Affidavit Of No Employee Template for United States

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Key Requirements PROMPT example:

Affidavit Of No Employee

"I need an Affidavit of No Employee for my small e-commerce business based in California, to submit to the state workers' compensation board to confirm I operate solely as an individual with no employees for the 2025 tax year."

Document background
The Affidavit of No Employee is commonly required in situations where a business needs to formally declare its status as having no employees for regulatory, insurance, or contractual purposes. This document is particularly relevant in the United States where businesses must comply with various federal and state employment regulations. The affidavit typically includes details about the business structure, operations, and a sworn statement confirming the absence of employees. It may be required for tax purposes, workers' compensation exemptions, or when entering into business contracts. The document must be notarized to be legally valid.
Suggested Sections

1. Header: Title, jurisdiction, and case/matter identification (if applicable)

2. Introduction: Affiant's identification and basis for making the statement

3. Declaration of No Employees: Clear statement that the business has no employees

4. Business Details: Nature of business operations and structure

5. Verification: Statement of truth and acknowledgment of penalties for false statements

6. Signature Block: Affiant signature, date, and notary section

Optional Sections

1. Independent Contractor Statement: Declaration regarding use of independent contractors, if applicable

2. Time Period Specification: Specific time period for which the affidavit applies

3. Additional Verification: Supporting documentation or references

Suggested Schedules

1. Business Registration Documents: Copies of business registration or incorporation documents

2. Tax Returns: Recent tax returns showing no employee wages paid

3. Insurance Certificates: Proof of relevant business insurance without workers' compensation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

Internal Revenue Code (IRC): Federal tax code that governs tax implications and classifications of workers and businesses

Fair Labor Standards Act (FLSA): Federal law establishing standards for worker classification, wages, and employment relationships

Social Security Act: Federal legislation governing social security benefits and related tax obligations for different worker classifications

IRS Independent Contractor Guidelines: IRS-specific guidelines including the 20-factor test for determining worker classification status

State Labor Codes: State-specific regulations governing employment relationships and worker classifications

State Tax Regulations: State-specific tax rules and requirements for businesses with no employees

State Notary Requirements: State-specific rules governing the proper execution and notarization of affidavits

Affidavit Formatting Rules: Legal requirements for proper formatting and content of affidavits under state law

Perjury Laws: State and federal laws governing false statements under oath, including penalties and consequences

Business Classification Regulations: Rules governing different business structures (sole proprietorship, LLC, corporation) and their employment obligations

Self-Employment Regulations: Federal and state rules governing self-employed individuals and their compliance requirements

Worker Classification Standards: Legal standards and tests for distinguishing between employees and independent contractors

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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