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How do I hire my first employee?
Reviewed by Editorial Team

Before you post a job, get the paperwork stack ready. Federal EIN, state unemployment insurance registration, state workers compensation policy, and a payroll provider. Gusto, OnPay, and Square Payroll handle filings for $40-$80/month plus a per-employee fee. Write a one-page job description with shift hours, hourly rate, food handler card requirement, and physical demands. Phone-screen first, then do a paid 2-hour stage on the truck during a real lunch. On day one collect Form I-9 (employment eligibility, federal law) and Form W-4 (withholding). File a new-hire report with your state within 20 days. Classify W-2 unless the IRS 20-factor test clearly supports 1099. Most food truck workers fail the contractor test because you control their schedule, location, uniform, and equipment.

Common mistakes
  • Paying cash off the books — when the employee files for unemployment or gets hurt, the state finds you.
  • Skipping workers comp; one slip-and-fall claim is bigger than years of premiums.
  • Mis-classifying employees as 1099 contractors to dodge payroll tax.
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