Preventive Law for Employers
NJ Employment Law

Don’t Ignore New Hire Reporting!

In the past two weeks,  two different clients–one old, one new– told me that  they had never heard of  new hire reporting.  So, I figured it was  time for a blog post on the subject.  Here are the basics:

Under New Jersey and the federal law, all public, private, non-profit,  and government employers are required to report within 20 days:

  • New employees: All employees who reside or work in  New Jersey.  Employees   should be reported even if they work only one day.
  • Re-hires or recalled employees: Employers must report re-hires, or employees   who return to work after being laid off, furloughed, separated, granted a leave  without pay, or terminated from employment. Employers must also report  any employee who remains on the payroll during a break in service or gap in pay,  and then returns to work. This includes teachers, substitutes, seasonal  workers, etc.
  • Temporary employees: Temporary agencies–not their clients– are responsible for reporting new  employees. 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 the temp agency.
  • Contracted Entities: State law requires that an independent contractor  transacting business in New Jersey be reported as a new hire.

    Failure to report a new employee could result in a fine up to $25 per violation.

Why do state and federal law require reporting new hires?    New Jersey’s child support computer system matches new hire information  against open child support cases to locate alleged fathers/non-custodial parents  to establish paternity and child support orders, and enforce existing orders. Once  these matches are done, the new hire information is sent to the National Directory of New Hires and is used by Child Sspport agencies nationwide.  All 50 states and the District of Columbia have new hire reporting  laws.

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.

Detailed information, including frms and FAQs,  for  the  NJ New Hire Reporting System can be foiund  at:



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Who is Ann Kiernan?

Ann Kiernan is an employment lawyer who has been practicing law in New Jersey for more than 30 years. She represents only employers and management and regularly provides management training companies big and small. Employment law is constantly changing, and Ann is familiar how these changes affect employers. To keep up-to-date and learn what issues are currently affecting businesses and employers in New Jersey, read the blog.

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Ann may be reached via telephone at 732-846-3201 and email.

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