Rehired employees
A rehire is the first day an employee works again after a termination. A break of under 60 days, such as unpaid medical leave, is not a termination. Source: dphhs.mt.gov↗ (opens in a new tab)
Multistate employers
Employers reporting electronically with staff in several states may pick one state for all reports, but must notify the federal Department of Health and Human Services first. Source: dphhs.mt.gov↗ (opens in a new tab)
Penalties
No state penalty amount is published. Federal law lets states fine up to $25 per unreported new hire, or $500 if employer and employee conspire. Source: mca.legmt.gov↗ (opens in a new tab)
The law and where to check
The law: Mont. Code Ann. § 40-5-922 (opens in a new tab)
The agency: Montana DPHHS Child Support Services Division, New Hire Reporting Program (opens in a new tab)
What federal law says
Federal law requires every employer to report each new hire to the state's new hire directory within 20 days, or sooner if the state sets a shorter deadline. States use the reports for child support. Source: Social Security Act § 453A↗ (opens in a new tab)
New hire reporting checklist for Montana employers
A simple order of work, based on the rules above. It is not a legal checklist.
- Collect the employee's Form W-4 details on day one.
- Report to the state shown above before the deadline.
- Include every required data field, including any state extras.
- Report rehires and, where required, independent contractors.
- Multistate employers: pick one state and register with HHS, or report to each state.
- Keep a copy or confirmation of each report.
More Montana employment law guides
- All Montana employment laws
- Montana final paycheck law
- Montana paid sick leave law
- Montana meal and rest break laws
- Montana overtime law
- Montana pay frequency law
- Montana vacation and PTO payout law
- Montana at-will exceptions
New hire reporting laws in other states
See every state on one page, or pick a state:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Sources
All official government sources, last checked October 19, 2026.
Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.
Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.