Samole Law Firm, PA

 

A Full Service Miami Law Firm

                        Phone 305-670-5070

New Hire Reporting Forms

 
New Hire Reporting Forms 


The following commonly requested forms are required for new hires in Florida (which can each be downloaded):

W-4                       Employee Withholding Allowance Certificate

I-9                         Employment Eligibility Verification  

To verify whether I-9 information provided by new employees is accurate, employers may use the E-Verify program, which is available on a voluntary basis. The Website for E-Verify is at http://www.dhs.gov/e-verify

      Model Affordable Care Act Marketplace Notices***:   Notice for Employers with Health Plans

                                                                                         Notice for Employers who don't offer a health plan

Fla New Hires*      Florida New Hires Reporting Form

* Fla New Hires. Federal and State law requires employers to report newly hired and re-hired employees in Florida to the Florida New Hire Reporting Center:

New employees: Employers must report all employees who reside or work in the State of Florida 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).
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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. 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. This includes teachers, substitutes, seasonal workers, etc.
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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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Florida Statute 409.2576 and the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 **, 42 U.S.C. 653A, requires all employers to submit their new hire reports within 20 days after the employee is hired or rehired or returns to work. They can be reported to the Florida New Hire Reporting Center electronically or the form can be downloaded and then the completed report mailed or faxed, and it is also possible to mail or fax a printed list of the new hires in the same manner to 1-888-854-47621-888-854-4762 FREE. Also, for employers who submit reports magnetically or electronically, they are required to submit the reports in two monthly transmissions not more than sixteen days apart.

** PRWORA instituted Temporary Assistance for Needy Families (TANF) which became effective July 1, 1997. TANF replaced the Aid to Families with Dependent Children (AFDC) program which had been in effect since 1935 and also supplanted the Job Opportunities and Basic Skills Training (JOBS) program of 1988. The law was heralded as a "reassertion of America's work ethic" by the US Chamber of Commerce, largely in response to the bill's workfare component. TANF was reauthorized in the Deficit Reductin Act of 2005. PRWORA requires that all employers submit their new hire reports within 20 days after the employee is hired or rehired or returns to work. Compliance for both PRWORA and Florida Statute 409.2576 is effectuated by filing the Florida New Hires Reporting Form with the Florida New Hire Reporting Center. 


*** The Affordable Care Act requires an Affordable Insurance Marketplace (also called Exchange) to operate in each state since January 1, 2014.  A Marketplace will not replace buying private health insurance.  This simply means that in addition to being able to buy health insurance privately, employers and consumers will have the Marketplace as another option for purchasing health insurance.  Most employers* are required to provide a written notice to all full-time and part-time employees about their respective state’s Marketplace. The DOL (Department of Labor) issued a technical release (http://www.dol.gov/ebsa/newsroom/tr13-02.html) that offers temporary guidance for employers regarding this requirement.  There are 2 model notices:  One for employers who offer a health plan and the other for employers who don’t offer a health plan.  Both model notices are can be downloaded (see above).

All current full and part time employees were required to receive the written notice since October 1, 2013.   Employers must provide the written notice to all of their new employees at the time of hiring since October 1, 2013 as well.  Model notices have been released by DOL (see above) or an employer can create theirown notice, as long as it covers the content requirements outlined in the technical release listed above.

 

*Most employers means those employers who are subject to requirements of the Fair Labor Standards Act (FLSA).  Generally, the FLSA applies to employers that employ one or more employees who are engaged in, or produce goods for, interstate commerce.  For most firms, a test of not less than $500,000 in annual dollar volume of business applies.

 
 
Samole Law Firm, P.A
For information about representation, call Samole Law Firm, P.A. at 305-670-5070, or request an appointment (see above) and you will be notified of availability and/or requirements. Please note that any information that you provide to us via the internet will not be privileged or confidential until we have agreed to represent you. Offices in Miami, Florida. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. © Copyright Samole Law Firm, P.A. 2009.