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14 www.ohiorestaurant.org Summer 2012 Issue

questions. There’s also a manager interview rating section.

• Peace of mind through minimized risk. Just one of the new features includes a disclosure and authorization form pertaining to consumer reports and related background information. The Fair Credit Reporting Act (15 U.S.C. Sec. 1681b(b)(2)(A)(i)) requires that if an employer is going to obtain a consumer report* about the applicant from a consumer reporting agency, the employer should disclose that to the applicant and obtain an authorization

from the applicant. The disclosure is to be on a separate document.

How to order:

Go to the ORA’s website – www. ohiorestaurant.org – and select “Resources.” Then, select the “ORA Store” tab; once here, select “ORA Store, ORA Members.” You will then be prompted to provide your member log-in information. After you’ve entered this information, you’ll be redirected to a new screen where you’ll select “Business Tools, Employment

Application.” Follow the necessary steps presented to fnalize your purchase. You can also call ORA Member Services at (866) 559-6131 to purchase the employment applications packet.

* A consumer report is any written, oral or other communication of any information by a consumer reporting agency bearing on the individual’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living which is used or expected to be used in determining the individual’s eligibility for employment.

In 1996, the U.S. Congress enacted a law – the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) – as part of welfare reform that mandates employers in all 50 states must report new hires and rehired staff to a government agency. The government enacted the requirement for several reasons. Not only does new hire reporting speed up the child support income withholding order process, it also hastens the collection of child support payments from parents who frequently change jobs while helping locate non-custodial parents in regard to child support orders. Employers serve as key partners in ensuring fnancial stability for many children and families.

Who is required to report hirings and re-hirings?

Employers doing business in the state of Ohio must report the following employees and contractors to the Ohio New Hire Reporting Center.

• New employees: Employers must report all employees who reside or work in the state of Ohio to whom the employer anticipates paying earnings. Employees must be reported even if they work only one day and are terminated (prior to the employer fulflling the new hire reporting requirement). Ohio Revised Code, section 3121.89 defnes an “employee” as “an individual who is employed to provide services to an employer for compensation that is reported as income from wages.” According to the Trade Adjustment Assistance Extension Act of 2011, signed Oct. 21, 2011 by President Barack Obama, section 453A(a)(2) of the Social Security Act was amended and defnes a newly hired employee as an employee who has not previously been employed by the employer; or was previously employed by the employer but has been separated from such prior employment for at least 60 consecutive days. This amendment became effective Apr. 21, 2012. • Re-hires or recalled employees: Employers must report re-hires, or employees who return to work after being laid off, furloughed, separated, granted a leave without pay or terminated from employment. Employers must also report any employee who remains on the payroll during a break in service or gap in pay and then returns to work. This includes seasonal workers.

• Temporary employees: Temporary agencies are responsible for reporting any employee they hire to report for an assignment. Employees need to be reported only once and do not need to be re-reported each time they report to a new client. However, they do need to be reported as a re-hire if the worker has a break in service or gap in wages from your company.

When do employees have to report?

Ohio Revised Code Section 3121.89-3121.8911 requires all employers to submit their new hire reports within 20 days after the employee is hired or re-hired or returns to work. Employers who submit their report electronically shall submit the reports in two monthly transmissions not more than 16 days apart.

Where and how do I report new hires?

The Ohio New Hire Reporting Center, which can be accessed here: https://oh-newhire.com/, offers many options that make it easy for employers to report new hires, including online electronic reporting and non-electronic reporting that provides the Ohio New Hire Reporting Center with a printed list of new hires. An employer must provide all of the required information on the New Hire Reporting Form in at least 10-point font and have the employer’s name, Federal Employer Identifcation Number and address clearly displayed at the top of the report; or a W-4 Form that is easily readable and has the employer’s name, Federal Employer Identifcation Number and address written at the top of each form.

Reports of new hires can also be mailed directly to the Ohio New Hire Reporting Center at:

Ohio New Hire Reporting Center P.O. Box 15309, Columbus, Ohio 43215

Employers can also fax their lists of new hires to the Ohio New Hire Reporting Center toll-free at: (888) 872-1611. If you have any additional questions, contact the Ohio New Hire Reporting Center at (888) 872-1490.

Understanding the Importance of New Hire Reporting

Employers must fle specifc information with the proper government agencies within 20 days of a new employee’s start date