New Hire Reporting
(Jump to state content for this section)
Original Author: Sara M. Wincek
Updating Author: Rena Pirsos, XpertHR Legal Editor
- Employers are required by federal and state law to report information about newly hired and rehired employees. All 50 states and the District of Columbia require new hire reporting. The information reported aids in both the collection of child support and the detection of fraud in other government programs. See Reporting Requirements.
- Federal law requires employers to collect and transmit specific items of information to state directories for each newly hired or rehired employee. Many states require more information to be reported in addition to the federal requirements. See Reporting Requirements.
- New hire reports must be transmitted within a certain number of days of the date of hire or rehire. Different time requirements apply in some states, to multistate employers and to reports transmitted electronically or magnetically. See When to Report New Hires.
- Employers may report new hires on a copy of Form W-4, Employee Withholding Allowance Certificate, or, in some states, on an employer created or state provided form. Most states allow employers to transmit the reports in a variety of ways. See New Hire Reporting Methods.
- Whether an employer has employees in only one state or in multiple states dictates where and on what type of media reports should be submitted (e.g., on paper, electronically or magnetically). Certain multistate employers must first register with the Department of Health and Human Services by completing and submitting a specific form. See Where to Submit New Hire Reports.
- States impose both civil fines and other nonmonetary civil penalties on employers that do not comply with the new hire reporting requirements. See Noncompliance Penalties.
The following states have additional requirements for this topic under applicable state law.
- District of Columbia
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia