§576D-16 - Duty of employers to report new hires to the agency; civil penalties for failure to comply with reporting; national new hire directory.
[§576D-16] Duty of employers to report new
hires to the agency; civil penalties for failure to comply with reporting;
national new hire directory. (a) Beginning October 1, 1998, each employer
in the State shall report to the agency within twenty days of hire the name,
address, and social security number of each new employee along with the name,
federal identification number, and address of the employer. Each report shall
be made on a W-4 form or its equivalent, and may be transmitted by first class
mail, magnetically, or electronically. If an employer is transmitting reports
to the agency magnetically or electronically, the report shall be transmitted
twice monthly not less than twelve days nor more than sixteen days apart. The
agency shall maintain these reports as the state directory of new hires.
(b) Employers failing to report the
information required in subsection (a) shall be subject to a civil penalty of
$25 or, if the failure is the result of a conspiracy between the employer and
the employee not to supply the required report or to supply a false or
incomplete report, a $500 fine.
(c) Within three working days after the date
information is reported to the agency's state directory of new hires, the
agency shall furnish the information to the national directory of new hires.
The agency shall furnish extracts of the reports required to the national
directory of new hires on a quarterly basis concerning the wages and
compensation paid to individuals, by such dates, in such format, and containing
such information as the United States Secretary of Health and Human Services
shall specify in regulations. [L 1997, c 293, pt of §6]