                                 CODE OF VIRGINIA

VIRGINIA NEW HIRE REPORTING CENTER; STATE DIRECTORY OF NEW HIRES; REPORTING BY
EMPLOYERS (§ 63.2-1946)

A. For the purposes of this section:
			&#8220;New independent contractor&#8221; means an independent contractor who
(i) has not previously had a contract with an employer or (ii) had previously
entered into a contract and has received a payment pursuant to the agreement
after receiving no payments for at least 60 consecutive days.
			&#8220;Newly hired employee&#8221; means an individual in employment, as
defined in &#xA7; 60.2-212, who (i) has not previously been in the employment of
the employer or (ii) was previously in the employment of the employer but has
been separated from such prior employment for at least 60 consecutive days.

B. The Virginia New Hire Reporting Center shall be operated under the authority
of the Division of Child Support Enforcement. The Center shall operate and
maintain the Virginia State Directory of New Hires. The Center is authorized to
share information with the Virginia Employment Commission.

C. Each employing unit shall submit information concerning each newly hired
employee to the Center within 20 days of the employment, as defined in &#xA7;
60.2-212, of the newly hired employee. The information shall include the items
required by &#xA7; 453A of the Social Security Act, 42 U.S.C. &#xA7; 653a, as
amended.

D. Any employer that contracts with an independent contractor shall submit
information concerning each new independent contractor to the Center within 20
days of the start of the contract. The information shall include items required
by &#xA7; 453A of the Social Security Act, 42 U.S.C. &#xA7; 653a, as amended.

E. Employers who transmit such reports magnetically or electronically shall, if
necessary, report by two monthly transmissions not less than 12 days nor more
than 16 days apart. Employers that have employees who are employed in or
independent contractors who are contracted to provide services in two or more
states and that transmit reports magnetically or electronically may comply by
designating one state in which such employer has employees or independent
contractors to which the employer will transmit the report and transmitting such
report to such state. Such employers shall notify the federal Secretary of
Health and Human Services in writing as to which state is designated for the
purpose of sending reports and shall provide a copy of that notification to the
Virginia New Hire Reporting Center.

F. Employers shall not report an employee or independent contractor of a state
agency performing intelligence or counterintelligence functions, if the head of
such agency has determined that such reporting could endanger the safety of the
employee or independent contractor or compromise an ongoing investigation or
intelligence mission.

G. Information to be provided shall include only that information that is
required by federal law. This information may be provided by mailing a copy of
the employee&#8217;s W-4 form or the independent contractor&#8217;s W-9 form,
transmitting information magnetically or electronically in the prescribed format
or by any other means determined by the Virginia New Hire Reporting Center to
result in timely reporting. Within three business days after the date
information regarding a newly hired employee or new independent contractor is
entered into the Virginia State Directory of New Hires, the Center shall furnish
the information to the National Directory of New Hires established under &#xA7;
453(i) of the Social Security Act, as amended.

H. The Division of Child Support Enforcement shall use information received
pursuant to this section to locate individuals for purposes of establishing
paternity and establishing, modifying, and enforcing child support obligations
and may disclose such information in accordance with existing law to carry out
such purposes. The Division shall have access to information reported by
employers pursuant to this section.

I. The Board shall have the authority to adopt regulations as necessary,
consistent with the federal law and its implementing regulations, to administer
this provision, including any exemptions and waivers that are needed to reduce
unnecessary or burdensome reporting.

HISTORY: 1998, c. 108, § 63.1-274.11; 2002, c. 747; 2013, c. 329; 2020, c. 722.