Q: You are hiring a new employee and she will start on May 15, 2013.  Which new hire forms must be completed and filed? 

A:  Both NJ and NY require that new hire forms be completed and filed.   The federal I-9 form does not get filed.  Employers must retain the completed I-9 for as long as an individual works for the employer. Once the individual’s employment ends, the employer must retain this form for either 3 years after the date of hire or 1 year after the date the employment ended, whichever is later.

NJ requires all employers to report newly hired and re-hired employees to a state directory within 20 days of their start date.  This includes employees who reside or work in the State of New Jersey to whom the employer anticipates paying earnings, re-hires or re-called employees, temporary employees and independent contractors. Reporting can be done electronically, or by faxing or mailing a New Hire Reporting Form or a completed W-4 to the NJ New Hire Directory.

NY also requires employers to report newly hired and rehired employees who will be employed in New York State within 20 calendar days from the hiring date. The hiring date is the first day the employee performs any services for which they will be paid wages, tips, commissions or any other type of compensation or, if the employee provides services based solely on commissions, this is the first day an employee working for commissions is eligible to earn commissions. Reporting can be done electronically or by mailing or faxing a copy of the employee's Form IT-2104 in place of, or in addition to, the federal Form W-4.  NY employers may substitute either manually- or computer-produced listings of newly hired employees in place of copies of federal Forms W-4s and Forms IT-2104.

Some payroll services provide New Hire reporting services to their customers but employers should check with their service providers to ensure these steps are being taken.

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