Frequently Asked Questions
About the Law
What is the new hire law?
Who must report?
Who must be reported?
Is anyone exempt from this law?
Are labor unions and hiring halls required to report?
Basics of New Hire Reporting
Why do we need new hire reporting?
What information must I report?
How do I report?
Where do I report new hires?
How often must I report?
How will the information be used?
I've never reported new hires, what do I do?
Common Employer Questions
I am an employer with employees in more than one
state. What special considerations, if any, need to be made for this?
Is there an easier way to report other than submitting a New Hire Reporting Form?
What if I have questions about child support or income withholding?
Do I have to report if I do not hire anyone?
Are domestic employees (maid, nurse, gardener) required to be reported?
I am an employer who has more than one address. Which one should I list?
I provide employee information on my Quarterly Wage Reports.
Why must I also report the employee as a new hire?
Do temporary agencies have to report their new hires for every assignment?
Do I need to report an employee who worked for a couple of hours or days and then quit?
Do I have to include my FEIN on line 10 of the W-4? The instructions say to
include it only if I sent it to the IRS.
If I take over a business, do I have to report all of the employees?
In addition to reporting new hires, do I need to report terminated employees as well?
Can I send an outdated W-4?
I am an employer with more than one FEIN. Which do I use for the new hire report?
Are employers on Native American reservations and lands subject to the new hire reporting requirements?
I am a multi-state employer with employees in more than two states. Can I report all my employees to one state outside of Wisconsin, except report Wisconsin employees to Wisconsin?
Do I need to report rehired employees?
I'm not sure if I have reported one of our new employees. How can I find out the names of employees I have already reported?
Is it possible to submit a test file after registering to report electronically, to verify our file layout?
If I start sending reports using one method, do I always need to file my reports the same method?
How do we report new hires if we do not have an FEIN yet? How soon after obtaining an FEIN must we report new employees?
Does submitting a New Hire report trigger the establishment of an Unemployment Insurance account?
Can I use the same password for New Hire as I use for quarterly wage reports or do I need to sign up for New Hire and obtain a different password?
What should I do if I make a mistake on the employee information and I've already submitted it?
If an employee lives in Minnesota, but works in Wisconsin, to what state do I submit the New Hire report?
How do I enter the employee's date of birth when it's a violation of the Age Discrimination in Employment Act (ADEA) to ask for their date of birth?
Is the Date of Birth a required entry on-line?
What is the definition of date of hire?
What if I still have more questions about new hire reporting?
About the Law
What is the new hire law?
Wisconsin Statutes 103.05, Administrative Code DWD 42 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 or rehire date.
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Who must report?
All employers and/or labor organizations in the State of Wisconsin.
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Who must be reported?
Employers are required to report the following employees:
- New employees: Employers must report all employees who reside or
work in the State of Wisconsin to whom the employer anticipates paying
earnings. Employees should be reported even if they work only one day and
are terminated (prior to the employer fulfilling the new hire reporting
requirement).
- Re-hires or Re-called employees: Employers must report rehires, or
employees who return to work after being laid off, furloughed, separated,
granted a leave without pay, or terminated from employment after 90 days. 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 after 90 days. This includes teachers,
substitutes, seasonal workers, etc.
- Temporary employees: Temporary agencies
are responsible for reporting any employee who they hire to report for an
assignment. 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 rehire if the worker has a break in service or gap
in wages from your company.
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Is anyone exempt from this law?
No one is exempt from this law.
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Are labor unions and hiring halls required to report?
Labor unions and hiring halls must report their own employees; that is,
individuals who work directly for the labor union or hiring hall. If the labor
union or hiring hall simply refers individuals for employment, it does not need
to file new hire reports for these actions. If a labor organization actually
pays the individuals whom it refers (as opposed to having them paid by the
person or entity to whom they have been referred), the labor organization would
be considered the "employer" and subject to the new hire reporting
requirements.
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Basics of New Hire Reporting
Why do we need new hire reporting?
New hire reporting speeds up the child support income withholding order process,
expedites collection of child support from parents who change jobs frequently, and quickly locates
alleged fathers/non-custodial parents to help in
establishing paternity and child support orders. New hire reporting helps children receive the support
they deserve. New hire reporting also saves taxpayers by preventing fraud in welfare, workers compensation
and unemployment compensation. Employers are a key partner in ensuring financial stability for
many children and families and should take pride in their role.
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What information must I report?
In accordance with Federal
legislation, the State of Wisconsin asks for the following information:
- Employer's Federal Employer Identification Number
(FEIN) - 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.
