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New Hire Reporting
 
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Q. Are employers required to report all existing payroll employees each time they submit a new hire report?
A.No, all payroll employees do not need to be reported each time an employer submits a new hire report. Only those employees who fit the definition of a "new hire" or a "rehire" (as defined by the applicable Federal and State legislation) are required to be reported.
 
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Q. Are temporary employment agencies, labor organizations, and hiring halls required to report?
A.The agency that is paying the individual's wages must submit the New Hire Report. If the agency simply refers individuals for employment and does not pay wages, the New Hire Report will be submitted by the employer who pays the individual's wages.
 
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Q. Are there New Hire Reporting Programs in other states, and if so, how may they be contacted?
A.Yes.  Under applicable Federal legislation, each state is required to: establish a new hire reporting mechanism for the collection of new hire data; store the collected information within the state's State Directory of New Hires; and transmit the new hire data to the National Directory of New Hires for additional processing. Refer to the National Directory of New Hires website at 
http://www.acf.hhs.gov/programs/cse/newhire/ndnh/ndnh.htm for more information.
 
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Q. Are there penalties for not reporting new hires in the state of Pennsylvania?
A.Yes. All states have the option of imposing civil monetary penalties for noncompliance. In Pennsylvania, an employer that fails to report may be provided a written warning for the first violation and is subject to a civil penalty of up to $25 per each failure to report a new hire per 20-day reporting period which is subsequent to the warning. If the failure to report, or the submission of a false report, is the result of a conspiracy between the employer and employee, the employer shall be subject to a civil penalty of up to $500 per occurrence.
 
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Q. Are employers required to submit a new hire report if they do not have any new hires?
A.No.  If an employer has not hired any new employees, it is not necessary for the employer to submit a new hire report to the program.
 
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Q. Do temporary employment agency employers need to submit a new hire report each time a new assignment is given?
A.No. There is no need to report the employee as a new hire for each work assignment. However, if the employee has not been assigned work for 30 consecutive days, the employer must re-report the employee as a new hire upon the start of a new assignment.
 
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Q. Can an employer view previously reported employees to the New Hire Program through the PA CareerLink website?
A.

Yes.  An employer who has registered with Pennsylvania CareerLink may view (in part) data they have submitted through the web interface, subject to security and confidentiality requirements. To do so, the employer must login to the website (from the PA CareerLink public home page) using their Keystone Login Credentials, and view their Employer Home Page.  From the Report New Hires drop down menu at the top of their home page, the employer should select the Submitted Information link. The Search Submitted Information page will open, and the employer may then search for previously submitted records by new hire employee name, Social Security Number, or date. For assistance in using this feature, the employer should contact New Hire Customer Service.

Please note, anonymous (non-registered) employers cannot view information on previously submitted new hires, and should contact New Hire Customer Service directly for assistance.


 
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Q. Does an employer need to notify the Pennsylvania New Hire Reporting Program of a terminated employee?
A.No. Terminated employees do not need to be reported to the Pennsylvania New Hire Reporting Program.
 
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Q. Does an employer need to submit a report on a newly-hired employee who quits before the New Hire Report is submitted to the Program?
A.Yes. Since the employer/employee relationship existed and wages were earned, a New Hire Report should be submitted. However, if the employee never earned wages he or she does not need to be reported.
 
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Q. Do subcontractors (1099 employees) need to be reported?
A.No. Currently, Pennsylvania law does not require subcontractors to be reported as new hires. Please refer to the Frequently Asked Question (FAQ) on independent contractors for additional information.
 
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Q. If an employer lays off and then rehires an employee, does the employer need to submit a new hire report?
A.Yes. Pennsylvania law requires the reporting of all employees rehired following a lay off. The Date of Hire should be reported as the return to work date following the layoff.
 
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Q. How does an employer benefit from reporting their new hires to the Pennsylvania New Hire Reporting Program?
A.New hire information submitted by employers is used to help secure a better quality of life for Pennsylvania's children, by aiding in the collection of court-ordered child support from non-custodial parents and ensuring financial stability for many children and families. The new hire information provided by employers expedites the process for: establishing paternity; locating non-custodial parents who change jobs frequently; and matching employee information against data on
non-custodial parents who owe support. When a match occurs, a notice is sent to the child support obligor's employer, notifying the employer to withhold child support.
Additionally, the new hire information submitted by employers is used to detect fraud overpayments in Unemployment Compensation (UC) and Workers' Compensation (WC) benefit programs. Altogether, these activities save in excess of $34 million per year for Pennsylvania's employers, taxpayers, and families.
Employers who comply with child support laws help themselves and the children in Pennsylvania by:
--Increasing the amount of child support collections
--Saving taxpayer dollars
--Preventing and reducing fraud
--Promoting a stable and reliable workforce
--Encouraging a future skilled workforce.
 
