As we are only a few days into 2021, some of our organizations will be hiring new employees for continued operation and the upcoming seasonal summer months.  New hires require new and legally updated paperwork.  State and federal forms get updated and posted on government websites for all of us to use, in either an electronic or downloadable PDF form.  These forms are not always updated at the beginning or end of the year.  Ensure you have the most current forms. 

Below are the new hire forms needed in New York State:

  1. Form I-9, Eligibility to work in the United States: This form is required in every state for new hires.  Organizations must verify that new employees are legally eligible to work in the United States.  Ensure the form is filled out correctly and signed by the right person in the organization, audits are a great option for an organization to review old I-9 forms.  This form expires 10/31/2022.  We could see changes in 2021.
  2. Form W-4, wage Withholding Allowance Certificate: This form is necessary for federal withholdings.  All employees should complete and sign a Form W-4 prior to starting work.  The 2021 form is now available through the link or an internet search.
  3. Form IT-2104, Employer Allowance Certificate (NYS):This is the New York State withholding form required for all new employees or any revised withholding information. Additional NYS Forms
  4. Pennsylvania Employer Withholding Forms
  5. Wage Prevention Fact Sheet: Organizations are required to provide wage notification forms to all employees, if they do not carve out specific language in the employees offer letter.  See fact sheet and frequently asked question links below to understand specific requirements on offer letters.  The forms vary by hourly, salary and salaried nonexempt.  The link above provides a definition on which form to use based on the classification of the employee.  Reminder, these forms were last updated in early 2017.

Wage Prevention Frequently Asked Questions

Notice of Pay for Hourly Employees

Notice for Exempt Employees

Notice for Employees Paid a Weekly Rate or a Salary for a Fix Number of Hours (40 of Fewer in a Week)

6. 2019 W-9 Form: (Revised October 2018) these forms are utilized for consultants and others that might be working within your organization.  This form was updated in October 2018.  Ensure you have an updated form from any consultants or others that are issued a 1099. No current changes. Additional Information

7. FMLA Forms: “The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:

  • For the birth and care of the newborn child of an employee;
  • For placement with the employee of a child for adoption or foster care;
  • To care for an immediate family member (i.e., spouse, child, or parent) with a serious health condition; or
  • To take medical leave when the employee is unable to work because of a serious health condition.

Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.” (DOL Website)

a. WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)

b. WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)

c. WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)

d. WH-382 Designation Notice (PDF)

e. WH-384 Certification of Qualifying Exigency For Military Family Leave (PDF)

f. WH-385 Certification for Serious Injury or Illness of Covered Servicemember — for Military Family Leave (PDF)

g. WH-385-V Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave (PDF)

Remember to watch for the FFCRA posting and additional changes to this law as well.

2021 IRS Mileage Rate:

Standard Mileage Rate Website (Additional Information)

Beginning on January 1, 2021, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:

  • 56 cents per mile driven for business use, down 1.5 cents from the rate for 2020,
  • 16 cents per mile driven for medical, or moving purposes for qualified active duty members of the Armed Forces, down 1 cent from the rate for 2020, and
  • 14 cents per mile driven in service of charitable organizations, the rate is set by statute and remains unchanged from 2020.

NY State Posting Requirements (NYC has variations):

Notice to Employees (IA 133)  

Complete this form if you would like to order the Unemployment Insurance Notice to Employees (IA 133) poster. The poster is available in various languages. You are required to display this poster.

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