October 20, 2021

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A Increasing Number of States, Which includes Virginia, Have Began Necessitating Reporting of Unbiased Contractors to the Condition New Employ Listing | Miles & Stockbridge P.C.

Below federal legislation, all employers (which include community, personal, government and not-for–profit companies, and employment businesses) are required to report certain info about new workers hired within 20 days of the personnel commencing function to the Nationwide Directory of New Hires (NDNH). No business enterprise is exempt from reporting. Employers should also report re-hires or staff who return to do the job immediately after 60 days of remaining laid off, furloughed, divided, granted a leave with no pay or terminated from employment.

The plans of new-seek the services of reporting are to 1) help people to get payments less than boy or girl assistance orders by means of wage garnishments, wage assignments and many others., and 2) detect and avert fraud in government advantages payments this sort of as unemployment benefits and employees compensation benefits.

Federal legislation does not have to have employers to report unbiased contractors. On the other hand, 16 states currently call for businesses to report independent contractors. With minor see or fanfare, Virginia started necessitating employers to report recently employed independent contractors productive July 1, 2020. Presently, Maryland and D.C. do not have to have reporting of unbiased contractors. Virginia defines a contractor as an individual who (i) presents any company performed for remuneration or under any agreement of seek the services of, prepared or oral, convey or implied, and (ii) is not an staff pursuant to the definition of “work” in Virginia Code § 60.2-212. So, it appears that a Virginia employer would not have to report entities (as opposed to men and women) with which it enters into an impartial contractor connection.

The federal Office environment of Youngster Aid Enforcement (part of the U.S. Office of Overall health and Human Services) gives states with a quarterly report made up of information and facts on companies who may possibly not have documented all new hires as required. Making use of the quarterly report, states could mail notices to businesses that look to be noncompliant in reporting their new hires. States also have the alternative of imposing civil financial penalties for noncompliance not to exceed $25 per freshly employed personnel and may perhaps also impose nonmonetary civil penalties for noncompliance. Criminal penalties might also be implemented in egregious instances. Virginia has not adopted any penalties for noncompliance. Nonetheless, it is suggested that Virginia businesses that might not have found this new need get started reporting recently employed and re-hired impartial contractors on a going forward foundation.

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