How to hire your first employee: checklist and costs
Hiring your first employee means getting an EIN, registering with your state, buying workers' comp where required, collecting a W-4 and I-9, reporting the hire within 20 days and starting payroll. On a $50,000 salary in Texas, employer payroll taxes add $4,110 a year, based on IRS, SSA and Texas Workforce Commission rates (checked October 16, 2026).
Add payroll software and the total is $54,770 before workers' comp and benefits. Below are the 10 steps in order, the state rules that change the cost, and when a PEO makes more sense than payroll software.
Hiring an employee in the US means taking on a W-2 worker whose income tax and FICA you withhold, whose employer taxes you pay, and whom you register with your state for unemployment insurance and new hire reporting.
On this page
First: employee, contractor or EOR hire?
How you hire decides which paperwork and taxes apply.
- W-2 employee: you control how and when the work is done, and you withhold and pay payroll taxes. Everything below applies.
- 1099 contractor: runs their own business, sets their own methods and invoices you. No withholding; you file Form 1099-NEC if you pay them $2,000 or more for 2026 work (the threshold rose from $600). The IRS weighs behavioral control, financial control and the type of relationship. California, Massachusetts and Illinois (for unemployment) use a stricter ABC test that presumes the worker is an employee. Several states, including Florida, Oregon, Virginia, Ohio, Massachusetts, New Hampshire and Illinois, also want contractors reported. See W-2 vs 1099 rules and paying contractors.
- Someone outside the US: you cannot run US payroll for them. An employer of record hires them in their country for a monthly fee, $399 to $699 per employee on published list prices (checked October 16, 2026). See what an employer of record does and EOR pricing.
The Department of Labor proposed a new contractor test in February 2026, but it was not final as of October 16, 2026; the 2024 rule is still in the regulations.
The first-employee checklist
- Get an EIN from the IRS if you do not have one. Every payroll filing uses it.
- Register with your state for unemployment tax (all states) and income tax withholding (all but AK, FL, NV, NH, SD, TN, TX, WA and WY). Add paid leave accounts where the state runs a program, and local tax accounts in places such as Pennsylvania and Ohio. See your state in the payroll tax hub.
- Buy workers’ comp before the start date if your state requires it (thresholds below).
- Set pay and classification. Pay at least the higher of the federal minimum wage ($7.25) and your state or city rate; see 2026 minimum wage by state. To pay a salary with no overtime, the job must pass the duties test and pay at least $684 a week ($35,568 a year) federally, more in some states. See exempt vs non-exempt.
- Write the offer letter with pay rate, schedule, start date and whether the role is exempt or hourly.
- Run a background check if you use one. Checkr reports start at $29.99 each through QuickBooks (checked October 16, 2026). See background check costs.
- Collect new employee paperwork on day one: Form W-4, the state withholding form, Form I-9 with the employee’s identity and work authorization documents, and a direct deposit form. Gusto charges $20 per remote I-9 if the employee is not on site.
- Report the hire to your state within 20 days of the hire date, the federal maximum. Alabama and Maine allow 7 days; Georgia and Vermont 10; Massachusetts, Rhode Island and West Virginia 14; Iowa 15; Mississippi 15 business days.
- Set up payroll and a pay schedule your state allows. See how to set up payroll.
- Decide on benefits (health coverage, retirement) and enroll the employee in any state paid leave program.
What your first employee really costs
Salary is the biggest number but not the only one. Here is a $50,000 employee in Texas and California in 2026, before workers’ comp and benefits:
| Cost | Texas | California |
|---|---|---|
| Salary | $50,000 | $50,000 |
| Social Security, employer 6.2% | $3,100 | $3,100 |
| Medicare, employer 1.45% | $725 | $725 |
| FUTA 0.6% on $7,000 | $42 | $42 |
| State unemployment (new employer rate) | $243 (2.70% on $9,000) | $238 (3.4% on $7,000) |
| California ETT 0.1% on $7,000 | $7 | |
| Payroll software (Gusto Simple, 1 person: $49 + $6 a month) | $660 | $660 |
| Total before workers’ comp and benefits | $54,770 | $54,772 |
Rates: IRS Topics 751 and 759, SSA, Texas Workforce Commission, California EDD; Gusto pricing page. Checked October 16, 2026. California may owe $105 more FUTA if its 2026 credit reduction is confirmed after November 10, 2026.
Workers’ comp is priced per $100 of payroll and depends on the job’s class code and your state, so an office job and a roofing job can differ by a wide margin. Get a quote before you set the salary; see workers’ comp cost by industry and pay-as-you-go workers’ comp, which bills with each payroll instead of a large upfront deposit.
Benefits are optional for most very small employers but drive hiring. Two low-admin options for a first hire: a QSEHRA, which reimburses individual health premiums up to $6,450 (self-only) or $13,100 (family) in 2026, and a 401(k), where the employee can defer up to $24,500 in 2026. See how a QSEHRA works, small business health insurance and 401(k) plans for small businesses.
Put your own state, salary, workers’ comp rate and benefits into the calculator for a full yearly figure:
State programs that change the cost of one employee
Several state paid leave programs exempt or discount small employers, which matters most when you have one or two people:
| State | Small employer rule | Rate |
|---|---|---|
| Washington | No employer PFML share under 50 employees; you still withhold the employee share | PFML 1.13% total; WA Cares 0.58% employee |
| Oregon | Under 25 employees: no employer share | 1% total; employee 60% |
| Massachusetts | Under 25 employees: no employer share | Employee 0.46% |
| Maine | Under 15 employees: 0.5%, and you may deduct all of it from the employee | 1% at 15+ |
| Delaware | Under 10 Delaware employees: exempt | 0.8% at 25+ |
| Minnesota | Small employers (30 or fewer, average wage up to 150% of state average) pay a reduced employer share | 0.88% standard |
| District of Columbia | Employer pays all of it, any size | 0.75% |
Source: each state program agency, from our states research checked October 16, 2026. Maryland’s program starts January 1, 2027.
