Ah, we are back to one of my favorite current topics. And I know you thought we had gotten away from the labor laws that cover new hire reporting in the United States. You said to yourself, “We’re back on workers’ comp. There’s no way we can talk about new hire reporting again, right?”
I am happy to report that you are wrong, sir (or madam)! We are back talking about new hire reporting before we have yet to cover the topic regarding the U.S. territory of the U.S. Virgin Islands. In that case, because the Virgin Islands are part of the United States, in foreign policy terms so to speak, they also have to follow many of the same labor laws that you find in the 50 states.
And new hire reporting is one solid example of a labor law that gets passed down all the way into the Caribbean. In the case of the Virgin Islands, they have many of the same requirements for new hire reporting that you’d find in the 50 states.
As with the 50 states, the Virgin Islands require that its employers report every new hire and re-hire that comes through their doors. The purpose, as always, is to track down parents who aren’t paying their child support payments, or find adults who are getting social services that they shouldn’t be getting.
The way to do this is to collect the names, addresses, birth dates, date of hire, state of hire, and social security numbers of every worker that comes through your doors. With every new hire report, you must also submit your company name, you company address, and your company ID number. All of that info—or should I say just that small amount of info—is all the authorities need to do the trick.
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.