Do you know what the legal requirements are when hiring a new employee?
Below are four guidelines you should follow. For accompanying information and forms, consult your HR Department or our convenient HR Answer Center.
When a business hires employees, it must generally report certain details about the new staff members to a state agency within a short period of time. That state agency compares the information with child support files in that state, and then passes it on to the National Directory of New Hires (NDNH), where it is compared with child support files from other states. This agency is part of the Federal Office of Child Support Enforcement. The purpose is to keep track of parents who are expected to pay court-ordered child support.
What to Report?
The table on the right, provided by the Department of Health and Human Services, lists the information employers must collect in order to meet federal requirements. These are the same details received when an employee fills out a W-4, although some states may ask for more.
How to Report?
Because the information required by the federal government is also listed on W-4 forms, some employers fulfill the state requirement by simply sending copies of the W-4s to the state agency. Most states have pre-designed forms, although employers generally have the option of creating their own, as long as the necessary elements are included. This way, employers can develop a method of collection that works with their existing software.
State rules vary but employers can generally send data by:
Interactive phone systems, or
Other electronic or magnetic media.
Click here to find your state’s requirements.
When to Report?
To some degree, the answer depends on the method of reporting. In general, however, the information must be transmitted within 20 days of the hire date to meet federal requirements. (If you have a high volume of new hires, check with your state agency to find out the requirements.)
Where to Report?
If you are a single-state employer, you obviously report new hires to the state where you do business.
But if you have employees in more than one state, you are subject to multi-state employer rules. In this case, you have two options:
- You can report new hires to New Hire Reporting Offices in the various states in which the employees work.
- Choose one state and report all new hires to that state’s New Hire Reporting Office (although payroll service providers are prohibited from choosing this option).
If you’re a multi-state employer and you choose to report to only one state, you must send the data electronically or magnetically. You must also notify the Federal Department of Health and Human Services of your choice.