The State shall have the option to set a State civil money penalty which shall not exceed. (d) Civil money penalties on noncomplying employers (c) Reporting format and methodĮach report required by subsection (b) shall, to the extent practicable, be made on a W–4 form or, at the option of the employer, an equivalent form, and may be transmitted by 1st class mail, magnetically, or electronically. (B) in the case of an employer transmitting reports magnetically or electronically, by 2 monthly transmissions (if necessary) not less than 12 days nor more than 16 days apart. (A) not later than 20 days after the date the employer hires the employee or (2) Timing of reportĮach State may provide the time within which the report required by paragraph (1) shall be made with respect to an employee, but such report shall be made. (C) Federal Government employersĪny department, agency, or instrumentality of the United States shall comply with subparagraph (A) by transmitting the report described in subparagraph (A) to the National Directory of New Hires established pursuant to section 653 of this title. Any employer that transmits reports pursuant to this subparagraph shall notify the Secretary in writing as to which State such employer designates for the purpose of sending reports. (B) Multistate employersĪn employer that has employees who are employed in 2 or more States and that transmits reports magnetically or electronically may comply with subparagraph (A) by designating 1 State in which such employer has employees to which the employer will transmit the report described in subparagraph (A), and transmitting such report to such State. (b) Employer information (1) Reporting requirement (A) In generalĮxcept as provided in subparagraphs (B) and (C), each employer shall furnish to the Directory of New Hires of the State in which a newly hired employee works, a report that contains the name, address, and social security number of the employee, the date services for remuneration were first performed by the employee, and the name and address of, and identifying number assigned under section 6109 of the Internal Revenue Code of 1986 to, the employer. (ii) was previously employed by the employer but has been separated from such prior employment for at least 60 consecutive days. (i) has not previously been employed by the employer or The term "newly hired employee" means an employee who. The term "labor organization" shall have the meaning given such term in section 152(5) of title 29, and includes any entity (also known as a "hiring hall") which is used by the organization and an employer to carry out requirements described in section 158(f)(3) of title 29 of an agreement between the organization and the employer. The term "employer" has the meaning given such term in section 3401(d) of the Internal Revenue Code of 1986 and includes any governmental entity and any labor organization. (ii) does not include an employee of a Federal or State agency performing intelligence or counterintelligence functions, if the head of such agency has determined that reporting pursuant to paragraph (1) with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission. (i) means an individual who is an employee within the meaning of chapter 24 of the Internal Revenue Code of 1986 and (B) States with new hire reporting law in existenceĪ State which has a new hire reporting law in existence on August 22, 1996, may continue to operate under the State law, but the State must meet the requirements of subsection (g)(2) not later than October 1, 1997, and the requirements of this section (other than subsection (g)(2)) not later than October 1, 1998. State Directory of New Hires (a) Establishment (1) In general (A) Requirement for States that have no directoryĮxcept as provided in subparagraph (B), not later than October 1, 1997, each State shall establish an automated directory (to be known as the "State Directory of New Hires") which shall contain information supplied in accordance with subsection (b) by employers on each newly hired employee. Jump To: Source Credit Miscellaneous References In Text Amendments Effective Date §653a.
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