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The U.S. government requires that organizations report various types of data to it. The following is a list of some of the most common reports that must be filed, and some of the federal agencies that require organizations to report specific information.
Reports required of most organizations:
- ERISA 5500
- EEO1 report
- VETS-100
- Social Security Administration
- Internal Revenue Service reporting
- Employment Standards Administration, Office of Labor-Management Standards
ERISA 5500
The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntary established pension and welfare plans in private industry to provide protection for plan participants. It pre-empts state laws that relate to employee benefit plans.
For example, if organizations maintain a pension plan, ERISA specifies when employees must be allowed to become a participant, how long employees have to work before earning a non-forfeitable interest in their pension, how long they can be away from their job before it might affect their benefits, and whether their spouses have a right to part of their pension in the event of their death.
ERISA does not require any employer to establish a pension or welfare plan. It only requires that those who establish plans meet certain requirements. The law generally does not specify how much money a participant must be paid as a benefit.
Annual return/ Report Form 5500 Series
Each year, pension and welfare benefit plans generally are required to file an annual return/report regarding their financial condition, investments, and operations. The annual reporting requirement is generally satisfied by filing the Form 5500 Annual Return/Report of Employee Benefit Plan and any required attachments.
The Department of Labor, Internal Revenue Service, and the Pension Benefit Guaranty Corporation jointly developed the Form 5500 series so employee benefit plans could utilize the Form 5500 to satisfy annual reporting requirements under Title I and Title IV of ERISA and under the Internal Revenue Code.
The Form 5500 Series is an important compliance, research, and disclosure tool for the Department of Labor, a disclosure document for plan participants and beneficiaries, and a source of information and data for use by other federal agencies, Congress, and the private sector in assessing employee benefit, tax, and economic trends and policies. The Form 5500 Series is part of ERISA’s overall reporting and disclosure framework, which is intended to assure that employee benefit plans are operated and managed in accordance with certain prescribed standards and that participants and beneficiaries, as well as regulators, are provided or have access to sufficient information to protect the rights and benefits of participants and beneficiaries under employee benefit plans.
EEO-1 report
In the interests of consistency, uniformity and economy, Standard Form 100 has been jointly developed by the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs of the U. S. Department of Labor, as a single form which meets the statistical needs of both programs.
The filing of Standard Form 100 is required by law; it is not voluntary. Under section 709(c) of Title VII, the Equal Employment Opportunity Commission may compel an employer to file this form by obtaining an order from the United States District Court.
Under Section 209(a) of Executive Order 11246 the penalties for failure by a Federal contractor or subcontractor to comply may include termination of the Federal government contract and debarment from future Federal contracts.
Who must file
Standard Form 100 must be filed by:
All private employers who are:
- Subject to Title VII of the Civil Rights Act of 1964 (as amended by the Equal Employment Opportunity Act of 1972) with 100 or more employees EXCLUDING State and local governments, primary and secondary school systems, institutions of higher education, Indian tribes and tax-exempt private membership clubs other than labor organizations; or
- Subject to Title VII who have fewer than 100 employees if the company is owned or affiliated with another company, or there is centralized ownership, control or management (such as central control of personnel policies and labor relations) so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
- Are not exempt as provided for by 41 CFR 60-1.5,
- Have 50 or more employees, and (a) are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; (b) serve as a depository of Government funds in any amount; or (c) is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Notes.
How to file
All single-establishment employers, i.e., employers doing business at only one establishment in one location, must complete a single Standard Form 100.
All multi-establishment employers, i.e. employers doing business at more than one establishment, must file:
- A report covering the principal or headquarters office;
- A separate report for each establishment employing 50 or more persons;
- A consolidated report that MUST include ALL employees by race, sex and job category in establishments with 50 or more employees as well as establishments with fewer than 50 employees; and
- A list, showing the name, address, total employment and major activity for each establishment employing fewer than 50 persons, must accompany the consolidated report.
All forms for a multi-establishment company must be collected by the headquarters office for its establishments or by the parent corporation for its subsidiary holdings and submitted in one package.
For the purposes of this report, the term parent corporation refers to any corporation which owns all or the majority stock of another corporation so that the latter stands in the relation to it of a subsidiary.
When to file
This annual report must be filed with the Joint Reporting Committee not later than September 30. Employment figures from any pay period in July through September may be used. Those employers with previous written approval to report year-end figures may continue to do so.
Where to file
The completed report should be forwarded in one package to the address indicated in the survey mailout memorandum.
VETS-100
Any contractor or subcontractor with a contract of $25,000 or more with the Federal Government must take affirmative action to hire and promote qualified targeted veterans which includes, special disabled veterans, veterans of the Vietnam-era, recently separated veterans, and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized.