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Q. How long should employers keep records of employees who were reported as new hires?
A.New Hire Reports should be kept for a minimum of one year.
 
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Q. How often should employers have to submit a New Hire Report?
A.Employers must submit a new hire report whenever they hire a person to perform services for wages, or any other form of compensation. The required information must be submitted in full for each newly-hired employee.

All new hire information must be submitted within 20 days of the Date of Hire, which is defined as the first day an employee performs these services for wages or other forms of compensation. Note that the Date of Hire submitted with the new hire report cannot be older than three (3) years from the date the report was submitted to the Pennsylvania New Hire Reporting Program.
 
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Q. How much of a time lapse should an employer expect between new hire reporting and receipt of a wage attachment?
A.Generally the wage attachment should be received within 30 days from when the employee is reported to the Pennsylvania New Hire Reporting Program. To expedite this process the employer may contact the location which sends out the wage garnishments. Please contact the Pennsylvania State Collections Disbursement Unit (PASCDU) at 1-877-676-9580 for additional information.
 
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Q. If an employer reported incorrect new hire information, can this be corrected?
A.Yes. Regardless of the reporting method used to submit the new hire information (electronically, by fax, or by standard postal mail), the employer must contact New Hire Customer Service for assistance, and to see if the information that was previously submitted in error may be corrected. Usually, this requires the employer to submit an updated new hire report.
The contact information for New Hire Customer Service is as follows: 
phone: (888) PAHIRES or (888) 724-4737;
email:
RA-LI-CWDS-NewHire@pa.gov;
fax: (866)748-4473 
website: www.pacareerlink.state.pa.us
mail:
Commonwealth of Pennsylvania
New Hire Reporting Program
P.O. Box 69400
Harrisburg, PA 17106-9400.
 
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Q. If an employer has an employee that works in one state and lives in another state, to which state should the employer report the new hire information?
A.The employee should be reported as a new hire to the same state in which the Unemployment Compensation (UC) tax wage records are being reported.
 
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Q. If an employer chooses to report electronically or via fax, should they then follow-up with a paper report of the same information?
A.No. Employers do not need to submit a paper copy of a new hire report as additional validation, if the identical information was already submitted to the program by electronic means, or via fax.
 
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Q. Is New Hire reporting mandatory for every employer?
A.

Yes. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and Pennsylvania Consolidated Statutes Title 23, Chapter 43, Sections 4391 through 4396 requires that all employers report specific information about their newly-hired employees to the Commonwealth of Pennsylvania.

Under both federal and state law--the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, 42 U.S.C. 653a and Pennsylvania Consolidated Statutes, Title 23 (Domestic Relations), Chapter 43 (Support Matters Generally), Subchapter F: New Hire Reporting (Sections 4391 through 4396) --all employers are required to report this information on their newly hired, re-hired, and temporary employees to their state new hire directory. Pennsylvania's New Hire Reporting Program is the mechanism for doing so; the subchapters within the Pennsylvania statute cover: general definitions; employer reporting of data; use of the information; guidelines on reporting; data confidentiality; and penalties for employer noncompliance and misuse of the information.

All employers doing business in Pennsylvania--whether they are large or small employers, for-profit or non-profit, public or private employers--must report their new hire information to the Commonwealth.

 
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Q. Isn't the information reported through the new hire program currently available through other reports submitted to the government?
A.Employers do submit quarterly wage record reports, however these data are often out of date before the child support office receives the information. There can be as much as a six-month lag between the time the data are submitted and when they are available for child support enforcement, or fraud detection purposes.
Because of the Pennsylvania New Hire Reporting Program, the data are available within a significantly shorter period of time. And because these data will be current, non-custodial parents will be located more quickly, allowing child support orders to be established and/or enforced in a timely manner. In addition, possible fraudulent activity involving Unemployment Compensation (UC) or Workers' Compensation (WC) is identified and resolved more efficiently and at lower cost to employers and the Commonwealth.
 
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Q. A custodial parent owed child support requests to know the work location of the non-custodial parent (obligor), based on new hire information. Can this information be disclosed?
A.No. Employer-submitted new hire data on individuals are strictly confidential, and under law are not able to be disclosed to the public. Please contact your local Pennsylvania County Domestic Relations Office, or County Assistance Office, for help and further information. A listing of Pennsylvania Domestic Relations Offices in your local area may be found online on the PA Department of Human Services Child Support home page
here. A listing of Pennsylvania County Assistance Offices by address and contact information may be found online through the PA Department of Human Services website, at http://www.dhs.pa.gov/citizens/findfacilsandlocs/countyassistanceofficecontactinformation/.
 
