Frequently Asked Questions
- About the Law
- Basics of New Hire Reporting
- Common Employer Questions
- I am an employer with employees in more than one state. What special considerations, if any, need to be made for this?
- Is there an easier way to report other than submitting a New Hire Reporting Form?
- What if I have questions about child support or income withholding?
- Do I have to report if I do not hire anyone?
- Are domestic employees (maid, nurse, gardener) required to be reported?
- I am an employer who has more than one address. Which one should I list?
- I provide employee information on my Quarterly Wage Reports. Why must I also report the employee as a new hire?
- Do temporary agencies have to report their new hires for every assignment?
- Do I need to report an employee who worked for a couple of hours or days and then quit?
- Do I have to include my FEIN on line 10 of the W-4? The instructions say to include it only if I sent it to the IRS.
- If I take over a business, do I have to report all of the employees?
- In addition to reporting new hires, do I need to report terminated employees as well?
- Can I send an outdated W-4?
- What if I still have more questions about new hire reporting?
- For Those New to the New Hire System
About the Law
The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, 42 U.S.C. 653a and the Virginia Statute 63.2-1946, requires all employers to report newly hired and re-hired employees to a state directory within 20 days of their hire or re-hire date.
As of July 1, 1997, all employers and/or labor organizations in the State of Virginia are required to report new employees to the Registry.
As of July 1, 2020, all employers and/or labor organizations in the State of Virginia are also required to report independent contractors to the Registry.
Employers are required to report the following employees:
- New employees: Employers must report all employees who reside or work in the State of Virginia to whom the employer anticipates paying earnings. Employees should be reported even if they work only one day and are terminated (prior to the employer fulfilling the new hire reporting requirement).
- Rehires or Reinstated employees: Employers must report rehires. This includes teachers, substitutes, seasonal workers, etc. or employees who return to work after being laid off, furloughed, separated, granted a leave without pay, or terminated from employment after 60 days.
- Temporary employees: Temporary agencies are responsible for reporting any employee who they hire to report for an assignment. Employees need to be reported only once; they do not need to be re-reported each time they report to a new client. They do need to be reported as a re-hire if the worker has a break in service or gap in wages from your company.
- Independent contractors: Employers that contract with an independent contractor shall submit information concerning each new independent contractor to the Center within 20 days of the start of the contract. "Independent contractor" means an independent contractor who (i) has not previously had a contract with the employer or (ii) had previously entered into a contract and has received a payment after receiving no payments for at least 60 consecutive days.
Is anyone exempt from this law?
All newly hired employees must be reported to the Registry. A new employee is an individual who is eligible for federal income tax withholding from wages and provides a service to the employer. This includes employees who work less than a full day, are part-time employees, are seasonal employees, or employees who discontinue their employment prior to being reported to the Registry. Even employers having only household and/or domestic employees are required to report those employees.
Do Independent Contractors (1099's) have to be reported?
Yes, Virginia Revised Code § 63.2-1946 requires that Independent Contractors be reported as new hires. Code 63.2-1946 defines a Contractor as an individual who (i) provides any service performed for remuneration or under any contract of hire, written or oral, express or implied, and (ii) is not an employee pursuant to the definition of "employment" in § 60.2-212.
"Contractor" does not include an individual performing intelligence or counterintelligence functions for a state agency if the head of the agency has determined that reporting pursuant to this section could endanger the safety of the individual or compromise an ongoing investigation or intelligence mission.
Are labor unions and hiring halls required to report?
Labor unions and hiring halls must report their own employees; that is, individuals who work directly for the labor union or hiring hall. If the labor union or hiring hall simply refers individuals for employment, it does not need to file new hire reports for these actions. If a labor organization actually pays the individuals whom it refers (as opposed to having them paid by the person or entity to whom they have been referred), the labor organization would be considered the "employer" and subject to the new hire reporting requirements.
Basics of New Hire Reporting
Why do we need new hire reporting?
New hire reporting speeds up the child support income withholding order process, expedites collection of child support from parents who change jobs frequently, and quickly locates alleged non-custodial parents to help in establishing paternity and child support orders. New hire reporting helps children receive the support they deserve. New hire reporting also saves taxpayers by preventing fraud in welfare, workers compensation, and unemployment insurance. Employers are a key partner in ensuring financial stability for many children and families and should take pride in their role.
What information must I report?
In accordance with Federal legislation, the State of Virginia asks for the following information:
- Employee/Contractor Full Name (please identify first, middle, and last name)
- Employee/Contractor Address
- Employee/Contractor Social Security Number
- Employee/Contractor Date of Hire
- Employer's Name (please use corporate name)
- Employer's Address (please provide address where Income Withholding Orders should be sent)
- Employer's Federal Employer Identification Number (FEIN). If you have more than one FEIN, please make certain you use the same FEIN you use to report your quarterly wage information when reporting new hires.
- Employee/Contractor Date of Birth
- Employee/Contractor Availability of Medical Benefits
- Employer's Phone #
- Employer's Fax #
- Employer's Email Address
- Employer Contact Name
There are a variety of ways to report new hires, including online reporting, electronic reporting and by mail or fax. Get more information on the convenient reporting options available.
Electronic Reports - Utilizing our Web site's online reporting feature is a very popular option for employers. This feature provides printable confirmation of reports received, and is conveniently available 24 hours a day, 7 days a week.
