New Hiring Reporting
If you are an employer who has employees in two or more states, federal law provides you the option to:
- Report your employees to each state in which they are working
- Designate one state in which any of your employees work and submit all new hire reports to the State Directory of New Hires in that state.
If you choose the second option, you must notify the Secretary of the U.S. Department of Health and Human Services in writing of your choice to report to only one state and identify the reporting (chosen) state. Those new hire reports must be transmitted electronically to that state. You will need to check the box in section 9 for all states, including South Dakota, that you have employees working in.
Notify the Secretary and complete the online application to become a multi-state employer using the Multistate Employer Registry website.
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 when filing quarterly wage reports, also requires client FEIN numbers to be used when reporting new hires. Even if your state allows PEOs to use their FEINs to report their client’s new hires, if you choose to use South Dakota as your reporting state, you must follow the laws in South Dakota. The FEIN you submit when reporting your quarterly wages must be the same FEIN you use when you submit your new hires. There are no exceptions in South Dakota.