Your restaurant payroll gets flagged for non-compliance, and you face potential fines and hold-ups on state services if you don't file the required new hire information. In Memphis, Tennessee, this New Hire Reporting (also called a Tennessee New Hire Report) is mandated by the Tennessee Department of Labor & Workforce Development.
Analyzed from New Hire Reporting
86% from one compliance interview
Manual entry or document upload required
You must report all new hires to the Tennessee Department of Labor and Workforce Development (TDOL) within 20 days of their hire date as mandated by the Tennessee New Hire Reporting Act (Tenn. Code Ann. § 50-7-601 et seq.). This state law was enacted to enforce child support orders and is administered by the TDOL's Child Support Services Division. Failure to file these reports prevents the state from locating parents who owe support and triggers automatic compliance actions against your business. The requirement applies to every employer in Memphis, regardless of size or industry, and is separate from standard unemployment insurance registration.
Not filing, filing late, or submitting incorrect information has direct financial and operational consequences for your restaurant. Based on standard state enforcement actions, common penalties include:
Legal code: State unemployment insurance act, employer registration requirements
Recent update: As of 2026, the Tennessee Department of Labor emphasizes that all new hire reports must be submitted electronically through the state's designated portal, as paper filings are no longer accepted for initial reports.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required under the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and Tennessee law for any business with one or more employees. |
| Bar / Nightclub | Required | Required for the same federal and state reasons as restaurants; there is no exemption for alcohol-serving establishments. |
| Food Truck | Required | Required if the business has any paid employees; the mobile nature of the business does not create an exemption. |
| Coffee Shop / Café | Required | Required; even small operations with part-time baristas or counter staff must report new hires. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter the exact legal business name as it appears on your federal Employer Identification Number (EIN) confirmation letter from the IRS or your business registration with the Tennessee Secretary of State, using the full legal entity name (e.g., 'Downtown Diner, LLC' instead of 'The Diner').
COMMON MISTAKE: Using a DBA (Doing Business As) name or a shortened trade name instead of the registered legal entity name, which causes the report to be rejected for mismatched employer identification.
Enter the 9-digit Employer Identification Number (EIN) issued by the IRS to your business in the format XX-XXXXXXX, which is required for all businesses with employees in Memphis for wage and tax reporting.
COMMON MISTAKE: Entering a Social Security Number (SSN) or an incorrect EIN format (e.g., missing hyphens), leading to immediate rejection because the state cannot match the employer in its child support enforcement database.
Enter the complete physical street address of your business location in Memphis where the employee will work or payroll is administered, including street number, street name, city, state, and ZIP code.
COMMON MISTAKE: Providing a P.O. Box or a mailing address instead of a physical business address, which is not accepted for new hire reporting under Tennessee Code § 71-3-510.
Enter the employee's complete legal first, middle (if applicable), and last name exactly as it appears on their Social Security card or other government-issued identification.
COMMON MISTAKE: Using nicknames, omitting middle initials, or entering names in reverse order (last, first), which causes matching failures in the state directory and delays child support processing.
Enter the employee's 9-digit Social Security Number (SSN) in the format XXX-XX-XXXX, which is mandatory for all new hire reports in Tennessee to verify identity for child support and tax purposes.
COMMON MISTAKE: Transposing digits, using an incorrect SSN from the employee's Form I-9 documents, or formatting without hyphens, leading to immediate rejection for invalid SSN.
Enter the employee's date of birth in the MM/DD/YYYY format, as required by the Tennessee Department of Human Services to distinguish between individuals with similar names in their system.
COMMON MISTAKE: Switching the month and day (e.g., entering 15/07/1990) or using a different date format, which creates data inconsistencies and can delay report processing.
Enter the employee's current residential street address (not a P.O. Box) including city, state, and ZIP code, which is used by the state for child support enforcement and location verification.
COMMON MISTAKE: Leaving this field blank or providing an old address, which violates reporting completeness requirements under Tennessee's new hire regulations and can trigger follow-up requests.
Enter the two-letter postal abbreviation for the state where the employee physically reported to work or was hired, which for a Memphis restaurant is typically 'TN' unless the hire occurred in another state.
COMMON MISTAKE: Entering 'Tennessee' spelled out or the state code for the employee's home address, which can misdirect the report to the wrong state agency and cause processing delays.
Enter the first day the employee performed services for pay in the MM/DD/YYYY format, which must be reported to Tennessee within 20 days of this date as required by state law.
COMMON MISTAKE: Entering the date the offer letter was signed or the first scheduled shift instead of the first actual work date, potentially causing late filing penalties if the 20-day deadline is miscalculated.
