Compliance & Penalties
Minnesota Statute 256.998 and the Personal Responsibility and Work
Opportunity Reconciliation Act (PRWORA) of 1996, 42 U.S.C. 653A, requires all
employers to report newly hired and re-hired employees to a state directory
within 20 days of their hire date.
New hire reporting is required by law in all 50 states, and has been
mandatory since October, 1998. Pursuant to federal law, states have the option of imposing civil monetary
penalties on employers who fail to report new hires. The fine can be up to $25
per newly hired employee, and if there is a conspiracy between the employer and
employee not to report, the penalty can be up to $500 per newly hired employee.
The State of Minnesota works with employers to help ensure that all new hires
are reported as required. The Federal Office of Child Support Enforcement (OCSE)
provides states a quarterly report containing information on employers who may not
have reported all new hires as required.
Using the quarterly report, our Center may mail notices to employers
who appear to be non-compliant in reporting their new hires. Aside from providing information
on legal requirements, the notice also provides information on how to
comply with new hire reporting laws, so employers may avoid future notices.
Using a different FEIN to report your new hires and your quarterly wage information
may also cause you to appear as non-compliant. If you have more than one FEIN,
please make certain you use the same FEIN you use to report your quarterly wage
information when reporting new hires. If you receive a non-compliance notice from
our center and you believe you may be using multiple FEINs, please contact our Center.
The Minnesota New Hire Reporting Center also monitors regular new hire reports
coming into the Center, and attempts to contact employers who appear to have
lapsed or who have irregular new hire reporting histories.
New hire reporting is a valuable tool that contributes to the well-being of
many families, and assists with preventing fraudulent unemployment payments
and/or welfare benefit payments. To learn more about the benefits of new hire
reporting, click here.
If you have received a notice from the Center which referenced a lack of
compliance, or if you have additional questions about complying with the new hire reporting
law, contact us.