Hiring your first employee as a new business owner is both an exciting and frightening experience. Not only do you have a person relying on you to pay them so they can provide for their family while balancing the cash flow needs of your business, but there is also a lot of paperwork and laws to comply with.

Here are 8 steps a business will need to make when hiring their first employee in Tennessee.

Related: Guide to starting a business in Tennessee

Steps To Hiring Your First Employee In Tennessee

Step 1: Register as an Employer

Employers will need to first get a Federal Employer Identification Number (FEIN) – Form SS-4 from the Internal Revenue Service (IRS) in addition to the Employer Registration with the Tennessee Department of Labor & Workforce Development.

Step 2: Employment Eligibility Verification

Each new employee will need to fill out the I-9, Employment Eligibility Verification Form from U.S. Citizenship and Immigration Services. The I-9 Form is used to confirm citizenship and eligibility to work in the U.S.

The employee must complete Section 1 by their first day of work, and the employer will complete Section 2 by the end of the third business day after the employee starts.

Employers don’t submit the I-9 form but are required to keep the form on file for three years after the date of hire or one year after the employee’s termination, whichever is later.

Step 3: Employee Withholding Allowance Certificate

Each employee will provide their employer with a signed Withholding Allowance Certificate (Form W-4) on or before the date of employment. The W-4 Form determines how much federal income tax will be withheld from the employee’s paycheck.

The employer does not typically submit Form W-4 to the IRS but will keep a copy on file.

See IRS’s Publication 15 – Employer Tax Guide for more information on federal withholding.

Step 4: Submit the New Hire Reporting Form

Tennessee employers are required to report newly hired employees (and re-hired employees) to the Tennessee Department of Human Services within 20 calendar days of their hire date.

The Tennessee New Hire Reporting Form can be submitted online, or by mail:
Tennessee New Hire Reporting Program
P.O. Box 438
Norwell, MA 02061

or fax: 877-505-4761

Employee Information that will be needed on the new hire form includes the employee’s name, gender, home address, Social Security Number, date of birth, and the employee’s start date or the first day the employee begins work.

Employer Information includes Federal Employer Identification Number, availability of health insurance, employer’s name, payroll address, and contact phone number.

The new hire information is required through the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). This information is recorded in the State Directory of New Hires and the National Directory of New Hires (NDNH) and is matched against state and federal child support databases to locate parents who owe child support.

Step 5: Set Up Payroll

After hiring employees, payroll taxes will need to be paid. Payroll taxes include:

Federal Income Tax Withholding

Employers withhold money from each employee’s paycheck to pay the employee’s federal income taxes based on the information provided in their W-4. The employer pays no part of the withholding tax but is responsible for collecting and remitting the withheld taxes.

Federal income tax withholding reports are filed using Form W-2, Wage, and Tax Statement with the IRS. Additionally, IRS Form 941 is due quarterly, and IRS Form 940 is filed annually to report any unemployment taxes due.

Social Security & Medicare

Social Security and Medicare taxes are paid under the Federal Insurance Contributions Act (FICA). The employer pays half of FICA, and the other half is paid from the employee’s wages.

Unemployment Insurance

Employers pay state and federal unemployment taxes based on a percentage of each employee’s salary. This tax is known as State Unemployment Taxes (SUTA) and Federal Unemployment Taxes (FUTA).

Step 6: Obtain Workers’ Compensation Insurance

All businesses with employees (even a single part-time employee) are required to carry workers’ compensation insurance coverage to cover medical costs if employees are injured on the job. Worker’s Compensation Insurance is administered through the Tennessee Department of Labor & Workforce Development.

Step 7: Labor Law Posters and Required Notices

Tennessee businesses must display Federal and State of Tennessee labor law posters where they can be easily viewed by employees. These posters inform employees of their rights and employer responsibilities under labor laws, such as federal minimum wage, anti-discrimination laws, and workers’ compensation rights.

Tennessee labor law posters can be individually printed from the Tennessee Department of Labor & Workforce Development’s website.

Step 8: Stay Up-To-Date

It is important to understand the differences between employees and independent contractors. Employers will sometimes improperly classify employees as independent contractors who have different rules on payroll taxes, minimum wage, overtime, and other labor laws. An individual’s status as an employee or an independent contractor may be determined by filing IRS Form SS-8, Determination of Employee Work Status for Purposes of Federal Employment Taxes, and Income Tax Withholding.

The process of hiring your first employee in Tennessee can feel overwhelming, but with a clear understanding of what’s required, you’re setting your business up for success. Be sure to keep up-to-date with the Tennessee Department of Labor & Workforce Development and the U.S. Department of Labor and remember to seek professional advice if needed, as this guide is not exhaustive and does not constitute legal advice.