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Q. May an employer submit a new hire report to the Pennsylvania New Hire Reporting Program generated from their own company's internal payroll processing system?
A.Yes. The Pennsylvania New Hire Reporting Program will accept any report generated from an employer's internal payroll processing system, as long as all of the required new hire information is provided.
 
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Q. What are the methods of reporting new hire information?
A.Employers may report their new hire information by either manual or electronic means. However, electronic reporting methods--especially online reporting through the Pennsylvania New Hire Reporting Program website within the Commonwealth Workforce Development System (CWDS) at Pennsylvania's One-Stop Shop, PA CareerLink (
www.pacareerlink.state.pa.us )--is the preferred method of submitting new hire data, because it reduces processing time and eliminates paper and postage costs. To report through PA CareerLink, employers should first register with PA CareerLink, and then web upload their new hire data file in excel, text or XML-compatible format using the web upload feature found at the New Hire Reporting Program web page. Employers may also manually data enter their new hire information through the New Hire Program piece of the PA CareerLink website. Follow the link "Report New Hires" under the "Employers" section of the PA CareerLink Home page for more information.

For employers who use a third-party payroll service, the payroll service may report the employers' new hire data on their behalf.

Online reporting saves employers both time and money, and ensures data confidentiality. Employer company information is password protected, and new hire reports are transmitted through secure servers. After online submission, employers receive a confirmation that their data was transacted, for future reference.

Besides online reporting, employers may also submit their new hire information via: Secure File Transfer Protocol (SFTP); by toll-free fax; or by standard postal mail. Employers reporting via fax or mail may submit either IRS Form W-4, the standard Commonwealth New Hire Reporting Form, or a suitable substitute. Note, when using IRS Form W-4: date of hire, contact name and contact phone number must be listed separate, signature date is not a valid date of hire. Employers should be sure to complete all employee and employer information, including lines 10 & 12 of the form.

Step-by-step instructional guides for employers on new hire reporting are available within the PA CareerLink Help Center. To access the guides, press the Help “?” icon located at the top right corner of each page within the PA CareerLink website, and then scroll to the “List of How To's” section in the middle of the PA CareerLink Help Center page. Press the “+” beside the “New Hire Reporting Program Employer Guides” link to expand, view, and download (save and print) the list of guides, by topic: employer registration with PA CareerLink; new hire data reporting within the PA CareerLink website; information on valid new hire file formats, and more.

For additional information, please contact New Hire Customer Service at 1-888-PAHIRES, or 1-888-724-4737.

 
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Q. What are the reporting requirements for teachers, seasonal employees, farm workers & laid off workers?
A.Substitute Teachers - Must be reported when initially hired. They must be reported again if the employee is rehired following termination, a lay off, a separation, or a requested leave of absence without pay greater than 30 consecutive days.
Teachers on 9 month vs. 12 month pay schedule - Teachers must be reported when they are initially hired and only need to be reported again if they are rehired following termination, separation, a lay off, or if they are returning to work following a requested leave of absence without pay greater than 30 consecutive days.
Seasonal employees - Seasonal employees must only be re-reported if they are rehired following termination, a lay off, separation, or a requested leave of absence without pay greater than 30 consecutive days.
Farm workers - All farm workers who receive compensation must be reported.
An employee returning to work after a lay off - The employee must be re-reported when they return to work. The hire date should be reported as the return to work date.
 
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Q. What information is required to be reported?
A.Required Employer Information:
Employer Company Name
(Legal Name)
Employer Federal Employer Identification Number (FEIN - If your company has more than one FEIN, please use the same FEIN used to report your quarterly wage information when reporting new hires.)
Employer Street Address (the employer's payroll-processing address, the address to which Income Withholding Orders should be sent; P.O. Boxes are NOT acceptable.)
Employer City, State, Zip Code
Employer Contact Person Name, and Phone Number
Employer's Phone Extension
(optional.)

Required New Hire Employee Information:
Employee Full Legal Name
(First, Middle, and Last Name; Nicknames are NOT acceptable.)
Employee Social Security Number (Please verify for accuracy.)
Employee Street Address (P.O. Boxes are NOT acceptable.)
Employee City, State of Hire, Zip Code
Employee Date of Hire
(Not more than three years from the current date.)
Employee Date of Birth (optional.)

NOTE: Multi-state employers must include the state of hire for each new hire employee being reported; state of hire is required for all electronic submissions.

