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What is the new hire law?
State and federal law (409.2576 F.S. and 42 U.S.C. 653A) require all employers to report newly hired and re-hired employees to a state directory within 20-days of their start date.  Employers who submit reports via magnet media (e.g., diskette) or electronically are required to submit the reports by two monthly transmissions, if necessary, not less than 12-days or more than 16-days apart.
General; Reporting Reqs
Who must report?
All employers and/or labor organizations in the State of Florida must report new hire information.

General; Reporting Reqs
Who must be reported?

Employers are required to report the following:

  • New employees: Employers must report all employees who reside or work in the State of Florida to whom the employer anticipates paying earnings. Employees should be reported even if they are terminated prior to the employer fulfilling the new hire reporting requirement.
  • Re-hires or re-called employees: Employers must report re-hires, or employees who return to work after being laid off, furloughed, separated, granted a leave without pay, or terminated from employment, after having been separated from such prior employment for at least 60 consecutive days.
  • Temporary employees: Temporary agencies are responsible for reporting any employee who they hire to report for an assignment. Employees need to be reported only once; they do not need to be re-reported each time they report to a new client. They do need to be reported as a re-hire if the worker has a break in service or gap in wages from your company.
  • General; Reporting Reqs
    I’m self-employed, do I have to report myself as a new hire?
    Yes. Section 409.2576(3)(b), Florida Statutes, states that all employers shall give a report to the State Directory of New Hires.

    General; Reporting Reqs
    Are independent contractors exempt from reporting under this law?
    While we welcome Independent Contractors being reported, the law does not require employers to report them. The IRS provides strict guidelines on whether an individual is in fact an Independent Contractor or an employee. If you have questions regarding this guideline, please contact the IRS.

    General; Reporting Reqs
    Are labor unions and hiring halls exempt from reporting under this law?
    No. Labor unions and hiring halls must report their own employees; that is, individuals who work directly for the labor union or hiring hall. If the labor union or hiring hall simply refers individuals for employment, it does not need to file new hire reports for these actions. If a labor organization actually pays the individuals whom it refers (as opposed to having them paid by the person or entity to which they have been referred), the labor organization would be considered the "employer" and subject to the new hire reporting requirements.

    General; Reporting Reqs
    Are domestic employees (e.g., maid, nurse, gardener) required to be reported?
    Yes, an individual who is an employee for purposes of federal income tax withholding from wages is also an employee for new hire reporting purposes. If you need to determine if you should be paying federal income tax for your employees, please contact the IRS.

    Reporting Reqs; General
    Are foreign agricultural workers on H-2A visas required to be reported?
    No, you are not required to report an individual working for you on an H-2A visa as a new hire.
    General
    I already provide employee information on my Quarterly Wage Reports. Why must I also report the employee as a new hire?
    New hire information from the Quarterly Wage Reports becomes available two to six months after the date of hire. When you immediately report new hires, there is an improved chance of locating the individual while employed and the required child support action can be promptly taken. In addition, fraudulent unemployment insurance, workers compensation, and welfare benefit payments can be quickly detected.
     
    Florida Statute 409.2576 requires all employers to submit their new hire reports within 20 days after the employee is hired or re-hired or returns to work. Employers who submit reports magnetically or electronically shall submit the reports in two monthly transmissions not more than sixteen days apart.

    Reporting Reqs; General
    Do temporary agencies have to report their new hires for every assignment?
    Yes. Temporary agencies are responsible for reporting their workers who sign a W-4 form and report to an assignment. Workers need to be reported only once; they do not need to be reported each time they report to a new client. If the worker has a break in service from your agency and a new W-4 form is required, then a new hire report is also needed.

    Reporting Reqs; General
    Do I need to report terminated employees as well as new hires?
    No. Only new hires and re-hires are required to be reported to the Florida New Hire Reporting Center. However, if the terminated employee had an Income Withholding Order for child support, the termination should be reported to the Child Support Program online at Employer Services.

    Reporting Reqs; General
    Why is new hire reporting required?
    In 1996, Congress enacted a law called the "Personal Responsibility and Work Opportunity Reconciliation Act," or PRWORA, as part of Welfare Reform. This legislation created the requirement for employers in all 50 states to report their new hires and re-hires to a state directory.

    General
    What do I do if I need help with something?
    Please call the Florida New Hire Reporting Center at (850) 656-3343, or toll-free from within Florida at (888) 854-4791 for any questions regarding the new hire reporting process. Staff are available to answer your questions Monday through Friday from 8:00am to 5:00pm Eastern Time.

    General
    What are the benefits of reporting new hires electronically?

    Reporting new hires electronically:

    • Saves on paper, processing time, and postage
    • Reduces errors
    • Reduces rejected records due to unreadable or missing information
    • Allows employers with multiple work sites to centralize their new hire reporting
    General; Electronic Reporting
    Why did my organization receive a letter from the Florida New Hire Reporting Center stating we are not in compliance with the law?

    The State of Florida works with employers to help ensure all new hires are reported. 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, we may mail notices to employers who may not be reporting new hires. The notice provides information on the legal requirements for new hire reporting and how to comply with the law.

    Using a different FEIN to report new hires and quarterly wage information may also prompt this notice from us. 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 us.

    We also monitor regular incoming new hire reports, and attempt to contact employers who appear to have lapsed or who have irregular new hire reporting histories. New hire reporting contributes to the well-being of many families, and assists with preventing fraudulent unemployment payments or welfare benefit payments.

    Florida Statute 409.2576 and the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, 42 U.S.C. 653A, requires all employers to report newly hired and re-hired employees to a state directory within 20 days of their hire date. 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.

    If you have received a notice from the Florida New Hire Reporting Center which referenced a lack of compliance, or if you have additional questions about complying with the new hire reporting law, contact us.

    General
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