Industry Standard Employer-of-Record Services in New York

Want to hire top talent for your business in New York without the hassle of managing payroll, legal compliance, and administrative tasks? You’ve come to the right place. HR Options provides dedicated employer of record services to streamline the hiring process and handle all HR complexities. With in-depth knowledge of the state’s employment laws, we help you stay compliant and reduce legal risks.

Backed by years of experience, we can handle every aspect of the employment process, from talent acquisition to seamless onboarding, so you can focus on growing your business. Our intuitive online platform offers real-time updates and transparent reporting to help you make informed decisions. Contact us today and build a winning team for your business’s success!

Simplify Workforce Management with New York’s Trusted HR Services

Managing the hiring processes and employment logistics can be complex for any business, but the HR Options team makes it easier. Our personalized employer-of-record solutions help businesses of all sizes by handling the entire recruitment process. Whether you’re looking for short-term workers or a long-term team, we can manage every aspect. Our comprehensive HR solutions include:

  • On-boarding
  • Off-boarding
  • Payroll Processing
  • Tax compliance
  • Timesheet collection
  • Handling W-2 and 1099 form processing
  • Employee relations & HR support
  • End-to-end employment process management

Valuable Benefits for Employees in New York

At HR Options, we create competitive benefits packages that help businesses attract and retain top talent in New York. A valuable benefits plan keeps employees engaged, motivated, and loyal. We can collaborate with your business to create a customized package that aligns with your goals and policies to ensure a supportive and rewarding workplace for employees. Depending on your organization’s policies, our benefits packages may include:

  • Life Insurance
  • Medical Insurance
  • Vision Insurance
  • Dental Insurance
  • Long-Term Disability Insurance (LTD)
  • Health Savings Accounts (HSA)
  • Flexible Spending Accounts (FSA)
  • Pension or 401(K) Retirement Plans

Essential Employment Information for New York

Looking for reliable employer-of-record services in New York? Here’s some essential employment information we think you should know:

What Is the Minimum Wage Rate in New York?

The minimum wage is $16.50 per hour in New York City, Nassau County, Suffolk County, and Westchester County, while it is $15.50 per hour in the rest of New York State. The adjustments are part of ongoing efforts to align wages with the cost of living. However, certain industries, such as hospitality and tipped workers, may have different wage structures.

Employees in New York who work between 30 and 40 hours per week are generally considered full-time. According to the Affordable Care Act (ACA), full-time status is 30 or more hours per week. However, there is no legal definition of full-time roles, and employers may set specific working hours based on their organizations. Employees should review their company’s policies regarding full-time status, benefits eligibility, and overtime to avoid misunderstandings.

In New York, part-time employment typically refers to roles where employees work fewer than 30 hours per week. There is no strict legal definition; employers can set criteria based on company policies. While part-time employees do not qualify for benefits like health insurance or retirement plans, some employers offer perks such as flexible schedules or pro-rated benefits to attract and retain staff.

New York follows the federal Fair Labor Standards Act (FLSA), which requires employers to pay 1.5 times the regular hourly rate for any hours worked beyond 40 per week. Some positions may be exempt from overtime, depending on job type or industry. Employees must check their employers’ overtime policies to ensure they receive proper compensation for additional hours worked.

In New York, our onboarding process usually takes 2 business days once we have all the necessary information. For non-U.S. citizens, work eligibility checks may take up to 3 extra days. Our EOR experts aim to make the process quick for all businesses.

New York does not have specific state regulations regarding payroll frequency, but most companies pay twice per month. Typically, employees get paid on the 15th and last day of the month. The second paycheck includes additional bonuses, commissions, and reimbursements, if any.

New York is implementing legislation that mandates certain private-sector employers offer retirement savings plans. Businesses must provide a qualified retirement plan or enroll employees in the New York Secure Choice Savings Program.

This program applies to businesses that:

  • Have 10 or more employees
  • Have been a registered business for at least two years
  • Do not currently offer a qualified savings plan

According to the federal Affordable Care Act (ACA), employers with 50 or more full-time employees must offer qualified health insurance. Many businesses also offer additional health insurance options to ensure employees can access routine care and emergency coverage. As a trusted employer-of-record service provider, we ensure all employees get the same benefits to maintain fair hiring practices.

