New Hire Reporting Requirements

New hire reporting is a critical component of workplace compliance. Under federal law, employers must report basic information on new or rehired employees to the state where the employee works within 20 calendar days of hire. Failure to properly report may result in costly civil monetary penalties and increased scrutiny from regulatory agencies.

Federal law requires employers to report:

The employee’s full name, address, Social Security number and date of hire
The employer’s name, address and Federal Employer Identification Number (FEIN)

States may require employees to report additional information, such as the employee’s job title or wage rate. Employers must comply with data reporting requirements for the state to which they report.

Employers operating in multiple states can report new hires either to each employee’s work state or, if they register with the U.S. Department of Health and Human Services (HHS) as a multistate employer and designate one reporting state, submit all new hire reports there. Employers choosing the single-state option must send new hire information electronically or by magnetic tape to their designated state no more than twice a month, spaced 12-16 days apart.

Employers should use the same FEIN to report new hires and quarterly wages. Reporting different FEINs for new hires and quarterly wages may lead to potential noncompliance issues. If an employer’s worksite address is different from its payroll address, the employer is encouraged to report both their worksite and payroll office address. If employers provide only one address, they should report the address where they want potential income withholding orders sent.

Employers may provide copies of their Forms W-4 to report new hire data. Employers may also create an equivalent form or use a state reporting form. According to the HHS, electronic submission through the state’s new hire website is the preferred reporting method.

For more information, visit the HHS New Hire Reporting for Employers website or review its Q&A section.

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