Contractors and subcontractors with openings for jobs, other than executive or top management positions, positions which are to be filled from within the contractor’s organization, and positions lasting three days or less, must list them with the nearest State Job Service (also known as State Employment Service) office. The requirement applies to vacancies at all locations of a business not otherwise exempt under the company’s Federal contract. Qualified targeted veterans receive priority for referral to Federal contractor job openings listed at those offices. The priority for referral does not guarantee that referred veterans will be hired.
Federal contractors are not required to hire those referred, but must have affirmative action plans. Contractors with at least 50 employees and a contract of $50,000 or more must have a written affirmative action plan. They must be able to show they have followed the plans and that they have not discriminated against veterans or other covered groups. They must also show that they have actively recruited targeted veterans and disseminated all promotion information internally regarding promotion activities.
Companies must file an annual VETS-100 report, which shows the number of targeted veterans in their work force by job category, hiring location, and number of new hires, including targeted veterans hired during the reporting period and the maximum number and minimum number of employees of such contractor during the period covered by the report. Instructions, information and follow-up assistance is provided at VETS-100 Internet site at http://vets100.cudenver.edu/ or employers may contact the VETS-100 Processing Center at (703) 461-2460 or e-mail helpdesk@vets100.com .
For information about how to list a job opening, contact the nearest State Job Service office listed in the telephone book.
For copies of Affirmative Action Obligations of Contractors and Subcontractors for Disabled Veterans and Veterans of the Vietnam Era, Rules and Regulations, contact:
Office of Federal Contract Compliance Programs
Employment Standards Administration
200 Constitution Ave., NW
U.S. Department of Labor
Washington, D.C. 20210
Social Security Administration reporting
Each year, employers must send Copy A of Forms W-2 (Wage and Tax Statement) to the Social Security Administration (SSA) by the last day of February (or last day of March if you file electronically) to report the wages and taxes of employees for the previous calendar year.
In addition, employers must give a W-2 to each employee by January 31 (for individual income tax purposes.) W-2s are sent to SSA along with a Form W-3 (Transmittal of Income and Tax Statements).
Employers are required to file Form W-2 for wages paid to each employee from whom:
- Income, social security, or Medicare taxes were withheld; or
- Income tax would have been withheld if the employee had claimed no more than one withholding allowance or had not claimed exemption from withholding on Form W-4, Employee’s Withholding Allowance Certificate.
Copy A of Form W-2
Each year employers send to SSA Copy A of Forms W-2. SSA matches the name and Social Security number (SSN) on each W-2 against its database of all SSNs issued. When a match is found, the earnings information from the W-2 is recorded in the employee’s lifelong earnings history.
The earnings history is the basis for determining an employee’s future eligibility and benefit amount for SSA’s retirement, disability, and survivors programs. That’s why it is critical that each employee’s name and SSN as shown on their Social Security card match payroll records and year-end Forms W-2.
The Internal Revenue Service’s Publication 15 (Circular E, Employer’s Tax Guide) contains instructions for recording employees’ names and SSNs. The tax guide states that after an employee is hired, you should ask to see his/her Social Security card. The employee is required to show you the card if it is available. You may, but are not required to, photocopy the card.
How to make the critical link
Update Your Payroll Records — Ask employees to verify their name and SSN before you close out your books and prepare Forms W-2. If a name has changed, continue to use the old name and tell the employee to contact Social Security to obtain an updated card. Using a new name before the employee updates Social Security’s records may prevent the posting of earnings. Employers must update payroll records only when the employee obtains an updated Social Security card with the new name.
Avoid These Common Errors — Some of the most common errors that are made in reporting information to the SSA are:
- Incorrect name or SSN;
- Misspelled names;
- Using nicknames or shortened names,
- Using titles before or after the name; and
- Name changes not reported to Social Security.
Verify names/SSNs with SSA
Employers can use Social Security’s free service to match employees’ names and SSNs with Social Security’s records at the time of hire or before they prepare and submit Forms W-2. There are three verification options. If an employer has:
- Up to 5 Names/SSNs — They can be verified over the phone while you wait. Call 1-800-772-6270 and have available your Company Name and Employer Identification Number and the employee’s full name (including middle initial), SSN, date of birth, and gender.
- Up to 50 Names/SSNs — Contact the Local Social Security Office.
- Over 50 Names/SSNs — Submit the names on magnetic tape, cartridge, diskette, or paper. A simple registration process is required. If an employer discovers that an employee’s SSN is incorrect, the employer should ask to see the employee’s Social Security card to assure that the SSN and name are shown correctly in your payroll records. If the information matches, ask the employee to check with any Social Security Office to determine and correct the problem. Employers should document the action taken to obtain the correct SSN and continue to report using the SSN given to you by the employee. Employers who get a corrected name and/or SSN from the employee after they filed Form W-2, should submit a Form W-2c to make the correction.
