§ 171-h. State directory of new hires. (1) Establishment. The\ndepartment shall establish an automated directory known as the "State\nDirectory of New Hires" which shall contain information supplied by\nemployers in accordance with subdivision three of this section,\nregarding each newly hired or re-hired employee.\n (2) Definitions. For the purposes of this section, the terms\n"employer," "employee," and "business day" shall have the following\nmeanings:\n (a) "employee" means an individual who is an employee within the\nmeaning of chapter twenty-four of the internal revenue code of 1986,\nincluding an individual under an independent contractor arrangement with\ncontracts in excess of twenty-five hundred dollars, and does not include\nan employee of a federal or state agency performing intelligence or\ncounterintelligence functions if the head of such agency has determined\nthat a report made pursuant to this section with respect to the\nindividual could endanger the safety of the employee or compromise an\nongoing investigation or intelligence mission.\n (b) "employer" means an individual or entity within the meaning given\nthe term employer in section three thousand four hundred one (d) of the\ninternal revenue code of 1986 and includes:\n (i) any governmental entity, and\n (ii) any labor organization as defined in section two (5) of the\nnational labor relations act, including any entity (also known as a\n"hiring hall") which is used by such labor organization and an employer\nto carry out the requirements described in section eight (f)(3) of the\nnational labor relations act with respect to any agreement that may\nexist between the labor organization and the employer.\n (c) "business day" means a day on which state offices are open for\nregular business.\n (3) Employer reporting requirements:\n (a) General. Employers shall furnish to the state directory of new\nhires a report that contains the name, address, and social security\nnumber of each newly hired or re-hired employee who works in the state,\nand the employer's name, address, and identification number as assigned\npursuant to section six thousand one hundred nine of the internal\nrevenue code of 1986. Employers also shall report if dependent health\ninsurance benefits are available and the date the employee qualifies for\nthe benefits.\n (b) Format. Each report shall be submitted on a W-4 (employee's\nwithholding allowance certificate) form or, at employer option, an\nequivalent form and transmitted by first class mail, magnetically, or\nelectronically to the state directory of new hires. In addition, if each\nreport is submitted on a W-4, an additional form as prescribed by the\ndepartment shall be submitted to report if dependent health insurance\nbenefits are available and the date the employee qualifies for the\nbenefits. That additional form shall be transmitted by first class mail,\nmagnetically, or electronically to the state directory of new hires.\n (c) Timing. Employers must submit reports to the state directory of\nnew hires within twenty calendar days of the employer's hiring or\nre-hiring of the employee. However, in the case of an employer\ntransmitting reports magnetically or electronically, by two monthly\ntransmissions (if necessary), such reports shall be transmitted not less\nthan twelve calendar days nor more than sixteen calendar days apart.\n (d) Multistate employers. An employer that has employees who work in\nNew York and employees who work in one or more other states, and\ntransmits reports magnetically or electronically, may designate New York\nor one of the other states in which such employer has employees as the\nstate to which the employer will transmit the report to the state\ndirectory of new hires. Any employer which transmits reports by this\nmethod must notify the secretary of the federal department of health and\nhuman services in writing as to which state such employer designates for\nthe purpose of sending reports.\n
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