Clear Details of New Hire
Paperwork Requirements in New York

When hiring employees in New York, employers must collect several important documents to ensure compliance with state and federal regulations. These forms are essential for smooth onboarding and legal compliance. Here are the required documents:

Employment Eligibility Verification (Form I-9)

Employers use this federal form to verify the new hire's identity and eligibility to work in the United States. They must complete it within three days of the new employee’s start date.

Employee’s Withholding Certificates (Form W-4)

Employers must collect these forms to determine the correct amount of federal income tax to withhold from an employee’s paycheck.

IT-2104 New York State Tax Withholding Form

This form is necessary for determining New York state tax withholding. All employees in New York must complete this form upon hire.

Notice of Pay Rate

Under the New York State Wage Protection Act, employers must provide a written notice when hiring that includes the employee’s pay rate, pay schedule, and payment method. This form ensures transparency in compensation.

New Hire Reporting

Employers must report all new hires and rehires to the New York Department of Taxation & Finance within 20 days of the employee's start date. This report should include the employee’s full legal name, date of birth, address, start date, and social security number.

Local Requirements

Follow additional paperwork requirements for new hires in Flagstaff.

Additionally, employers may include some of these supplementary forms during the hiring process:

Direct Deposit Form

If a company offers direct payroll deposits, this form helps employees provide their banking information for seamless payments.

Personal Information Form

This form contains emergency contacts and other necessary personal details of employees.

Job Offer and Description

It provides the employee with a written copy of the job offer and a detailed job description.

Confidentiality and Non-compete Agreements

These agreements are applicable, especially in industries involving sensitive information or intellectual property.

New Hire Reporting

Employers must report all new hires and rehires to the New York Department of Taxation & Finance within 20 days of the employee's start date. This report should include the employee’s full legal name, date of birth, address, start date, and social security number.

Local Requirements

Follow additional paperwork requirements for new hires in Flagstaff.

Employment Taxes in New York

Employment taxes and statutory fees affect New York employees’ overall payroll. Here’s a clear breakdown of known taxes in this state: 

Employer Taxes

Employment Tax Tax Percentage
FICA (Medicare) 1.45%
FICA (Social Security 6.2%
State unemployment insurance tax (SUTA) 0.6% to 7.9%
Federal unemployment insurance tax (FUTA) (charged on the first $7,000 earnings per year of an employee) 6%

Employee Taxes

Tax Type Tax Percentage
FICA (Medicare) 1.45%
FICA (Social Security 6.2%
State income tax 4% to 10.9%
Federal income tax 10% to 37%

Important Leave Laws in New York

Leaves Title Law
Bereavement Leave New York does not have a state law mandating bereavement leave. However, employers may offer paid or unpaid leave based on company policies.
Sick Leave Employers with 0-4 employees (or annual net income ≤ $1M) must provide up to 40 hours of unpaid sick leave. Employers with 0-4 employees (or annual net income > $1M) must provide up to 40 hours of paid sick leave.
Employers with 5-99 employees must provide up to 40 hours of paid sick leave.
Employers with 100+ employees must provide up to 56 hours of paid sick leave.
Blood/Organ/Bone Marrow Donation Leave Employers with 20 or more employees must provide leave for bone marrow, blood, or organ donation.
Election Officials' Leave There is no specific law mandating leave for election officials. However, employers may offer time off for employees to vote in elections.
Court Attendance/Witness Leave All employers must grant leave for an employee attending court as a witness. However, employers can allow employees to use paid time off (PTO) for court-related absences.
Crime Victims' Leave All employers must provide leave for employees attending legal proceedings if they are crime victims.
Domestic/Sexual Violence Victims' Leave Employees affected by domestic violence or sexual assault may take leave under New York’s paid sick leave law. However, if employers have four or fewer employees or their net income is under $1M, they can offer unpaid leave.
Legislative/Political Leave No state law in New York requires employers to grant leave for legislative or political activities. However, employers can provide paid or unpaid leave for such activities based on company policies.
Family and Medical Leave According to the New York Paid Family Leave (PFL) program, eligible employees can take up to 12 weeks of job-protected, paid leave to bond with a child or care for a seriously ill family member.
Family Military Leave Employers with 20 or more employees must provide leave for family military activities.
Jury Duty Leave Under the state law, employers must allow employees to serve on jury duty. They cannot penalize or terminate employees for fulfilling their civic duty.
Military Service/Veterans' Leave All employers must grant leave for military service and ensure reemployment upon return.
School Activities/Visitation Leave New York has no law mandating leave for school activities or visitation. However, employers may offer this benefit according to their policies.
Volunteer Emergency Responder Leave All employers must allow leave for volunteer emergency responders.
Voting Leave New York law requires all employers to grant up to two hours to employees to vote in elections.

