October 2020 (PM) — Question 1
Broker Y hired a new employee, Ms. Jane Doe, for a receptionist position. In this case, within how many days must Broker Y notify the CBP port director, in writing, that he/she has hired the new employee, Ms. Jane Doe?
- ATen calendar days after the new employee has been employed by the Broker Y for 30 consecutive days✓ CBP's answer
- BTen business days since hiring the new employee
- CSeven calendar days since hiring the new employee
- DFive business days after the new employee has been employed by the Broker Y for 45 consecutive days
- E30 calendar days since hiring the new employee
Why this answer
Under the edition tested, 19 CFR 111.28(b)(1)(ii) required a broker to submit the written employee information for a new employee within 10 calendar days after that employee had been employed for 30 consecutive days. The keyed option reproduces both elements: the 30-consecutive-day trigger and the 10-calendar-day deadline that follows it. The receptionist's job duties are irrelevant because the reporting rule reached the broker's employees generally, not only those handling customs work. The distractors either run the clock from the date of hire or convert the deadline into business days, and the from-hiring versions tempt most because reporting a new hire immediately sounds natural. Watch for: Starting the 10-day clock at hiring instead of after 30 consecutive days of employment.
Original CBLE Simulator explanation — the question and key above are CBP's; this analysis is ours. Verify against the current edition before relying on it in practice.
CBP's cited authority
Answer and citations as published in CBP's official answer key for the October 2020 (PM) examination.
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