- Employer's Name
- Employer's Address
- Employee's Name (First, Middle, Last)
- Employee's Address
- Employee's Social Security Number
- Employee's Date of Birth
- Employee's Date of Hire
Additional information may be required if reporting electronically. Please
click here for electronic reporting specifications.
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How do I report?
There are a variety of ways to report new hires, including online reporting,
electronic reporting and by mail or fax. For more information on the convenient
reporting options available, click here.
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Where do I report new hires?
Electronic Reports - Using our Web site's online reporting feature is a very popular choice
for employers. This feature provides a printable confirmation of reports
received and is available 24 hours a day, 7 days a week.
Employers can send new hire data files in a variety of ways, including transferring files
through this Web site, electronic transfer via modem (EFT), or mail reports to
the Wisconsin New Hire Reporting Center on diskette. Click here to learn more about electronic
reporting.
Non-Electronic Reports - Paper new hire reports may either be faxed or mailed to the Wisconsin
New Hire Reporting Center.
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How often must I report?
Employers must report within 20 days of a new employee's hire date. Employers
who submit reports magnetically or electronically shall submit the reports in
two monthly transmissions not more than 16 days apart. There is no need to report if
there are no new hires since the last report.
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How will the information be used?
Federal laws contain strict guidelines for the use of new hire
reporting information. Wisconsin'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 utilized
by Child Support Agencies nationwide.
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.
The use of this information provides financial support for Wisconsin's families
and a reduction in welfare and unemployment insurance costs.
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I've never reported new hires, what do I do?
Begin by reporting any new employees you've hired within the last 180 days. Continue by
reporting any new hires you have within 20 days of their hire date.
Common Employer Questions
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I am an employer with employees in more than one state. What special
considerations, if any, need to be made for this?
New hire reporting is required in all 50 states. One of the goals of new hire
reporting legislation is to make it as easy as possible for employers to comply.
For those employers with employees in more than one state, we have two
convenient options for reporting. Click here for
more details on multistate reporting.
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Is there an easier way to report other than
submitting a New Hire Reporting Form?
We strongly suggest reporting electronically. You can either report new hires
using our Web site or transmit a data file created by your company's human
resources or payroll software. Electronic reporting will eliminate paperwork,
increase the accuracy of the reports, allows faster processing, and can save on
postage and other costs. Our Web site even provides a printable confirmation of
new hires you report during a session! Electronic reporting can also qualify
Multistate employers to report new hires directly to one state.
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What if I have questions about child
support or income withholding?
The New Hire Reporting Center does not have access to specific child support
information and does not have the ability to answer questions related to child
support.
Contact the Bureau of Child Support.
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Do I have to report if I do not hire anyone?
No. Reports are only required after an employee is hired.
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Are domestic employees (maid, nurse, gardener)
required to be reported?
New hire reporting legislation requires all "employees" to be
reported. Thus, an individual who is an employee for purposes of federal income
tax withholding from wages is also an employee for new hire reporting purposes.
If you need to determine if you should be paying federal income tax for your
employees, please contact the Internal Revenue Service at (800) 829-1040 or
visit them at www.irs.gov.
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I am an employer who has more than one address. Which
one should I list?
The address where you want income withholding orders sent should be used. A
street address is preferred, as long as you can receive mail there.
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I provide employee information on my Quarterly Wage
Reports. Why must I also report the employee as a new hire?
New hire information from the Quarterly Wage Reports
becomes available two to six months after the date of hire. When you immediately report new
hires, there is an improved chance of locating the individual while
employed and the required child support action can be promptly taken. In addition, fraudulent unemployment insurance,
workers compensation, and welfare benefit payments can be quickly detected.
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Do temporary agencies have to report their new hires for every assignment?
Temporary agencies are responsible for reporting their workers who sign a W-4
form and report to an assignment. Workers need to be reported only once; they do
not need to be reported each time they report to a new client. If a worker has gone 90 days without pay and returns
to work, they must be reported as a new hire.
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Do I need to report an employee who worked for a couple of hours or days and then quit?
If the employee filled out a W-4 form and only worked for a few hours, that
employee must be reported.
Although that employee is no longer with your company, there is useful
information that can be obtained, such as home address and work history.
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Do I have to include my FEIN on line 10 of the W-4?
The instructions say to include it only if I sent it to the IRS.
If you are sending in your report by W-4, be sure it is easily readable and the employee's
section and employer's section are completed. The W-4 must include the employer name, address,
and Federal Employer Identification Number (FEIN) in blocks 8 and 10 of the W-4 form.
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. The W-4 must also include the
employee's date of birth and date of hire.
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If I take over a business, do I have to report all of the employees?
