Federal and state law require employers to report new hires and rehires within 20 calendar days from the date in which the employee starts earning wages. If reporting electronically, employers are required to report 12 to 16 days apart.
All newly hired or rehired employees who live or work in any state must be reported. A good rule of thumb is if the employee is required to fill out a W-4 form, that employee must be reported.
New hire information received from employers is entered into a statewide registry and then transmitted to the National Directory of New Hires. The Child Support Division of the Office of the Attorney General is the designated agency for new hire reporting in Texas.
What Is a “Rehire”?
An employee is considered to be rehired on the first day on which the employee is owed compensation by the employer following a termination of employment or lay-off. If an employee who is returning to work is required to complete a new W-4 form, they must be reported as a new hire. This applies to seasonal, temporary, part-time, and full-time employees.
- If the returning employee had not been formally terminated or removed from payroll records, there is no need to report that employee as a new hire.
- If the employee was under income withholding when previously employed by that employer, income withholding would still be required by the employer.
If your agency is paying wages to the employee, you must submit a new hire report. If your agency only refers people for employment and does not pay wages, new hire reports are not necessary. The employer who actually pays the person will be required to report the new hire information.
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