Comprehensive Employment Termination Details

Probation Period

In New York, no state law requires a probation period for new employees. However, many employers implement probationary periods to assess an employee’s performance and suitability. These periods typically range from 3 to 6 months, depending on the company's policies.

Termination Process

New York follows the "at-will" employment rule, meaning either employee or employer can terminate the employment with or without cause. However, employers must ensure that terminations are not discriminatory or retaliatory, as the law protects employees from unjustified termination. Our EOR service professionals at HR Options can assist you in managing the termination process to reduce the risk of legal disputes.

Notice Period

Employers or employees are not legally required to give notice before ending employment unless specified in a contract. However, it is common practice for employees to offer a two-week notice period when resigning.

Severance and Final Pay

In New York, severance pay is not a law unless mentioned in an employment contract or company policy. However, employers must pay any unused vacation or paid time off (PTO) as outlined in the employee’s contract or company policy.

New Hire Reporting

Employers must report all new hires and rehires to the New York Department of Taxation & Finance within 20 days of the employee's start date. This report should include the employee’s full legal name, date of birth, address, start date, and social security number.

Local Requirements

Follow additional paperwork requirements for new hires in Flagstaff.

Which Laws Apply to Your Organization?

In the United States, each state has its own laws governing the relationship between employers and employees. Businesses must comply with these regulations to ensure security and avoid penalties. At HR Options, our EOR specialists help you navigate and adhere to state and federal employment laws that apply to your organization. Here are some of the key regulations that may affect your business in New York:

Law Applies To Description
New York State Human Rights Law (NYSHRL) Employers with 1+ employees This law prohibits discrimination based on race, color, religion, national origin, disability, age, and other characteristics.
Equal Pay Act All employers Mandates equal pay for men and women performing similar work. However, exceptions are allowed for seniority or merit systems.
Pay Transparency Law Employers with 4+ employees Requires employers to disclose salary ranges in job postings to promote pay equity.
Minimum Wage Law All employers Sets minimum wage at $16.50 per hour in New York City, Westchester County, and Long Island; $15.50 per hour in the rest of the state.
Overtime Pay Law All employers Requires overtime pay for nonexempt employees who work over 40 hours per week or more than 8 hours in one day.
Paid Family Leave Employers with 1+ employees Offers up to 12 weeks of paid leave to care for a seriously ill family member at 67% of regular pay.
Pregnancy Disability Leave Employers with 1+ employees It allows up to 4 weeks of leave before and 6-8 weeks after childbirth, depending on the delivery method.
Wage Theft Prevention Act All employers Protects workers from wage theft by ensuring timely and accurate payment of wages.
Drug Testing Law All employers Allows workplace drug testing under certain conditions.
Workers' Compensation Law Employers with 1+ employees Provides compensation for employees who suffer work-related injuries or illnesses.
Meal Breaks Law Employers with non-exempt employees Requires employers to provide an unpaid 30-minute meal break for shifts longer than 6 hours. Meanwhile, factory workers can get a 60-minute break for a noontime meal.
Jury Duty Leave Law All employers This law states employers should provide unpaid leave for jury duty without retaliation.
Right to Organize Employers with a unionized workforce According to this law, employees can organize and join a union, collectively bargain, and participate in labor actions without retaliation.
Occupational Safety and Health Act (OSHA) All employers Requires employers to maintain a safe workplace by eliminating health hazards and ensuring employee safety, with strict state-level regulations in New York.
Family Medical Leave Act (FMLA) Employers with 50+ employees Under the FMLA, employees with serious illness or family issues can get up to 12 weeks of unpaid leave with job protection.
Clean Indoor Air Act All employers It prohibits smoking in enclosed public spaces and workplaces to promote a clean and safe environment.
Crime Victim Leave Law All employers Provides unpaid leave for employees who are victims of crime to attend legal proceedings.
Voting Leave Law All employers Employers must allow employees to take up to two hours off work to vote in elections.
New York Sick Leave Law (Accrual) Employers with 5+ employees Accrues sick leave at 1 hour per 30 hours worked, with up to 56 hours for each calendar year.

Want to Streamline Your Hiring Process?

Contact our HR specialists for the most reliable employer-of-record services and HR solutions to hire top talent and grow your business.

Book Free Consultation
Share This