 
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Q. What is acceptable for the employer and employee street address, and the employer contact name and phone number?
A.The employer street address should be the legal physical or mailing address for the employer associated with the Federal Employer Identification Number (FEIN). If a payroll service or other third party is reporting for the employer, the payroll service or other third-party company should report the employers' street address and NOT their own. The employer contact name and phone number should be someone who can answer questions about the new hire information submitted by or on behalf of the employer, if contacted by the Pennsylvania New Hire Reporting Program for additional information. If appropriate, the contact person and phone number may be that of the payroll service or third party organization.

For both the employer and employee street address, post office boxes are NOT acceptable information, and should not be submitted as part of the street address.
 
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Q. What is New Hire Reporting and what will be done with the information?
A.

New Hire Reporting is a process by which employers report certain required information on all employees hired on or after January 1, 1998. Under both federal and state law--the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, 42 U.S.C. 653a and Pennsylvania Consolidated Statutes, Title 23, Chapter 43, Sections 4391 through 4396--all employers are required to report this information on their newly hired, re-hired, and temporary employees to their state new hire directory. Pennsylvania's New Hire Reporting Program is the mechanism for doing so.

From the new hire information submitted by employers, Pennsylvania matches against open child support case records to locate non-custodial parents, establish child support orders, or enforce existing orders. Pennsylvania also transmits the new hire data to the National Directory of New Hires for matching against child support orders from other states.

Finally, the new hire information is used to detect possible fraud activity in the Unemployment Compensation (UC) and Workers' Compensation (WC) benefit programs, and aid in identifying and recovering overpayments.

 
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Q. Who needs to be reported as a New Hire?
A.All employers doing business in Pennsylvania--regardless of their industry, occupation, profit status, or size--must report information on their new hires if the individual is considered an employee for the purposes of federal income tax withholding. This includes employees of all ages, those who work less than a full day, those still in a probationary employment period, part-time, seasonal employees, and employees who are rehired or return to work for any of the reasons listed below.

Note that many employers are confused by the need to report an individual as a “new hire” if they return to work after a 30 consecutive-day period without compensation. An employee must be reported as a "new hire" under the following conditions:
1.  A new employee OR 
 
a former employee who is:
2.  rehired following termination,
3.  rehired following separation,
4.  returning to work following a lay off, or
5.  returning to work following a requested leave of absence without pay greater than 30 consecutive days.

If the employee does not fall into any of the above categories, the employee does not need to be reported as a new hire.

For additional questions on new hire status, please contact New Hire Customer Service at 1-888-PAHIRES (1-888-724-4737).
 
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Q. When must employers report their new hire information to the Pennsylvania New Hire Reporting Program?
A.An employer must report their new hire employee's information no later than 20 days from the date of hire, defined as the date upon which the employee first performed services for wages or other compensation.
 
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Q. If an employer has employees in more than one state, including Pennsylvania, how should they report their new hire information?
A.Federal law allows employers with employees in more than one state (multi-state employers) to report all of their new hires to one state of their choice. The state chosen must be one in which the employer has employees, and the multi-state employer must register as such with the U.S. Department of Health and Human Services, Federal Office of Child Support Enforcement.

Multi-state employers are required by law to report their new hire information electronically--Pennsylvania welcomes all multi-state employers, even if their corporate office is not located in Pennsylvania, or if they have reported to another state in the past. The Pennsylvania New Hire Reporting Program encourages these employers to report by: first, registering with Pennsylvania CareerLink; and then, second, submitting their new hire information, using the web upload feature found within the Pennsylvania New Hire Reporting Program portion of the PA CareerLink website, or by using Secure File Transfer Protocol (SFTP).

Multi-state employers should contact the New Hire program for assistance in reporting, and must provide notification of their choice of Pennsylvania as their reporting state to:
U.S. Department of Health and Human Services
Office of Child Support Enforcement
Multi-State Employer Registration
P.O. Box 509
Randallstown, MD 21133

Phone: (410) 277-9470
Fax: (410) 277-9325

For additional information, employers may also visit the Multistate Employer Registry homepage within the federal Office of Child Support Enforcement website, located at
https://ocsp.acf.hhs.gov/csp/home/employer .

 
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Q. Why are electronic reporting methods the preferred way for employers to submit their new hire information?
A.The Pennsylvania New Hire Reporting Program recommends that employers submit their new hire reports by electronic means, because these methods are not only more secure and more efficient, they also save employers time and postage costs. Through the program's home page within the Pennsylvania CareerLink website (located at
www.pacareerlink.state.pa.us) , employers may first register with PA CareerLink and then upload their new hire information online securely, with data validation and customer service support readily available. Reports are processed much sooner through online reporting compared to traditional paper or fax reporting, so an employer will receive notification the next business day if there are any problems with their new hire data--versus potentially several weeks through the slower and less secure paper and fax methods. Electronic means also save employers on the costs of creating and mailing paper forms or fax submissions.
 
