Frequently Asked Questions
Getting Familiar with the New Hire System
1. How do I get access to the new hire reporting web site?
2. Do I still need to mail W-4's if reporting new hires by internet?
3. What should I do if I've been in violation of this law and was not aware until now?
4. Must I report temporary or seasonal employees?
5. Is there a fine for not reporting new hire information?
6. Since our organization reports all employees quarterly, and we have a high turnover rate, why is it necessary to incur the expense of sending a weekly list of all newly hired employees? They will show up on our quarterly wage report anyway.
7. Who must I report?
8. Where do I mail, fax, or obtain tape layout information regarding the new hire information?
9. Must I report employees returning from maternity, family or other leave of absence?
10. We do not officially hire employees until after the three month probationary period has been completed, even though they are on the payroll. When do they count as new hires?
11. Can you provide me with additional W-4 forms?
12. I have no employees who pay child support. Why have I received this notice?
13. When is an individual considered a new hire?
14. Must an employer report an employee who is being recalled from a layoff or who is returning from a leave of absence?
15. Do entities hiring independent contractors or subcontractors have to report new hires? Do independent contractors or subcontractors have to report new hires?
You may register on-line for access to the Rhode Island New Hire Reporting Directory Internet site. After you complete the registration form we will process your request and e-mail a confirmation of access. This verification and confirmation will be completed within 24 hours. Please make note of your username and password.
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2. Do I still need to mail W-4's if reporting new hires by internet?
No, your obligation has been met. There is no need to mail or fax a W-4 if you submit via the internet.
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3. What should I do if I've been in violation of this law and was not aware until now?
Begin reporting your new hires immediately.
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4. Must I report temporary or seasonal employees?
Yes. Temporary and seasonal employees are one of the primary reasons why the law was implemented. These employees move frequently between jobs, making it difficult to collect child support if the state is not notified. You do not need to report temporary employees that you employ through a temporary employee agency. In these situations it is the responsibility of the temporary agency to report the individual as a new hire.
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5. Is there a fine for not reporting new hire information?
Yes. Failure to report new hires is punishable by a fine determined by the state. If you begin timely reporting of new hires now, you will not be fined.
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6. Since our organization reports all employees quarterly, and we have a high turnover rate, why is it necessary to incur the expense of sending a weekly list of all newly hired employees? They will show up on our quarterly wage report anyway.
While quarterly wage reporting plays an important role in enforcing child support obligations, it's no substitute for new hire reporting. New Hire reporting provides up-to-date employment information that the state uses to collect child support from individuals who move from job to job.
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7. Who must I report?
- New employees: Employers must report all employees who reside or work in the State of Rhode Island to whom they anticipate paying earnings. Employees must be reported even if they only work one day, and are terminated prior to the employer fulfilling the new hire reporting requirement.
- Re-hires or Re-called employees: Employers must report all re-hires, or employees who return to work after being laid off, furloughed, separated, granted a leave without pay, or terminated from employment for at least 60 consecutive days.
- Temporary employees: Temporary agencies are responsible for reporting any employee who they hire to report for an assignment. Employees only need to be reported once, and do not need to be re-reported each time they are placed with a new client. However, they do need to be reported as a re-hire if the worker has a break in service, or gap in wages from your company for at least 60 consecutive days.
8. Where do I mail, fax, or obtain tape layout information regarding the new hire information?
For information on reporting through the Internet, visit our Rhode Island New Hire Reporting Directory internet site at https://ri-newhire.com/ or contact the New Hire Reporting Directory
For information regarding tape layout, see our record layout page.
Mail W-4 forms to designated New Hire Reporting Department, Rhode Island New Hire Reporting Directory PO Box 485 Norwell RI 02061
Fax W-4 forms to designated New Hire Reporting Department, (888) 430-6907
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9. Must I report employees returning from maternity, family or other leave of absence?
Yes. Any time there is a lapse in pay of 60 consecutive days or more, for any reason, and an employee is reinstated, the employer must submit a report. If the employee remains on the payroll while away from the job, the employer need not submit a report when the employee returns to work.
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10. We do not officially hire employees until after the three month probationary period has been completed, even though they are on the payroll. When do they count as new hires?
The employee should be reported within 14 days of their first day of work, regardless of any probationary period.
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11. Can you provide me with additional W-4 forms?
If you would like copies of the W-4 form, you can call the IRS at 1-800-TAX-FORM, or visit the IRS on the Web at: www.irs.ustreas.gov
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12. I have no employees who pay child support. Why have I received this notice?
All newly-hired employees must be reported to the designated New Hire Reporting Department, whether or not the employer believes that a given employee owes child support. We compare this information against the names of child support obligors and recipients of public assistance benefits, to improve child support collections and detect fraud and abuse in public assistance benefits programs.
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13. When is an individual considered a new hire?
An individual is considered a new hire on the first day in which an individual performs services for remuneration, i.e. first day of work. This is the first day in which an employer begins to withhold amounts for income tax purposes.
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14. Must an employer report an employee who is being recalled from a layoff or who is returning from a leave of absence?
If the employer/employee relationship has been severed and a returning individual is required to submit a W-4 form to the employer, the employer is required to furnish a new hire report to the State Directory of New Hires.
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15. Do entities hiring independent contractors or subcontractors have to report new hires? Do independent contractors or subcontractors have to report new hires?
Entities do not have to report new hiring of independent contractors or subcontractors. However, entities must determine whether or not the individual is in fact an independent contractor/subcontractor or whether the individual is really an employee. Entities must use the test and factors discussed in question 1 of this section (concerning the definition of an employee) to determine if the individual is an employee whose hiring must be reported.
Although an independent contractor or subcontractor may not be an employee of the entity which hired him or her to perform a particular job function, he or she may be his or her own "employer" and/or an "employer" of others that may be required to report new hires as an employer under section 453A. The contractor must determine whether the legal relationship of employer and employee exists to determine if he or she or others hired are employees; i.e. does the person for whom the services are performed have the right to control and direct an individual who performs the service not only as to the result to be accomplished but also as to the details and means by which the result is to be accomplished. If future information is needed regarding the definitions of independent contractors/subcontractors and employees, the IRS publication referenced in question 1 may be helpful.
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