s) of pay, including overtime
• Frequency of pay
• Expected payday
• Allowances taken (tips, meal, and lodging deductions)

You must provide your employee a signed copy of the notice or form and keep the original for 6 years. 

Here is where you can access Form LS54 and Form LS55, and Form LS59.

Why Do These Forms Matter?

By providing the necessary forms to your new hire, you can ensure that they are (and you are) in compliance with the state and federal regulations.

This also enforces that you have accurate information about your new employee, which will help avoid misunderstandings or errors related to payroll and taxes. 

These forms should be an essential part of your onboarding process for any new employee and you should give careful attention to ensure compliance and accuracy. 

If you have any questions about new hire forms, MegaPay has a team of specialists who can help!