Internal Revenue Service reporting
Employers are responsible for several federal, state, and local employment taxes. At the federal level, these include:
- Income tax,
- Social Security and Medicare taxes, and
- Unemployment taxes.
Basic compliance requirements
Below are the basic requirements for tax and wage reporting compliance:
- Determine employer identification number (EIN) requirements, complete and submit EIN Request Form SS-4.
- Determine employee status, verify work eligibility by filing Form I-9.
- Request Form W-4, the employee withholding form, verify employee ID information (SSN), and receive if applicable, earned income credit (EIC) eligibility by filing Form W-5. Employers should not pay the advance credit out if the employee doesn’t qualify. Internal Revenue Code requires that on any tax return claiming the earned income credit (EIC), the husband must have an SSN (not an ITIN); the wife must have an SSN (not an ITIN); and any qualifying child must have an SSN (not an ITIN).
- Calculate and deduct employees’ income tax, social security, and Medicare amounts.
- Make required deposits of taxes withheld plus any related employer taxes.
- File Form 941 quarterly, and Form 940 annually. Send in Forms W-4 each quarter with Form 941 when the employee claims more than 10 withholding allowances; or exemption from withholding, and his or her wages would normally be more than $200 per week.
- Other forms may also be required (e.g. Form 943 for agricultural labor).
- File Form(s) W-2 (Wage and Tax Statement).
- File Form(s) W-3 (Transmittal of Wage and Tax Statement).
- File Form 945 (Annual Return of Withheld Federal Income Tax).
- File Form 1096 (Annual Summary and Transmittal of U.S. Information Returns).
- 1099 Forms - For certain types of income, a Form 1099 must be used with the federal tax return. Employers will not usually attach a 1099 series form to their return, except when they receive a Form 1099-R that shows income tax withheld. Keep all other 1099s with tax records. There are numerous 1099s.
- File Form 8027 (Employer’s Annual Informational Return of Tip Income and Allocated Tips).
- Check for required information returns and file those applicable to your business.
- Complete Form W-5 (Earned Income Credit Advance Payment Certificate) This form is retained by the employer.
- Determine business tax and wage reporting records to be kept, determine period to be kept, and maintain records.
Employment Standards Administration, Office of Labor-Management Standards
The Labor-Management Reporting and Disclosure Act of 1959, as amended (LMRDA), and the Civil Service Reform Act of 1978 (CSRA) require certain reports to be filed with the U.S. Department of Labor by labor unions, union officers and employees, employers, labor relations consultants, and surety companies.
The LMRDA applies to labor organizations which represent private sector employees and U.S. Postal Service employees while the CSRA applies to labor organizations which represent employees in most agencies of the executive branch of the Federal Government. The regulations implementing the standards of conduct provisions of the CSRA incorporate many LMRDA provisions, including those related to labor organization reporting requirements. (Federal sector labor organizations subject to the Foreign Service Act or the Congressional Accountability Act are also required to file the union reports.)
All reports must be filed with the U.S. Department of Labor, Employment Standards Administration, Office of Labor-Management Standards (OLMS). Each reporting form prescribed by OLMS and the type of information to be reported are discussed in this pamphlet. The appendix at the back of this pamphlet lists the name and number of each form, the persons who are required to sign and file it, and its due date.
General reporting requirements
The Labor-Management Reporting and Disclosure Act of 1959, as amended (LMRDA), and the Civil Service Reform Act of 1978 (CSRA) require certain reports to be filed with the U.S. Department of Labor.
Who must report?
The reporting requirements apply to:
- Labor organizations, except state or local central bodies and unions representing public employees whose employer is any state or political subdivision of a state, such as a county or municipality;
- Officers and employees of such unions;
- Employers;
- Labor relations consultants; and
- Surety companies
- Information report Form LM-1;
- Annual Financial reports — Form LM-2, Form T-1, Form LM-3, Form LM-4, and Simplified Annual reports;
- Terminal Labor Organization Reports;
- Trusteeship Reports — Form LM-15, Form LM-16, and Form LM-15A;
- Labor Organization Officer and Employee Reports — Form LM-30;
- Employer Reports — Form LM-10;
- Labor Relations Consultant Reports — Form LM-20 and Form LM-21; and
- Surety Company Reports — Form S-1
Where to file
All reports must be filed with the U.S. Department of Labor at the following address:
U.S. Department of Labor
Employment Standards Administration
Office of Labor-Management Standards
200 Constitution Avenue, NW
Washington, DC 20210
Recordkeeping
Every person who is required to file a report under the LMRDA or the CSRA, either as an individual or as an officer of a union or employer, is responsible for maintaining records which will provide in sufficient detail the information and data necessary to verify the accuracy and completeness of the report. These records must be kept for at least five years after the date the report is filed. Any record necessary to verify, explain, or clarify the report must be retained, including, but not limited to, vouchers, worksheets, receipts, and applicable resolutions.