Human Resource New Hire Reporting in Virginia

December 17th, 2006 Posted by Mark

It’s the Virginia Statute 63.2-1946 that does the tick in the state when it comes to mandating new hire reporting. This Virginia labor law, as we have seen in other states, complements the federal labor law on the topic, the Personal Responsibility and Work Opportunity Reconciliation Act, or PRWORA, which kicked off the new hire reporting craze in 1996.

I wouldn’t exactly call it a “craze” I guess. It’s more like a “movement,” a movement to better track parents who have been negligent in paying their child support payments, as well as other adults who are receiving social services and should not be.

In the state of Virginia, this labor law mandates that all employers report their new hires within 20 days of the new employees’ first day of work. The penalty for not reporting these new hire? Basically, it’s the same as we have seen in other states. There is a $25 per new employee fine for each new hire that you don’t report. The government officials can up that to $500 per person if they believe there is some sort of conspiracy between you and the new employees not to report them to the state officials.

As with the process across the country, the process is Virginia works by you having to not only report new hires, but re-hires as well. So anybody that you would have to fill out a new tax deduction form for, basically, that is who you have to report. New re-hires are people who used to work for your company at least a month or more ago, but let due to getting fired, quitting, taking time off, getting laid off, etc., but then you hired them back for some reason. Anybody who fits this bill must be reported to the new hire directory as well.

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