The Legislative Assembly had two objectives in mind when it passed the New Employees Reporting Act. One goal was to increase respect for the decisions of parents who do not have custody of child support, and the other was to help identify people who fraudulently receive unemployment benefits, workers` compensation and/or public support benefits upon their return to work, thereby reducing employers` unemployment and workers` compensation costs. Once the required new acquisition information is received from employers, Pennsylvania will match new hiring reports with child support records in order to find non-custodial parents, issue child support orders, or enforce existing orders. Pennsylvania will also submit the data to the National Directory of New Hires to match child support orders in other states. Federal law allows employers with employees in more than one state to report each employee to the state in which they work, in accordance with each state`s new guidelines, or to report all of their newly hired employees to a state where the employer has at least one employee. Pennsylvania has specific requirements if the employer chooses Pennsylvania as the state to declare its employees in multiple states. You can answer various questions by visiting www.panewhires.com or by calling 1-888-PAHIRES. All employers must have their employees who depend on 1. January 1998 were newly hired and/or rehired, relate to the reporting program for new government employees within twenty (20) days of their date of hire. The “hiring date” is 23 Pa.C.S.A. defined. § 4391 as “[t]he first day an employee provides services for remuneration”. An employee must be declared as a “new employee” if he or she meets the definition of “newly hired employee” according to 23 Pa.C.S.A.
Filled. Section 4391, which reads as follows: Many employers mistakenly assume that the information required by the New Employees Reporting Program is available in other reports submitted to the government. This may be true because employers submit quarterly payroll reports, but the data is often outdated before the child support office receives the information. It can take up to six months from the time the data is submitted to the time it is available for the enforcement of child support. New Hire Reporting makes data available in a much shorter timeframe and, thanks to up-to-date data, non-custodial parents and fraudulent benefit collectors are located faster. The employer must declare the employer`s name, Federal Employer Identification Number (FSIF), employer address, a contact name for the employer and a contact telephone number for the employer. In addition, the employer must declare the employee`s name, the employee`s address, the employee`s social security number, the employee`s date of hire, and the employee`s date of birth (optional). The employer`s address must be the legal physical address or postal address of the employer affiliated to FEIN, and not the address of a payroll department or other third party, even if they present themselves for the employer. The name and phone number of the contact person must be the ones who can answer questions about the new employee report, and this person can be a contact with the payroll department or a third-party organization. Even if a newly hired employee resigns before the deadline for the new hire report, the employer must still submit a report on new hires for that person because there was an employer-employee relationship and wages were earned.
However, if the employee has never earned a salary, the employer does not need to prepare a report for that person. If the employee does not fall into one of the above categories, he or she does not need to be declared as a new employee. Employers can report their new hires by submitting the information on a form provided by the Ministry of Labour and Industry, or by attaching the date of hire, as well as the name and phone number of an employer contact, to the W-4 form submitted for the newly hired employee. The information may be transmitted by first-class, magnetic, electronic or other means approved by the Register of New Recruits. See 23 Pa.C.S.A. Paragraph 4392(b). The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as well as Pennsylvania Act 58 of 1997, require all employers, regardless of size or type of business, to meet reporting requirements for new employees. Employers who have been in business since 1997 are most likely aware of this legislation; However, a reminder from time to time is valuable because not all new employers may be aware of their needs. Most of the information in this article can be found on the Pennsylvania New Hire Reporting Program website under www.panewhires.com.
If an employer fails to report a new hire under this Act for the first time, they may be notified in writing. For each subsequent violation, the employer will be liable to a civil penalty of up to $25 per violation. However, if it is determined that the non-declaration or filing of a hoax is the result of a conspiracy between the employer and the employee, the employer will be liable to a civil penalty of up to $500. See 23 Pa.C.S.A. § 4396. Employers should do their part to minimize fraud by complying with the New Employees Reporting Act. Compliance with this law will help ensure that Pennsylvania children receive the child support they deserve and will help keep all employer compensation and unemployment benefit costs low. Levi S. Wolf, Esq. is a shareholder in Wolf, Baldwin & Associates, P.C., a practice firm in Pottstown.
He can be reached at [email protected] or by phone at 610-323-7436. .