New Hire Reporting Law Summaries

New Hire Reporting Law Summaries

Kentucky, New Hire Reporting Law Summaries

Kentucky's new hire reporting law is located in the Kentucky Revised Statutes Annotated at Title XXXV, Chapter 405.

WHAT THE EMPLOYER MUST DO

An employer or labor organization in Kentucky must provide information to the Cabinet for Families and Children when that employer or labor organization hires an employee who resides or works in the state, or rehires or permits the return to work of an employee who has been laid off, furloughed, separated, granted a leave without pay, or terminated from employment, unless the reporting could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission as determined by the Secretary of Families and Children (Sec. 405.435, as amended by H. 166, L. 2000).

When to report/contents of report.- The employer must provide the information within 20 days of the hiring or return to work of the employee. The information must include (Sec. 405.435, as amended by H. 166, L. 2000):

1. the employee's name, address and social security number; and

2. the employer's name, address and, if the employer has been assigned one, federal and state employer identification numbers.

Form of report.- An employer must report the required information by submitting a copy of the employee's W-4 form or, at the option of the employer, an equivalent form provided by the Cabinet for Families and Children (Sec. 405.435, as amended by H. 166, L. 2000).

Exceptions.- An employer is not required to report the information when the hiring, rehiring or returning to work involves (Sec. 405.435, as amended by H. 166, L. 2000):

1. an employee to whom the employer pays wages of less than $300 each month; or

2. an employee who is under 18.

Failure to report.- If the employer fails to report as required, the Cabinet for Families and Children will give the employer written notice of the reporting requirements, including the penalty for failure to report. If the employer has not filed a report within 20 days from the date that the written notice is sent to it, the Cabinet will send a second written notice (Sec. 405.435, as amended by H. 166, L. 2000).

If the employer fails to file a W-4 or equivalent form within 20 days from the date that the second written notice is sent, or supplies a false or incomplete report, and the failure is a result of a conspiracy between the employee and the employer to prevent the proper information from being filed within the required time, the Cabinet for Families and Children will send the employer by certified mail, return receipt requested, notice of an administrative fine. The fine will be $250 per calendar month per person for any violation occurring after the second notice has been given, and continuing until a W-4 or equivalent form is received by the Cabinet. No fine will be imposed for any period of less than one full calendar month (Sec. 405.435, as amended by H. 166, L. 2000).

The employer has 10 days after receipt of the administrative fine notice to request a hearing before the Cabinet for Families and Children on whether the fine was properly assessed (Sec. 405.435, as amended by H. 166, L. 2000).

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WHO TO CONTACT

For more information, contact the Kentucky New Hire Reporting Center, P.O. Box 1130, Richmond, VA 23218-1130; Telephone: (804) 771-9602 or 1-800-817-2262; Fax: (804) 771-1908 or 1-800-817-0099.