Criminal history inquiry — timing restrictions
Vermont employers are prohibited from requesting criminal history record information on an initial employment application form. Employers may inquire about a prospective employee's criminal history during an interview or once the prospective employee has been deemed otherwise qualified for the position. An exception permits criminal-history questions on the initial application when federal or state law creates a mandatory or presumptive disqualification based on conviction for specific criminal offenses for that position. Violations carry a civil penalty of up to $100 per violation.
Source: 21 V.S.A. § 495j
New hire reporting — timing, method, and required information
Vermont requires every employer to report newly hired and rehired employees to the Vermont Department of Labor within 10 calendar days of the first date of employment. "First date of employment" means the first day services are performed for compensation as a new hire. An employee who returns after a separation of at least 60 consecutive days is treated as a new hire and must be reported.
Required information includes seven elements:
- Employee: name, address, Social Security number, and first date of employment.
- Employer: name, address, and federal employer identification number (FEIN).
Reporting methods vary by volume. Employers filing more than 10 new hire reports must report electronically. Employers filing 10 or fewer reports may submit online through the Vermont Department of Labor Employer Online Services portal (the preferred method), or may use paper forms (Form C-61 or an employer-designed form that includes all seven required elements) submitted by mail or fax.
Who must be reported. An employer must report any individual who is an employee within the meaning of Internal Revenue Code § 3401(d) (i.e., an employee for federal income tax withholding purposes). Independent contractors generally are not reportable. The statute excludes federal or state intelligence or counterintelligence employees if the agency head determines that reporting would endanger safety or compromise an ongoing mission. The same individual needs to be reported only once unless there is a break in service requiring a new Form W-4.
Penalty for collusion. If the failure to report results from a conspiracy between the employer and the employee to avoid child support enforcement or other obligations, the employer is liable to the obligee for the wages that should have been withheld, up to a maximum of $500.
The new hire data is used primarily for child support enforcement, and the Department of Labor may also use the information to assist with unemployment insurance administration.
Source: 33 V.S.A. § 4110