16 Va. Admin. Code § 5-32-20

Current through Register Vol. 41, No. 8, December 2, 2024

Section 16VAC5-32-20 - Required reports

A. Each employer, as defined in § 60.2-210 of the Code of Virginia, shall report to the Virginia Employment Commission (commission) for each calendar quarter all the information concerning the number of workers subject to the Virginia Unemployment Compensation Act (the Act) (§ 60.2-100 et seq. of the Code of Virginia) and the total wages payable with respect to employment in all pay periods ending within each such quarter. Upon request, each such employer shall furnish the commission additional information revealing the wages earned by an individual in the individual's employment during the time between the last pay period for which wages were paid in any quarter and the end of such quarter.

B. Each employer shall report quarterly, not later than the last day of the month following the end of the calendar quarter, the following information in the format prescribed by the commission:

1. Employer's name, address, and any registration number assigned to the employer by the commission;

2. The quarterly period covered by the report;

3. The social security account numbers of the workers;

4. The full legal names of workers, with surnames last; and

5. Each worker's total wages paid for the quarter.

Such reports shall be submitted for each calendar quarter of each year.

C. An employer shall immediately notify the commission of the filing of any voluntary or involuntary petition in bankruptcy or other proceeding under the Federal Bankruptcy Code, the commencement of any receivership or similar proceeding, or of any assignment for benefit of creditors, and any order of court under the laws of Virginia with respect to the foregoing.

D. Each employing unit shall make such reports as the commission may require and shall comply with instructions of the commission pertaining to the preparation and return or submission of such reports.

1. Any employing unit that becomes an employer shall give notice to the commission of that fact within 30 days. The notice shall contain the employer's name, home address, business address, and name of business, if any.

2. Any employer who terminates the employer's business for any reason or transfers or sells the whole or any part of the employer's business or changes the name or address, or both of the employer's business shall within 30 days of such action give notice of such fact in writing to the commission. The notice shall contain the employer's name, address, and account number, along with the name, address, and account number of any new owner or part owner.

E. Every corporation shall file with the commission a verified list of its officers and registered agent. Where it is claimed that any of the officers are not in the corporation's employment, a complete statement of the reasons shall be presented with said list.

An officer of a corporation, to be considered as being in the employment of a corporation, shall perform services, and these services shall be performed either (i) for remuneration or (ii) under a contract of hire.

F. At the time of separation from employment, an employer shall provide a copy of the required Separation Notice to Workers regarding availability of unemployment compensation to any employee who is separated from such employer. Such notice shall be provided in person or electronically to the individual at the time of separation or mailed to the individual's last known address.

16 Va. Admin. Code § 5-32-20

Derived from VR300-01-3:1 §2, eff. December 14, 1994; amended, Virginia Register Volume 18, Issue 26, eff. November 3, 2002; Amended, Virginia Register Volume 38, Issue 22, eff. 7/20/2022; Amended, Virginia Register Volume 40, Issue 20, eff. 7/4/2024.

Statutory Authority: §§ 60.2-111 and 60.2-115 of the Code of Virginia.