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Q. What are the electronic reporting methods employers may use to submit their new hire information?
A.Electronic reporting methods employers may use to submit their data include:
* Pennsylvania New Hire Reporting Program website upload of a new hire file (for PA CareerLink-registered employers, and in .xls, .xlsx, .xml and .txt (tab-delimited) file format ONLY): download the template for electronic submission of your new hire report from the program's website

* Pennsylvania New Hire Reporting Program website data entry of new hire records: up to fifty (50) new hire records at one time for PA CareerLink-registered employers, or up to three (3) new hire records at one time for non-registered employers at the program's website

*Secure File Transfer Protocol (SFTP) submission of a new hire report; requires employer registration to receive login and password information for the FTP server, by contacting New Hire Customer Service at (888) PAHIRES or (888)724-4737 or by email at
RA-LI-CWDS-NewHire@pa.gov for details

 
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Q. What is the Commonwealth Workforce Development System, and how does it relate to New Hire Reporting?
A.

The Commonwealth Workforce Development System (CWDS) is Pennsylvania’s CareerLink One-Stop shop for tens of thousands of jobseekers, employers, and training and service providers. Located at www.pacareerlink.state.pa.us, Pennsylvania's CareerLink provides access to Pennsylvania workforce development services for participants and employers. The site also links jobseekers and others with employment, training, and independent living services provided by several agencies within the Departments of Labor & Industry and Public Welfare.

As a partner member of CWDS, the Pennsylvania New Hire Reporting Program collects 2.4 to 2.7 million new hire records annually from employers, resulting in savings in excess of $34 million per year to employers and families in Pennsylvania, through wage garnishment for child support collections and recovery of fraud overpayments in the Commonwealth’s Unemployment Compensation (UC) and Workers’ Compensation (WC) programs.

 

 
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Q. Why should employers register with Pennsylvania CareerLink to submit their new hire reports?
A.

Employer registration with Pennsylvania CareerLink within the Commonwealth Workforce Development System (CWDS) at www.pacareerlink.state.pa.us allows employers to create their own company profile page, where they may:

* Upload new hire reports in excel, text or xml file format through a secure web interface

* Data enter up to fifty (50) new hire employee records per web session, with data validation and customer service support readily available.

 

Through the PA JobGatewaySM portal within the PA CareerLink® website, employers may:

* Create, post, and edit job openings at their company

* Search for and hire qualified PA CareerLink® participant-jobseekers to fill available job openings

* Automatically report their new employees as new hires to the Pennsylvania New Hire Reporting Program, when they fill their available job postings with PA CareerLink® participants.

 

 
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Q. How do employers register with Pennsylvania CareerLink, so that they may submit their new hire data via Web Upload?
A.Employers should visit the Pennsylvania CareerLink Home page at
www.pacareerlink.state.pa.us and press the "New User?" link found alongside the right-hand navigation panel of the page to begin the employer registration process.

For step-by-step instructions on employer registration that employers may download and print out for desk reference, please press the Help “?” icon located at the top right corner of each page within the PA CareerLink website, and then scroll to the “List of How To's” section in the middle of the Help Center page. Press the “+” beside the “New Hire Reporting Program Employer Guides” link to expand, view, and download (save and print) the list of guides for employer registration with PA CareerLink. Additional instructional guides found there provide information to employers on new hire data reporting at the Pennsylvania New Hire Reporting Program Home Page within the PA CareerLink website; information on valid new hire file formats, and more.

NOTE: It is not necessary for employers to register through both the PA CareerLink® and within the PA JobGatewaySM to use the services available through these websites; once registered with PA CareerLink®, employers may access both sites using their Keystone Login credentials.

 
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Q. Why are email attachments of new hire information not a preferred method of submitting new hire reports to the program?
A.Attachment of a new hire report in excel or text format to an email submitted to the program is NOT a secure method of data transmission, and is not approved by Commonwealth of Pennsylvania Office of Information Technology Acceptable Use policies on data encryption, transmission, and storage of confidential information. Effective June 30, 2012, submission of new hire information by employers using this method will be prohibited.

Employers should contact the New Hire Reporting Program Customer Service at (888) PAHIRES or (888) 724-4737 to learn more about submitting new hire information using an approved, secure electronic method.

