Current through Register Vol. 56, No. 18, September 16, 2024
(a) In accordance with
42 U.S.C. §
653A(b)(1), a New Hires Directory shall be maintained. All
employers and labor organizations doing business in the State shall report to the Department or its designee:
1. The hiring of, or contracting with, any person who works in this State
and to whom the employer anticipates paying earnings, including contractors and independent contractors as
defined herein; and
2. The re-hiring or return to work of any
employee, contractor and/or independent contractor of the employer who is laid off, furloughed, separated,
granted a leave without pay, or terminated from employment in this State.
(b) Information in (a) above shall be reported within 15 days of the
hiring, re-hiring, or return to work of the employee, contractor or independent contractor, if the employer
reports electronically or magnetically, and 20 days if the employer utilizes another form of
reporting.
(c) The report in (a) above shall contain:
1. The employee's, contractor's, or independent contractor's name; address;
Social Security number; date of hire for employees or the date of service for either type of contractor; the
date services for remuneration were first performed by the employee or either type of contractor; and date of
birth; and indicate which of the following Federal forms the employer completes for the individual:
i. The Federal Form (W-4) for an employee; or
ii. The Federal Form (1099 "Miscellaneous") for contractors or independent
contractors providing a service when the payment for service is $ 600.00 or greater; and the
contractor's/independent contractor's Federal tax identification number; and
2. The employer's name, address, the state of hire or the state of
contract, and employer's Federal tax identification number (FEIN).
i. In the
event the reported address of the employer is different than the payroll address needed for wage withholding
purposes, both addresses should be submitted by the employer.
(d) An employer, who fails to report as required, shall be given a written
warning of non-compliance by the Department for the first violation and shall be subject to a civil penalty:
1. Which shall not exceed $ 25.00 per violation; or
2. If the failure to report is the result of a conspiracy between the
employer and employee, contractor, or independent contractor to not supply the required report or to supply a
false and incomplete report, the employer shall be subject to a civil penalty which shall not exceed $
500.00.
(e) Payment of the penalty shall be waived if,
in response to the imposition of the penalty, the person or entity complies with the reporting
requirement.
(f) No civil penalty shall be imposed upon an
employer or labor organization who reports the hiring of, or contracting with, the re-hiring or return to
work of any employee, contractor or independent contractor consistent with the Federal requirements which
include, the employee's, contractor's or independent contractor's name, address and Social Security number;
and the employer's name address and Federal tax identification number, when the employee's, contractor's or
independent contractor's date of birth is unavailable to the employer or labor organization.
(g) All penalties assessed under this section shall be paid to the State
Treasurer and may be recovered in a summary proceeding pursuant to N.J.S.A. 2A:58-1 et seq.
(h) New hire information may be disclosed to:
1. The National Directory of New Hires;
2. Agencies responsible for the administration of a program under Title
IV-A, Title XIX, Title I, Title XIV or Title XVI;
3. The agency
responsible for administration of the NJ SNAP program; and
4. The
agency operating the unemployment insurance benefit and workers' compensation programs.
(i) Any employer or labor organization doing business in this State who has
employees (including contractors and independent contractors) who are employed in two or more states, and has
designated a state other than this State for reporting new hire information, in accordance with
42 U.S.C. §
653A, shall be deemed in compliance with
P.L. 1998, c.
1.
(j) The State Parent Locator
Service (SPLS) shall be established to perform parent locator services.
(k) Through the automated child support system, location referrals to the
Federal Parent Locator Service (FPLS) shall be submitted electronically.
1.
Submission of the FPLS referrals, and the distribution, security and use of the returned information shall be
in accordance with Federal requirements contained in
45
C.F.R. 303.70, with instructions issued by the Federal Office of Child
Support Enforcement, and in accordance with N.J.A.C. 10:110-1.
2.
FPLS requests made by an individual meeting the criteria of an authorized person in non-IV-D locate-only
cases referenced at 10:110-3.2(f) 2 and (g)1 is limited by
42 U.S.C.
§
653. No information shall be disclosed to any person for the reasons
of domestic violence, confidentiality of census data, or when disclosure would contravene national policy or
the security interests of the United States, in accordance with
42 U.S.C.
§
653.
(l) In
accordance with N.J.A.C.
10:110-1.7, the OCSS shall have access, including automated access, when
feasible, to the following resources, if appropriate, for child support enforcement purposes:
1. Records of other state and local government agencies including, but not
limited to:
i. Bureau of Vital Statistics in the Department of
Health;
ii. Division of Taxation in the Department of the
Treasury;
iii. Records concerning real and titled
property;
iv. Records of occupational, professional, recreational
and sporting licenses;
v. Records concerning the ownership and
control of corporations, partnerships, and other business entities;
vi. Records of the Department of Labor and Workforce Development;
vii. Records of agencies administering public assistance
programs;
viii. Records of the Motor Vehicle
Commission;
ix. Records of the Department of Corrections,
including records relating to State-sentenced inmates and parolees; and
2. Records held by private entities, including information on the assets
and liabilities of individuals held by financial institutions and the names and addresses of individuals and
the names and addresses of the employers of the individual appearing in customer records of utility companies
and electronic communications and internet service providers, in accordance with
N.J.A.C.
10:110-5.2.
(m)
Personal sources, such as the relatives, friends, employers and landlords, may be contacted in order to
obtain location information.
(n) The use and disclosure of
information obtained through the sources identified in this section shall be in accordance with the rules
contained herein, and as detailed at 10:110-1.7.
(o)
Location resources may be used, when necessary, to also locate the custodial party for purposes of child
support only.