Check this box only if the employee was previously employed by your business, separated, and is now being rehired, which affects how the state processes the report in its existing records.
COMMON MISTAKE: Failing to check the box for a legitimate rehire, which causes duplicate records in the state system and can lead to administrative notices for clarification.
ApronPrep auto-fills 12 of 14 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Many employers wait until their first payroll run or beyond to submit reports, missing the state's 20-day deadline from the employee's start date. This triggers automatic late notices and potential penalties from the Tennessee Department of Labor & Workforce Development (TDLWD). Avoid this by setting a calendar alert for each new hire's start date and reporting immediately upon onboarding, even if you haven't run payroll yet.
Businesses often assume reporting is only for brand-new employees, but Tennessee law requires reporting any employee returning to work after a separation of 60 days or more. Failing to report a rehire can delay child support processing and result in compliance notices. To avoid this, flag any employee returning after a two-month absence in your onboarding system for immediate reporting.
Typos or transposed digits in the SSN field are a top cause of processing errors. The TDLWD system cannot match the report for child support or other purposes with an incorrect SSN, rendering the filing ineffective. Double-check the SSN against the employee's Form I-9 or Social Security card before submission. Example: Entering 123-45-6789 instead of 123-45-6780 will cause a match failure.
ApronPrep auto-fills 12 of 14 fields from one compliance interview.
No credit card required
| City | Fee Range | Timeline |
|---|---|---|
| Knoxville | ||
| Memphis | ||
| Nashville | 20 days from date of hire |
Collect all required data for each new hire, which includes their full legal name, Social Security Number (SSN), home address, start date, and employer name, FEIN, and Memphis business address. You'll also need the employee's withholding allowance (W-4) and state withholding (Tennessee does not have a state income tax, so this is often 'N/A'). The #1 delay is incomplete SSNs or mismatched names between the I-9 and W-4 forms.
File your report electronically via the Tennessee Department of Labor & Workforce Development (TDOL) New Hire Reporting portal, by fax, or by mail. Memphis employers must report to the state, not the city. Online submission is fastest and provides immediate confirmation. You must include all data points listed in step 1 for each employee. Reports missing the employer's FEIN are a common cause of rejection.
Once submitted, the TDOL system will provide an electronic acknowledgment or confirmation number. For online submissions, this is immediate. For mailed reports, confirmation can take 7–10 business days. Save this confirmation as part of your employment records—it's your proof of compliance in case of a child support enforcement audit.
Applications go to the Tennessee department of unemployment assistance. Local procedures and fees may vary — select your city below.
This is one of 13 requirements for opening a restaurant in Tennessee.
federal
local
state
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsProcessing times vary significantly based on your submission method. Electronic filing directly to the Tennessee Department of Labor & Workforce Development (TDOL) New Hire Reporting website is instant upon confirmation. If submitting via mail or fax to the state, processing can take 7-10 business days, per the TDOL. Using a third-party service like ApronPrep, which submits electronically on your behalf, ensures immediate filing, avoiding any mail delays.
There are no government filing fees for submitting a New Hire Report to the Tennessee Department of Labor & Workforce Development. This is a federally mandated reporting requirement, not a local permit with an associated cost. Not legal advice — verify with TDOL for the most current information.
No, a New Hire Report is not a transferable permit; it is a one-time report for each newly hired employee. If you move your business, you must update your business address with the Tennessee Secretary of State by filing an Annual Report Filing or amendment. You will then use the new address for all future new hire reports filed with the state.
You do not renew a New Hire Report. It is a recurring filing obligation: you must report each new hire to the Tennessee Department of Labor & Workforce Development within 20 days of their hire date. Failure to report can result in penalties of $25 per employee for a late report and $500 for willful neglect, as stated in Tennessee Code Annotated § 50-8-106.
There is no physical inspection for New Hire Reporting. Compliance is verified through data matching by state agencies. However, maintaining proper employment records is critical for other inspections. For example, ensuring you have an Alcohol Server Training Certification for staff may be checked during a routine health department or ABC board inspection.
This guide is generated from ApronPrep's compliance dossier system, which uses 53 parallel AI authority experts to discover requirements, then downloads actual forms and generates field-level intelligence for each one.
For Tennessee specifically, we have analyzed compliance dossiers for 3 cities (Knoxville, Memphis, Nashville), generating Rich FILs (Form Intelligence Layers) with 14 form fields analyzed for this requirement. Fee data is sourced from actual county department fee schedules, not estimates.
Our data is verified against official government sources and updated when regulatory changes are detected. If you find an error, please report it — accuracy is our core commitment.
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