Employers may also visit the Pennsylvania CareerLink Help Center for step-by-step instructional guides on new hire reporting by these approved electronic methods. To access the guides, press the Help “?” icon located at the top right corner of each page within the PA CareerLink website, and then scroll to the “List of How To's” section in the middle of the PA CareerLink Help Center page. Press the “+” beside the “New Hire Reporting Program Employer Guides” link to expand, view, and download (save and print) the list of guides, by topic: employer registration with PA CareerLink; new hire data reporting through the PA CareerLink website; information on valid new hire file formats, and more.
 
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Q. If an employer has questions about new hire reporting that are not answered within this list of Frequently Asked Questions, how may they contact the Pennsylvania New Hire Reporting Program for help?
A.Employers may contact the Pennsylvania New Hire Reporting Program through the following channels:
Customer Service: (888) PAHIRES or (888) 724-4737

Website:
www.pacareerlink.state.pa.us

email (questions only, NOT for new hire data submission):
RA-LI-CWDS-NewHire@pa.gov

Toll-Free Fax: (866) 748-4473

Mail:
Commonwealth of Pennsylvania
New Hire Reporting Program
P.O. Box 69400
Harrisburg, PA 17106-9400
 
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Q. What is a "rehire," for the purposes of reporting new hire information?
A.Rehires are considered to be "new-hires" whenever the employee is not compensated by the employer for a period of 30 consecutive days, regardless of the reason, including layoffs. The hire date reported by the employee as part of the new hire report on the rehired employee should be the return to work date of the employee.

Note, however, this timeframe for reporting rehires will be revised (pending a legislative change to the existing Pennsylvania law) so that the Commonwealth is in accordance with recent Federal legislation. Details of this pending change are given below: 

Trade Adjustment Assistance Extension Act of 2011 (Public Law 112-40), which amends section 453A(a)(2) of the Social Security Act. The law amends section 453A of the Social Security Act, effective April 21, 2012, as follows:

 (a) Definition of Newly Hired Employee- Section 453A(a)(2) of the Social Security Act (42 U.S.C. 653a(a)(2)) is amended by adding at the end the following:

 (C) NEWLY HIRED EMPLOYEE- The term “newly hired employee” means an employee who—

 (i) has not previously been employed by the employer; or

 (ii) was previously employed by the employer but has been separated from such prior employment for at least 60 consecutive days.

 
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Q. If an employer uses a third party payroll service to report their new hire information, should the same report also be submitted by the employer directly to the Pennsylvania New Hire Reporting Program?
A.No. For those employers who use the services of a third party payroll service to report their new hire information, there is no need for the employer to also submit the same report directly to the Pennsylvania New Hire Reporting Program. However, should such employers wish to verify that their new hire employees are being reported timely and correctly by the third party payroll service, they are encouraged to verify the status of their new hire information by contacting New Hire Customer Service at (888) PAHIRES or (888) 724-4737, or by email at RA-LI-CWDS-NewHire@pa.gov.
 
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Q. Can an employer receive verification from the Pennsylvania New Hire Reporting Program that their new hire information has been received and processed?
A.Depending upon the method by which the employer submitted their new hire information to the program, the employer may receive verification that their new hire data was received and processed, or may be contacted by the program only if there is an error in their report. By reporting method--
* for PA CareerLink-registered employers who submit their new hire data via online reporting through manual data entry or web upload: a confirmation page is readily available for printing or download once the data are submitted

* for those employers who submit via attachment of an excel or text file to an email: they will be provided notification by the program that this method is no longer valid as of June 30, 2012, and will be advised to submit their new hire reports through web upload after first registering with Pennsylvania CareerLink

* for those employers who submit via fax: they will receive local confirmation that their fax was successfully transmitted, and should expect to be contacted by the program only in the event that the new hire data they submitted had errors

* for those employers who submit via Secure File Transfer Protocol: they should expect to be contacted by the program only in the event that the new hire data they submitted had errors

* for those employers who submit data using the approved Commonwealth New Hire Reporting Form (or similar) through standard postal mail: they should allow 5-7 business days for transit and processing, and should expect to be contacted by the program only in the event that the new hire data they submitted had errors.
 
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Q. If an employer has a question not directly related to new hire reporting, may the employer still contact the Pennsylvania New Hire Reporting program for assistance?
A.

Although New Hire Customer Service staff are subject-matter experts in new hire reporting, to provide the best possible customer service experience to employers, they will attempt to address employer questions about related programs, if possible, or will seek to guide the employer to the correct resource for additional information. Employers’ questions usually include the following:

* For employer questions related to services available to them through the Pennsylvania Department of Labor & Industry (L&I), visit the department's website at www.dli.pa.gov. There, select the 'BUSINESSES' link from the top menu bar, then select the 'SERVICES AND INFORMATION FOR EMPLOYERS' link from the cascading menu to view specific services offered through the department, including information on unemployment compensation liability, taxes, benefit information, and the appeals process.

