Marcia Hultman

Cabinet Secretary

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New Hiring Reporting

Frequently Asked Questions

Do I have to report an employee who has been previously reported?

Are there exceptions to New Hire Reporting, employees I don’t have to report?

When I submit my quarterly reports, isn’t that the same as submitting new hire information?

If I have an employee who lives in one state but works in another, which state should the employee be reported to?

Are employers required to notify the New Hire Reporting Center when employment has ended

What will be done with the new hire information I provide?

What are the benefits of the New Hire Reporting Program?

When is an individual considered a New Hire?

Are temporary agencies required to report each individual placed by their agency?

How long do I have before I have to report a new employee?

Why is there a National Directory of New Hires?

Are day labor employees and Rent-a-Kid participants reportable to New Hire Reporting Center?

Am I required to report juvenile employees or my kids?

Am I required to report independent contractors as New Hires?

When a business changes ownership and the employees are retained after the transfer, do the employees have to be reported as New Hires?

Can I just send in a copy of my employee’s W-4 form?

Do I have to report teachers who are returning to work again in the fall?

If I have employees in more than one state, can I just report them all to one state?

Do I have to report an employee who has been previously reported?

Yes. If you have an employee who was rehired after not working or being paid for the past 30 days, the individual will need to be reported again using the most recent date as the date of hire. This includes all employees who have medical leave, lay-off, or termination, even if a new W-4 form is not completed.

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Are there exceptions to New Hire Reporting, employees I don’t have to report?

No. All employees must be reported, including family members, temporary employees, seasonal workers, students and rehired employees. There are no exceptions where a newly hired or rehired employee does not need to be reported.

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When I submit my quarterly reports, isn’t that the same as submitting new hire information?

No. Quarterly data is often outdated before the child support office receives the information because some non-custodial parents change jobs frequently. There can be as much as a four month lag from the time the data is submitted on quarterly reports until it is available to the child support office. Often those employees are no longer working and wage withholding cannot be initiated. By reporting your new hires timely, child support orders can be established and enforced faster.

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If I have an employee who lives in one state but works in another, which state should the employee be reported to?

Employees should be reported to the state they work in. Another easy way to figure that out is all employees should be reported to new hire reporting to the same state where their quarterly wages are reported.

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Are employers required to notify the New Hire Reporting Center when employment has ended?

No. The New Hire Reporting Center only collects information when employees are hired, not when they separate from employment.

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What will be done with the new hire information I provide?

Information reported to the New Hire Reporting Center will be submitted to the Department of Social Services where it will be matched against child support records to locate parents, establish child support orders and enforce existing orders. New Hire information may also be matched against current Unemployment Insurance claims and Workers’ Compensation claims to prevent fraudulent or erroneous payments.

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What are the benefits of the New Hire Reporting Program?

A lack of child support often forces families to seek assistance in other programs such as welfare, Medicaid and Supplemental Nutrition Assistance Program (SNAP). Timely reporting of New Hire Information will enable state agencies to locate absent parents faster and will decrease families’ dependence on public assistance. New Hire information will also be matched against current Unemployment Insurance (UI) claims and Workers’ Compensation (WC) claims to prevent fraudulent and erroneous payments. Since the National New Hire Database has been established, the program has saved billions of taxpayer dollars in collecting past due child support payments, fraudulent UI, SNAP and WC claims.

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When is an individual considered a New Hire?

An individual is considered a new hire on the first day they perform services/work for pay.

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Are temporary agencies required to report each individual placed by their agency?

Yes. If the temporary agency is paying the employee’s wages, they are required to report that employee to new hire using the FEIN number of the temporary agency. Any employee who is rehired by the temporary agency must be reported again to new hire if a period of 30 days or more has passed since that employee last worked. Use their new date of hire when submitting the new hire report.

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How long do I have before I have to report a new employee?

All newly hired or rehired employees must be reported to the New Hire Reporting Center within 20 days of their first day of work for wages.

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Why is there a National Directory of New Hires?

Over 30 percent of child support cases involve non-custodial parents who do not live in the same state as their children. By matching this information at a national level, the federal Office of Child Support Enforcement will be able to assist state agencies in locating non-custodial parents living in other states.

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Are day labor employees and Rent-a-Kid participants reportable to New Hire Reporting Center?

Yes. If an employer hires Rent-A-Kid participants or day labor workers, the employer must report those individuals, even if it was only an hour or two of work because the employer/employee relationship exists.

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Am I required to report juvenile employees or my kids?

Yes. There are no age exceptions written into the South Dakota New Hire law. Employers are required to report all employees regardless of age or relationship to the employer.

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Am I required to report independent contractors as New Hires?

No. An independent contractor does not need to be reported if they are truly an independent contractor. The Department of Labor and Regulation may need to determine if the person is an independent contractor or an employee and will handle these inquires on an individual basis. Contact an Unemployment Insurance Tax representative at 605.626.2312 for more information and help in determining if the person should be considered an employee or an Independent Contractor.

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When a business changes ownership and the employees are retained after the transfer, do the employees have to be reported as New Hires?

Yes. If the business will be operating under a new FEIN number, any employees who will receive wages under the new FEIN will need to be reported to the New Hire Reporting Center within 20 days of the change in ownership. You must submit these employees with the new date of hire as the date the transfer of ownership took place and they started working as your employee.

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Can I just send in a copy of my employee’s W-4 form?

Yes. The information must be legible and include the employee’s social security number, name as it appears on their SSN card, address, date of hire and also include the employer’s name, FEIN, address and phone number.

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Do I have to report teachers who are returning to work again in the fall?

Yes. Any employee who has not received wages for the past 30 days must be reported when they return to work again within 20 days of their first day back to work. You must submit rehires with the new date of hire.

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If I have employees in more than one state, can I just report them all to one state?

Yes. You may report all of your employees to one state however; they must all be reported electronically and you must complete the Multi-State application prior to submitting all of your employees to one state. You may complete the Multi-State Application.

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