Employers can send new hire data files in a variety of ways, including transferring files through the Web site or through internet connection using File Transfer Protocol (FTP). Employers can also mail reports directly to us on diskette. Learn more about electronic reporting.
Non-Electronic Reports - Paper new hire reports may either be faxed or mailed to the Virginia New Hire Reporting Center.
Virginia New Hire Reporting Center
PO Box 3449
Trenton, NJ 08619
Toll-free: (800) 688-2680
Employers must report within 20 days of a new employee's hire date. Employers who submit reports magnetically or electronically shall submit the reports in two monthly transmissions not more than 12-16 days apart. There is no need to report if there are no new hires since the last report.
How will the information be used?
Federal and State laws outline strict guidelines for the use of new hire reporting information. Virginia's child support computer system matches new hire information against open child support cases in order to locate non-custodial parents to establish paternity and child support orders, as well as enforce existing orders. Once these matches are completed, the new hire information is sent to the National Directory of New Hires and is utilized by Child Support Agencies nationwide.
New hire information can also be used by states to help detect and prevent fraudulent payments to recipients of unemployment insurance, workers compensation, and welfare benefits.
The use of this information provides financial support for Virginia's deserving families and works towards a reduction in welfare and unemployment insurance costs.
I've never reported new hires, what do I do?
Begin by reporting any new employees you've hired within the last 180 days. Continue by reporting any new hires you have within 20 days of their hire date.
Common Employer Questions
I am an employer with employees in more than one state. What special considerations, if any, need to be made for this?
New hire reporting is mandated by law in all 50 states so one of the main goals of new hire reporting legislation is to make it as easy as possible for employers to comply. For those employers who have employees in more than one state, we have two convenient options for reporting. View more details on multistate reporting.
Is there an easier way to report other than submitting a New Hire Reporting Form?
We highly recommend reporting your new hires electronically, as there are multiple options for doing so. You can either report new hires using our convenient Web site, or you can transmit a data file created by your company's human resources or payroll software. Electronic reporting eliminates paperwork, increases the accuracy of the reports, allows faster processing, and can save on postage and other costs. Additionally, our Web site also provides printable confirmation of all new hires you report during a session. Electronic reporting can also qualify Multistate employers to report new hires directly to one state.
What if I have questions about child support or income withholding?
The New Hire Reporting Center does not have access to specific child support information and does not have the ability to answer questions related to child support. Check out our Employer Resources page to find information on local, state, and federal child support agencies.
Do I have to report if I do not hire anyone?
No. Reports are only required after an employee is hired.
Are domestic employees (maid, nurse, gardener) required to be reported?
New hire reporting legislation requires all "employees" to be reported. Thus, an individual who is an employee for purposes of federal income tax withholding from wages is also an employee for new hire reporting purposes. If you need to determine if you should be paying federal income tax for your employees, please contact the Internal Revenue Service at (800) 829-1040 or visit them at www.irs.gov.
I am an employer who has more than one address. Which one should I list?
You should list the address where you want income withholding orders sent. A street address is preferred, as long as mail can be sent there.
I provide employee information on my Quarterly Wage Reports. Why must I also report the employee as a new hire?
New hire information from the Quarterly Wage Reports becomes available two to six months after the date of hire. When you report new hires immediately, there is a much better chance of locating the individual while still employed, and the required child support action can be taken at once. Furthermore, fraudulent unemployment insurance, workers compensation, and welfare benefit payments can be detected quickly.
Do temporary agencies have to report their new hires for every assignment?
Temporary agencies are mandated to report their workers who sign a W-4 form and report to an assignment. Workers only need to be reported once, and they do not need to be reported each time they are placed with a new client. If the worker has a break in service of 60 consecutive days or more from your agency and a new W-4 form is required, then a new hire report would be necessary.
Do I need to report an employee who worked for a couple of hours or days and then quit?
As long as an employee filled out a W-4 form, even if they only worked for a few hours, that employee must be reported. Although that employee is no longer with your company, useful information such as home address and work history can be obtained from their new hire report.
Do I have to include my FEIN on line 10 of the W-4? The instructions say to include it only if I sent it to the IRS.
Yes, if you are sending in your report by W-4, you must include the employer name, address, and Federal Employer Identification Number (FEIN) in blocks 8 and 10 of the W-4 form. When reporting new hires, if you have more than one FEIN, please make sure you use the same FEIN used to report your quarterly wage information. The W-4 form must also include the employee's date of birth and date of hire.
If I take over a business, do I have to report all of the employees?
Not if these employees have previously been reported and if you as the new employer will continue to honor any Income Withholding Notices that are in effect. If you will not honor the previous withholding notices you must report all employees as new hires. Employers must report any newly hired employee who is hired after that date. If you are unsure if employees have been previously reported, we recommend reporting any employee hired within the last 180 days.
In addition to reporting new hires, do I need to report terminated employees as well?
No. Only new hires and re-hires are required to be reported to the New Hire Reporting Center. However, if the terminated employee had an Income Withholding Order for child support, the termination should be reported to the agency that issued the order.
Yes, but if you need new W-4 forms, please contact the Internal Revenue Service.
What if I still have more questions about new hire reporting?
Do not hesitate to call the Virginia New Hire Reporting Center toll-free at (800) 979-9014 with any questions regarding the new hire reporting process. Our help desk staff is available Monday through Friday, 8:00AM to 5:00PM Eastern Time.