  * For employer questions related to workforce development and services offered through Pennsylvania CareerLink (in CWDS) other than new hire reporting, employers should visit the Employer Services web page within CWDS.

* For questions related to Child Support Enforcement, wage garnishments, Income Withholding Orders and other information available from the Pennsylvania Department of Human Services, employers should visit the Employer Services web page within the PA Child Support website.

 * For questions related to starting a business in Pennsylvania, registration and completion of all related forms and paperwork, employers should visit the Labor & Industry website at www.dli.pa.gov. There, select the 'BUSINESSES' link from the top menu bar, then select the 'SMALL BUSINESS ASSISTANCE NETWORK' link from the cascading menu to view specific services for employers on starting a business in Pennsylvania.

 
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Q. May an employer hiring nonresident aliens report the new employee’s temporary alien identification number (Alien Registration "A" Number), Arrival/Departure Record Number (Form I94 Admission Number), or U.S. Visa Number instead of actual SSN?
A.

No. Only a nine (9) digit Social Security Number as issued and validated by the Social Security Administration is allowed for new hire reporting purposes. Employers should not report an employee who does not have a valid Social Security Number. Instead, the employee may be reported once the employee receives their Social Security Number. The Social Security Administration issues three types of valid Social Security cards, all showing the employee’s name and Social Security number. These types are:

* Card that displays the employee’s name and Social Security number, and allows the employee to work without restriction. It is issued to: U.S. citizens; people lawfully admitted to the United States on a permanent basis

* Card that displays the employee’s name and Social Security Number and notes, “VALID FOR WORK ONLY WITH DHS [Department of Homeland Security] AUTHORIZATION.” This type of card is issued to people lawfully admitted to the United States on a temporary basis who have DHS authorization to work

* Card that displays the employee’s name and Social Security Number and notes, “NOT VALID FOR EMPLOYMENT.” This type of card issued to: people from other countries who: (a) are lawfully admitted to the United States without work authorization from DHS, but with a valid non-work reason for needing a Social Security number; or, (b) need a number because of a federal law requiring a Social Security number to get a benefit or service.

Effective June 25, 2011, the Social Security Administration assigns Social Security Numbers randomly, and allows for the assignment of area numbers between 734 and 749 and above 772 through the 800s.

 
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Q. Does an employer need to submit a new hire report for independent contractors and subcontractors performing services?
A.The employer should first determine whether there is an existing employer/employee relationship. If the work being performed is based on a contract rather than on an employer/employee relationship, then under both federal law and current Pennsylvania law, the employer is NOT required to report the information to the Pennsylvania New Hire Reporting Program. In such a circumstance as that described above, the contractor is responsible for reporting his/her employees.
 
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Q. If an employer is required to modify an existing wage garnishment for an employee on their payroll, how is this done and who will notify the employer to make this change?
A.

[This answer is from the PA Department of Public Welfare, Bureau of Child Support Enforcement (PA Child Support Enforcement Program)]: [Note that] the amount of the wage attachment is based upon what the amount of the support obligation is. If the support obligation amount is modified, then so is the wage attachment. The DRS [Domestic Relations Section within each County] is the responsible maintainer of the data within the system [and is responsible for the modification process].
The order to attach is a federal form that all counties must use. Some employers do not receive hardcopy [notification to modify an existing wage attachment], as electronic withholding orders are in place. Regardless whether the order [was] issued electronically or by paper, the form is marked as an amended withholding when the wage attachment amount needs to modified by the employer. The DRS will mail the amended wage attachment to the employer or the amended attachment can be modified electronically and sent to the employer.

 For additional information, employers should visit the Employer Services web page within the PA Child Support Program website.

 

 
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Q. What is the PA JobGatewaySM and how does it relate to New Hire Reporting?
A.

The PA JobGatewaySM portal within the Pennsylvania CareerLink® website is focused on employment services offered to both qualified job seekers looking for work, and employers posting jobs. Through the JobGateway, employers may: manage their company profile; create, post, and edit job openings at their company; search for qualified PA CareerLink® participant-jobseekers, get job candidate recommendations, and hire those persons to fill available job openings; and automatically report their new employees as new hires to the Pennsylvania New Hire Reporting Program.

For additional information on services offered to employers within PA JobGatewaySM, please visit the Employer Services page located at: 

https://www.jobgateway.state.pa.us/jponline/Admin/Common/EmployerServices.aspx

 
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Q. Does an employee returning from FMLA have to be reported as new hire/re-hire?
A.

