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- @142 CHAP 01
-
- ┌────────────────────────────────────┐
- │EMPLOYEES -- TO HIRE OR NOT TO HIRE?│
- └────────────────────────────────────┘
-
- In certain kinds of small businesses, you may be able to
- operate in the initial stages (and perhaps even after) with-
- out any employees, either doing all the necessary functions
- yourself (or with the help of family members), or by con-
- tracting out certain types of work to independent outside
- contractors. As long as you can get along without having
- any employees, you will probably find your life is much sim-
- pler. Once you hire your first employee, you will quickly
- learn that you have a great many responsibilities (legally
- and otherwise), over and above the need to meet a payroll
- every week or two.
-
- Having employees imposes a host of new legal responsibili-
- ties upon you, including:
-
- . income and social security tax withholding;
-
- . workers' compensation insurance requirements;
-
- . payment of unemployment and social security taxes;
-
- . OSHA safety rules and recordkeeping;
-
- . ERISA employee benefit rules, including a vast array
-
- of reporting and disclosure requirements;
-
- . fair employment (non-discrimination) laws;
-
- . immigration law requirements when hiring;
-
- . minimum wage and hour requirements;
-
- . family and medical leave requirements;
-
- . "COBRA" requirements of allowing former employees
- to maintain their medical insurance coverage for a
- period of time after they leave your employment;
-
- . labor relations laws; and
-
- . numerous other requirements.
-
- (See other parts of this software program for information on
- all of the above requirements.)
-
- While politicians constantly talk about being in favor of
- "...jobs, jobs, jobs...," in practice they continue to heap
- more and more responsibilities, taxes and mandates onto the
- backs of employers. In fact, nearly all the incentives in
- the law and the tax code are weighted heavily AGAINST hir-
- ing any employees. And since many regulatory requirements
- come into play only when you have a certain number (usually
- 5, 10, 15, 20 or 50) employees, this writer knows certain
- small business owners who are presently going to extreme
- lengths to freeze the growth of their business and "cap"
- their employment rosters at 14, or 19, or 49 employees, in
- order to avoid massive legal fees and other costs of having
- to comply with yet another set of federal or state laws and
- regulations that would apply if they should hire one more
- employee.
-
- In the case of one small business owned by friends of this
- writer, they have actually turned down profitable contracts
- because they would have been forced to hire one or more em-
- ployees to handle the increased workload, with added compli-
- ance costs and headaches that were deemed to outweigh the
- additional profits that could have been earned by taking on
- the additional business.
-
- In short, the legal, tax and regulatory system is telling
- employers, in very clear terms, NOT to hire people, despite
- the fact that politicians of every stripe endlessly proclaim
- their love for more jobs, Mom and apple pie.
-
- What does this mean to you as a potential employer? It does
- not mean that you should not hire people. Good employees
- can be worth their weight in gold, and in many cases you
- won't be able to make an adequate living from your business
- without hiring employees. And the government even provides
- a few tax credits for hiring in a few instances. But do be
- aware that your life is going to be much, much more compli-
- cated once you take on your first employee.
-
- Count the cost.
-
-