All employers, both nonprofit and government and for profit, must report their new hires to the state of South Dakota. There are few exceptions to the rule, and most all employees are included in the labor law’s scope, including full time employees, part time employees, permanent employees, and temporary employees—even employees who only ended up working for you for a couple of hours.
The basic rule to follow in this case to make sure that a new employee needs to be reported by you is to see if they need to submit a W-2 tax form to you. If they do, most likely you will also need to fill out a new hire report form and send it in to the state of South Dakota.
As I’ve mentioned in past entries on this blog about other states, even re-hires are included in this. A re-hire is anybody who used to work for you, but for some reason—either they got fired, laid off, quit, or took a leave of absence—they left the job. But now they have returned, at least 30 days after they left in the first place. In that case, they are considered a re-hire in the state of South Dakota and you have to report them again to the proper authorities.
South Dakota requires the same basic information about new hires and re-hires that other states do that we have looked at already. That includes the name of the new hire or re-hire, their address, and the social security number of the new hire or re-hire. The state of South Dakota also requires that you submit with every new hire report your company’s name, your company’s address, and your company’s federal employer number.
All of this info has to be send in to the state within 20 days of the start date of the new hire or re-hire.
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