2A:17-56.61 Reports from employers, labor organizations; noncompliance; penalties.
12. a. All employers, labor organizations, or other entities doing business in the State, which employ or contract with any person for financial compensation, including technology platforms used for ride-sharing, delivery, or other services, shall report to the department or its designee as follows: (1) the hiring of, or contracting with, any person who works in this State and to whom the employer pays or anticipates paying earnings, or any other financial compensation, including earnings reported on a Form 1099; (2) the re-hiring or return to work of any employee who is laid off, furloughed, separated, granted a leave without pay, or terminated from employment in this State; and (3) any other employee hired by the employer to work in the State who was not previously employed by the employer; or was previously employed by the employer but has been separated from the prior employment for at least 60 consecutive days. b. An employer or other entity, which employs or contracts with any person pursuant to subsection a. of this section, shall submit the information required in this subsection within 20 days of the hiring, re-hiring, return to work, or contracting of the employee or person, except that an employer or other entity who transmits reports magnetically or electronically shall report every 15 days in accordance with rules adopted by the commissioner. The report shall contain: (1) the employee's or a contracted person’s name, address, date of birth, and Social Security number; and (2) the employer's or entity’s name, address, and federal tax identification number. c. An employer or entity who fails to report, as required in this section, shall be given a written warning by the department for the first violation and shall be subject to a civil penalty which shall not exceed: $25 per violation, or, if the failure to report is the result of a conspiracy between the employer and the employee, or the entity and the contracted person, to not supply the required report or to supply a false or incomplete report, $500. Payment of the penalty may not be required, however, if in response to the imposition of the penalty, the person or entity complies immediately with the new hire reporting requirements. All penalties assessed under this section shall be payable to the State Treasurer and may be recovered in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). d. The information provided pursuant to this section shall be shared with State agencies operating employment security and workers' compensation programs and with any other federal or State agency deemed appropriate by the commissioner. L.1998, c.1, s.12; amended 2013, c.169; 2025, c.361.