Austin Business Lawyers
Federal Regulations for Employing Staff
Employer Identification Number
A business must have a taxpayer identification number in order to have employees. The Employer Identification Number (EIN) is assigned to the business by the IRS and used for tax reporting as well as withholding deposits such as income tax, Social Security, Medicare, unemployment, etc. There is both a federal and state EIN.
Anti-Discrimination Laws
State and federal laws also place regulations on hiring and terms of employment. The employer is to compose a set of requirements for the job which is used to compare applicants. By matching set criteria which has been determined beforehand, the process is less likely to be discriminatory and best suited for finding the appropriate candidate, given the applicable standards.
Foreign Workers
Foreign companies may transfer personnel to the United States to work for a related company. The L1-A visa allows managers or executives to be transferred to branches, affiliates, and subsidiaries within the US. The candidate must have worked for the company for 1 year within the 3 years prior to the application, and the company must continue to operate during the entire stay for the alien to remain in L-1A status. There is a seven year maximum stay under this visa.
Under the Immigration and Nationality Act of 1990, employees must present original documents to establish their identity within 3 days after the first date of employment. In addition, they must sign an INS Form 1-9 which states they are eligible to be employed in the US. The employer is responsible for ensuring the validity of the documents.
If you have legal concerns regarding employment, contact the
Austin business lawyers of Slater and Kennon at 512-472-2431 today.
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