Employers to Soon Be Required to Include First Day of Work on New Hire Reports

Newly-adopted legislation requires employers to include “the date services for remuneration were first performed by the employee” on state new hire reports, effective June 8, 2011. A phase-in period for compliance is permitted beyond June 8, 2011 if the Secretary of Health and Human Services (HHS) determines that state legislation is required to implement this new reporting requirement. If so, the effective date is extended until “the first day of the second calendar quarter beginning after the close of the first regular session of the State legislature” that begins after June 8, 2011. Currently, federal law only requires the following information to be included on new hire reports: (1) the name, address, and Social Security number of the new employee; and (2) the employer's name, address, and federal employer identification number (EIN). Some states already require that the date of hire be included on new hire reports [42 USC 653a(b)(1)(A), as amended by Section 802 in the Claims Resolution Act of 2010 (HR 4783)].