New Hire Reporting Law
Partnering with Employers to Guarantee the Support of our Nation's Children
Ohio Revised Statute 3121.89-3121.8911 and the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA of 1996, 42 U.S.C. 653A, requires all employers to report newly hired employees to a state directory within 20 days of their hire date. Contractors should be reported no later than 20 days after the date on which the employer engages or re-engages the contractor or the contractor resumes providing serves under the contract.
New hire reporting is required by law in all 50 states, and has been mandatory since October, 1998. Pursuant to federal law, states have the option of imposing civil monetary penalties on employers who fail to report new hires. The fine can be up to $25 per newly hired employee, and if there is a conspiracy between the employer and employee not to report, the penalty can be up to $500 per newly hired employee.
The State of Ohio works with employers to help ensure that all new hires are reported as required. The Federal Office of Child Support Enforcement (OCSE) provides states a quarterly report containing information on employers who may not have reported all new hires as required. Using the quarterly report, our Center may send notices to employers who appear to be non-compliant in reporting their new hires. Aside from providing information on legal requirements, the notice also provides information on how to comply with new hire reporting laws, so employers may avoid future notices.
Using a different FEIN to report your new hires and your quarterly wage information may also cause you to appear as non-compliant. If you have more than one FEIN, please make certain you use the same FEIN you use to report your quarterly wage information when reporting new hires. If you receive a non-compliance notice from our office and you believe you may be using multiple FEINs, please contact our office.
New hire reporting is a valuable tool that contributes to the well-being of many families, and assists with preventing fraudulent unemployment payments and/or welfare benefit payments. To learn more about the benefits of new hire reporting, click here
If you have received a notice which referenced a lack of compliance, or if you have additional questions about complying with the new hire reporting law, contact us.
Claims Resolution Act of 2010, SEC. 802. REPORTING OF FIRST DAY OF EARNINGS TO DIRECTORY OF NEW HIRES.
On October 21, 2011, President Obama signed the Trade Adjustment Assistance Extension Act of 2011 (Public Law 112-40), which amends section 453A(a)(2) of the Social Security Act. The law amends section 453A of the Social Security Act, effective April 21, 2012 as follows: Definition of Newly Hired Employee-Section 453A(a)(2) of the Social Security Act (42 U.S.C. 653a(a)(2)) is amended by adding at the end the following: NEWLY HIRED EMPLOYEE - The term "newly hired employee" means an employee who has not previously been employed by the employer; or (ii) was previously employed by the employer but has been separated from such prior employment for at least 60 consecutive days.
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