Yes.  Employers must report any employee who was not paid, but remains on the payroll during a break in service or gap in pay of thirty (30) consecutive days or more, and then returns to work. The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. Upon the employee’s return to work, the employer must notify the New Hire Reporting Program of the return (rehire) with the employee’s return to work date. Please note: because Short Term Disability Pay is considered to be a third party pay arrangement and, as such,  does not qualify as pay received for work performed by the employee for the employer, this necessitates that the employee must be reported as a rehire upon their return to work.

 
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Q. Q: May employers submit New Hire data to the Program by email?
A.

No, submission of new hire data via email attachment of a data file—or including new hire data within the body of an email message—and submitting the email to the New Hire Reporting Program, is prohibited. Employers attempting to submit data to the Program using this method will be promptly contacted by Customer Service Staff, and instructed to resubmit the information via a preferred submission method. These preferred submission methods include: secure file transfer protocol (SFTP, for employers registered to use this method); data entry or file upload (for CWDS-registered employers) or data entry through the new hire screens within the CWDS website (for non-registered employers).

 
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Q. May employers submit New Hire data to the Program by telephone or voicemail message?
A.

No, employers are prohibited from attempting to submit new hire data to the Program via telephone or voicemail message, under any circumstances. Employers attempting to submit data to the Program using this method will be promptly contacted by Customer Service Staff, and instructed to resubmit the information via a preferred submission method. These preferred submission methods include: secure file transfer protocol (SFTP, for employers registered to use this method); data entry or file upload (for CWDS-registered employers) or data entry through the new hire screens within the CWDS website (for non-registered employers).

 
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Q. If the Employer Federal Employer Identification Number (FEIN) changes, does the employer need to report their payroll employees as new hires?
A.The employer (Federal) Employer Identification Number (or Federal EIN) is a nine-digit number that Internal Revenue Service (IRS) assigns in the following format: XX-XXXXXXX. It is used to identify the tax accounts of employers and certain others who have no employees. The IRS uses the number to identify taxpayers that are required to file various business tax returns. FEINs are used by employers, sole proprietors, corporations, partnerships, non-profit associations, trusts, estates of decedents, government agencies, certain individuals, and other business entities. For more information, please refer to IRS publication 1635 Rev 2- 2014 found at www.irs.gov. If an employer is reorganizing and merges under a new FEIN, will it be required to file new hire information on the employees acquired as a result of the merger under the new FEIN? No, it is not necessary for the employer to file new hire reports on all employees acquired through a merger under a new FEIN. The new FEIN information will be picked up by the Federal Parent Locator Service (FPLS) when the employer submits its next quarterly wage report. For more information about new hire reporting in this instance, please refer to https://www.acf.hhs.gov/css/resource/new-hire-reporting-answers-to-employer-questions.
 
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Q. If the employer's Unemployment Insurance (UI) Account Number changes, are the employer's payroll employees to be reported as new hires?
A.An employer's Pennsylvania Unemployment Insurance (UI) Account Number is a ten-digit number assigned to a liable employer (meaning, the employer is required to pay unemployment compensation benefits to eligible claimants under the terms of applicable Pennsylvania Unemployment Compensation laws), based on information the employer provides to the Pennsylvania Department of Labor & Industry on Form PA-100 (Pennsylvania Enterprise Registration Form). All employers providing full and/or part time employment to one or more workers in Pennsylvania must register with the Pennsylvania Department of Labor & Industry, Office of Unemployment Compensation Tax Services, under the applicable Unemployment Compensation laws of the Commonwealth of Pennsylvania. The UI Account Number facilitates the recording of contributions paid by and benefit payment charges assessed to each individual employer. For more information on the Pennsylvania Unemployment Insurance (UI) Program, including account numbers, please refer to: http://www.uc.pa.gov/employers-uc-services-uc-tax/Pages/default.aspx; also refer to UCP-36 (REV 12-14), “Employer's Reference Guide to Unemployment Compensation,” found at: www.uc.pa.gov/Documents/UCP%20Forms/ucp-36.pdf. For new hire reporting purposes, if an employer UI Account Number changes due to the acquisition of the original company by a new company (through sale or merger, consolidation or change in ownership or legal structure)—and a new employer UI Account Number is assigned to the new employer entity—then the payroll employees are considered to be new employees, and should be reported as such to the Pennsylvania New Hire Reporting Program. For all other changes in company structure (adding a new establishment, changing services but not form, function, or number of establishments, etc.), a new Employer UI Account number may be assigned, but the employer is not considered to be “new,” so their payroll employees do not need to be reported as such to the Pennsylvania New Hire Reporting Program. For more information, please refer to: http://www.uc.pa.gov/employers-uc-services-uc-tax/registration/Pages/default.aspx.
 

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                               GOVERNOR TOM WOLF

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