New Hiring Reporting
Reporting Requirements
Please note: Be sure to report to the New Hire Reporting Center the employee’s name and Social Security number as it appears on his or her Social Security card, even if the person's name has changed.
Who Must Be Reported
- Full-time employees
- Part-time employees
- Temporary employees
- Seasonal employees
- Students
- Adults and minors
- Family members
Employers Who Must Report
All Employers must report new hires, including:
- Private businesses
- Public businesses
- Seasonal businesses
- Non-profit agencies
- Government agencies
Information That Must Be Reported
- Employee Social Security Number
- Employee Name as it appears on their SSN card
- Employee Address
- Employee Date of Hire (date first performed services for pay)
- Employer Federal ID Number
- Employer Name
- Employer Address
It is essential to the integrity of the New Hire Reporting program that all employees’ information be reported accurately and in a timely manner.
When to Report
Newly hired or rehired employees (employees who have not been paid for the past 30 days) must be reported to the New Hire Reporting Center within 20 days of the first day of work. A rehired employee must be submitted with the most recent date of hire.
Previously Reported Employees
Should an employer report an employee who had been reported previously? Yes, if that employee was rehired after not working or being paid for the past 30 days. This includes all employees who have been on medical leave, lay-off, or termination, even if a new W-4 form is not completed. When submitting your rehired employees, use the most recent date of hire as the date of hire.
Consequences for Not Reporting New Hires
Any employer who intentionally fails to comply with any duties imposed by the New Hire law commits a petty offense. This may result in a monetary penalty of $25 for each violation. If there is a conspiracy between the employer and the employee to avoid reporting, the penalty may go as high as $500 per newly hired employee.
Professional Employer Organization (PEO) Reporting
If I am a PEO, can I use my Federal Employer Identification Number (FEIN) to report my client’s employees? No. South Dakota Codified Law (SDCL) 61-1-3 which requires PEO companies to use their client FEIN numbers also requires client FEIN numbers to be used when reporting new hires. The FEIN that you use when reporting quarterly wage reports must be the same FEIN you use when reporting new hires. There are no exceptions in South Dakota.