Not if these employees have previously been reported and if you as the new employer will continue
to honor any Income Withholding Notices that are in effect. If you will not honor the previous withholding notices you must report all
employees as new hires. Employers must
report any newly hired employee who is hired after that date. If you are unsure
if employees have been previously reported, we recommend reporting any employee
hired within the last 180 days.
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In addition to reporting new hires, do I need to report terminated employees
as well?
No. Only new hires and re-hires are required to be reported to the Center.
However, if the terminated employee had an Income Withholding Order for child support,
the termination should be reported to the agency that issued the Order.
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Can I send an outdated W-4?
Yes, but if you need new W-4 forms, please contact the Internal Revenue Service.
Form WT-4 is preferred and can be downloaded here: http://www.revenue.wi.gov/forms/with/w-204f.pdf
If you are sending in your report by W-4, be sure it is easily readable and the employee's section and
employer's section are completed. The W-4 must include the employer name, address, and Federal
Employer Identification Number (FEIN) in blocks 8 and 10 of the W-4 form. 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. The W-4 must also include the employee's date of birth and date of hire.
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I am an employer with more than one FEIN. Which do I use for the new hire report?
Use the same FEIN under which the employee's wages are reported.
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Are employers on Native American reservations and lands subject to the new hire reporting requirements?
No, unless the tribe has accepted the jurisdiction of the state for this purpose. There are several ways this can be accomplished.
For example, a tribe can enter into an agreement with the state for the cooperative delivery of child support
enforcement services, including reporting new hires to the State Directory of New Hires (SDNH). Under PRWORA,
a tribe can operate its own IV-D system pursuant to section 455(f) of the Act.
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I am a multi-state employer with employees in more than two states. Can I report all my employees to one state outside of Wisconsin, except report Wisconsin employees to Wisconsin?
You must either report all employees to one state as long as you registered as a multistate employer,
or report employees to the state in which they work.
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Do I need to report rehired employees?
Yes, if they have gone 90 or more days without pay and return (recalled, rehired) to work, they must be reported as a New Hire.
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I'm not sure if I have reported one of our new employees. How can I find out the names of employees I have already reported?
You can contact our customer service team at 1-888-300-4473 to request an Employer Reporting History report or send an email to wi-newhire@policy-studies.com.
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Is it possible to submit a test file after registering to report electronically, to verify our file layout?
Yes, you may contact our Technical Specialist by email at wi-newhire@policy-studies.com or call us at 1-888-300-4473.
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If I start sending reports using one method, do I always need to file my reports the same method?
No. You may choose whatever reporting method works best for you. You may want to report a large volume of hires electronically, and an occasional hire on the internet.
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How do we report new hires if we do not have an FEIN yet? How soon after obtaining an FEIN must we report new employees?
You can wait for your FEIN to report new employees. Your should report your new employees within 10 days of receiving your FEIN.
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Does submitting a New Hire report trigger the establishment of an Unemployment Insurance account?
No. You must contact Unemployment directly to establish an employer account.
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Can I use the same password for New Hire as I use for quarterly wage reports or do I need to sign up for New Hire and obtain a different password?
You must sign up for New Hire separately from the wage reporting system. When you do so, you may set that password to match your quarterly wage password.
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What should I do if I make a mistake on the employee information and I've already submitted it?
You should contact our customer service team at 1-888-300-4473. Due to the nature of information being provided, we do not suggest sending an email.
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If an employee lives in Minnesota, but works in Wisconsin, to what state do I submit the New Hire report?
New Hire reports are submitted to the state in which the employee works. In this example, the New Hire report would go to Wisconsin. However,
employers with employees working in more than one state have other reporting options. For more information please
refer to our Multistate Employer Information page.
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How do I enter the employee's date of birth when it's a violation of the Age Discrimination in Employment Act (ADEA) to ask for their date of birth?
(This is a tricky one) It is only a violation to discriminate against employees based on age and therefore
would not be prudent to ask for Date of Birth as part of the selection process. However once you have hired
the employee, you can gather this information for reporting purposes.
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Is the Date of Birth a required entry on-line?
No, if you leave the date of birth blank the record will still go through. We strongly encourage you to
enter this information if you have it, to help us verify that we have the correct person when verifying our data.
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What is the definition of date of hire?
The date of hire is defined as the first day an employee performs
wage-earning services.
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What if I still have more questions about new hire reporting?
Do not hesitate to call the Wisconsin New Hire Reporting
toll-free at (888) 300-4473 with any questions regarding the new hire
reporting process. Our help desk staff are available Monday through Friday,
8:00am to 5:00pm Central Time. Our toll-free number operates 24 hours a day,
seven days a week, and offers the ability to order documents and have them faxed
to you using our automated system.
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