282-A:117-a Employment Reports to Department of Employment Security; State Directory of New Hires. –
I. The commissioner shall, pursuant to an agreement with the department of health and human services which shall include payment of costs of administration, maintain a state directory of new hires. Any employing unit shall report to the department for entry into the directory:
(a) The hiring of an individual who has not previously been employed by the employing unit, and who earns wages or any other form of compensation in this state;
(b) The rehiring of an individual who previously performed services as an employee for an employing unit; and
(c) The contracting for services, other than casual labor, in this state with an individual, in accordance with the rules adopted by the commissioner, when reimbursement for such services is anticipated to exceed $2,500.
II. An employing unit with employees in 2 or more states, which transmits reports magnetically or electronically, may comply with this section by designating one of the states as the state to which the reports will be transmitted. Such an employing unit shall notify the United States Secretary of the Department of Health and Human Services in writing as to which state is so designated.
III. An employing unit required to report under paragraph I shall mail or transmit a copy of the individual's W-4 form to the department or send all information required in paragraph V in a format acceptable to the department by electronic or magnetic tape or by any other means mutually agreed upon.
IV. The employing unit shall submit to the department a report of an individual's hire, rehire, or contract for services within 20 days of such action or, in the case of magnetic or electronic reports, by 2 monthly transmissions not less than 12 days nor more than 16 days apart. The report shall contain:
(a) The individual's complete name, address, social security number, and first day of work.
(b) The employing unit's name, address, and federal and state identification number.
V. Information reported under paragraphs III and IV shall be entered by the department in the state directory of new hires within 5 business days of receipt.
VI. The department and the department of health and human services shall conduct automated comparisons of the social security numbers reported by employing units pursuant to paragraphs III and IV and the social security numbers appearing in the records of the state case registry of child support cases pursuant to RSA 161-B:7, I. When such comparison reveals a match with respect to the social security number of an individual required to provide support under a support order, the department shall provide the department of health and human services with the name, address, and social security number of the individual to whom the social security number is assigned, and the employing unit's name, address, and federal and state identification number.
VII. Within 3 business days after the date the information is entered into the directory, the department shall furnish the information to the National Directory of New Hires.
VIII. The department of health and human services shall be authorized to use the information transmitted to it by the department of employment security, to establish paternity and establish, modify, and enforce child support obligations against a named individual and may disclose such information about such named individual to any agency under contract with the department of health and human services to carry out such purposes.
IX. The department of employment security shall furnish to the National Directory of New Hires quarterly extracts of the reports required under 42 U.S.C. 503 (a)(6) to be made to the United States Secretary of Labor concerning the wages and unemployment compensation paid to individuals, by such dates, in such format, and containing such information as the United States Secretary of Health and Human Services shall specify in regulations.
X. State agencies responsible for administering any program specified in 42 U.S.C. 1320b-7(b) shall have access to information reported by employers pursuant to this section pertaining to named individuals for purposes of verifying eligibility for the program.
XI. The department of employment security and state agencies operating workers' compensation programs shall have access to information reported by employers pursuant to this section for the purposes of administering such programs.
XII. Any individual earning wages in this state, hired or rehired by an employing unit, or entering into a contract for services with an employing unit, shall be deemed to consent to the release to, and the disclosure by, the department of the information consistent with the provisions of this section.
XIII. This section does not apply to an employee of a federal or state agency performing intelligence or counterintelligence functions, if the head of such agency has determined that reporting pursuant to this section with respect to the employee could endanger the employee's safety or compromise an ongoing investigation or intelligence mission.
XIV. The commissioner and the commissioner of health and human services may adopt such rules as may be necessary for the efficient administration of this section pursuant to RSA 541-A.
XV. Subparagraph I(b) of this section shall apply to the rehiring of an individual who:
(a) Was previously employed by the employing unit but has been separated from prior employment for at least 60 consecutive calendar days.
(b) Was required to complete a W-4 form due to a previous work separation.
XVI. Subparagraph I(c) of this section shall apply to the contracting for other than casual labor with an individual when:
(a) The remuneration for services is anticipated to exceed $2,500.
(b) The remuneration for services although not anticipated to exceed $2,500 does exceed $2,500 in a calendar year.
(c) There was a break in services for at least 60 consecutive calendar days and the anticipated or actual remuneration for services following the break in services exceeds $2,500 unless:
(1) The contract is in writing.
(2) The break in service is during the term of the contract.
(3) The break in service is in accordance with the provisions of the contract.
Source. 1997, 263:26. 2007, 50:1, eff. July 20, 2007. 2012, 176:3, eff. Aug. 10, 2012. 2013, 47:1-3, eff. Aug. 3, 2013.