Workers’ comp rules differ too:
| State | Required at |
|---|---|
| California, New York, Pennsylvania, New Jersey, Colorado, Kentucky | 1 employee |
| Arizona | Any employee regularly employed in the usual business |
| Florida | 4 employees (1 in construction) |
| Georgia, North Carolina, Michigan, Arkansas, New Mexico | 3 employees (Michigan also 1 full-time for 13 weeks) |
| Alabama, Mississippi, Missouri, Tennessee | 5 employees (Missouri and Tennessee: 1 in construction) |
| Texas | Elective for most private employers (non-subscribers must notify the state) |
| South Dakota | No law requires it |
| Ohio, Washington, North Dakota, Wyoming | State fund only (monopolistic) |
Source: state workers’ compensation agencies and statutes, from our states research checked October 16, 2026.
Hiring a remote employee in another state
A remote hire in another state usually means registering in that state for withholding and unemployment tax, following its pay frequency, minimum wage, paid leave and final pay rules, and buying workers’ comp that covers it. Multi-state payroll is a recurring complaint in Trustpilot reviews of Gusto and Justworks (2025 and 2026): employees who moved states but stayed on old state reports, and wages reported to the wrong state.
Check the plan before you hire: Gusto Simple covers one state (Plus, at $80 + $12 per person, is multi-state), while QuickBooks and Patriot charge $12 a month per extra state. Arizona is an example of how one state adds rules: new hires reported within 20 days, workers’ comp for any regular employee, at least two paydays a month no more than 16 days apart, and a $15.15 minimum wage in 2026 rising to $15.65 in 2027 (secondary source). See Arizona employer rules.
Payroll software or a PEO for your first hire
Payroll software runs pay and taxes; you stay the only employer and buy benefits and workers’ comp yourself. A PEO co-employs your staff and adds group health plans, workers’ comp and HR support for a per-employee fee.
| Option | Monthly price for 1 employee | What you get |
|---|---|---|
| Gusto Simple | $55 ($49 + $6) | Payroll and filings in one state |
| OnPay | $55 ($49 + $6) | Payroll with federal, state and local filings |
| Patriot Full Service | $42 ($37 + $5) | Payroll and filings; $12 per extra state |
| Justworks PEO Basic | $79 per employee | PEO: payroll, 401(k), HR tools, 24/7 support |
| Justworks PEO Plus | $124 per employee | Adds medical, dental and vision plans (premiums extra) |
Source: gusto.com, onpay.com, patriotsoftware.com and justworks.com pricing pages, checked October 16, 2026.
One founder on Hacker News wrote, in a comment more than a year old, that their payroll provider "wouldn’t provide us health plans for our first W-2 hire," so they moved to a PEO. If health insurance is part of the offer, price both. See PEO vs payroll software, best payroll software and payroll for teams of 1 to 10.
Common first-hire mistakes
- Calling a full-time worker a contractor to avoid payroll. The back taxes and penalties cost more than the payroll you skipped.
- Starting before workers’ comp is in place in a state that requires it from the first employee.
- Missing a short new hire deadline, such as 7 days in Alabama and Maine.
- Paying salary without checking the exempt test. Below $684 a week, a salaried employee is owed overtime under federal rules.
- Forgetting the state paid leave account in states like Colorado, Washington or Minnesota.
- Budgeting salary only. Employer taxes alone add 8.22% to a $50,000 salary in Texas or California, before workers’ comp and benefits.
Frequently asked questions
How much does it cost to hire a new employee?
What paperwork does a new employee need?
Do I need workers' comp for one employee?
How do I hire a 1099 independent contractor?
How do I hire an employee in another country?
What do I need before hiring hourly employees?
Sources (16)
- IRS: Independent contractor or employee (checked Oct 16, 2026)
- IRS: Instructions for Forms 1099-MISC and 1099-NEC (checked Oct 16, 2026)
- IRS: Topic 751, Social Security and Medicare (checked Oct 16, 2026)
- IRS: Topic 759, FUTA (checked Oct 16, 2026)
- IRS: 401(k) limit increases to $24,500 for 2026 (IR-2025-111) (checked Oct 16, 2026)
- US Department of Labor: Minimum wage (checked Oct 16, 2026)
- eCFR: 29 CFR 541.600, salary level (checked Oct 16, 2026)
- US Department of Labor: Independent contractor rulemaking (checked Oct 16, 2026)
- HHS Administration for Children and Families: New hire reporting (checked Oct 16, 2026)
- Texas Workforce Commission: Unemployment tax rates (checked Oct 16, 2026)
- California EDD: Rates and withholding (checked Oct 16, 2026)
- Gusto: Gusto pricing page (checked Oct 16, 2026)
- Justworks: Justworks pricing (checked Oct 16, 2026)
- Intuit QuickBooks: QuickBooks Payroll pricing (Checkr add-on) (checked Oct 16, 2026)
- Hacker News: Comment on first W-2 hire and health plans (read Oct 16, 2026)
- Arizona Industrial Commission: Workers' compensation FAQ (checked Oct 16, 2026)
This page is general information, not tax, legal or accounting advice. Rules and rates change, so check the official source linked above before you file or sign a contract. Read our disclaimer.