This week’s question comes from Jon, a sole proprietor: I run my business as a sole proprietorship. Can I pay myself wages and withhold taxes? Answer: Sole proprietors are considered self-employed and are not employees of the sole proprietorship. They cannot pay...
Humboldt County Employers May Request 60-Day Extension
According to the California Employment Development Department (EDD), employers in the county of Humboldt directly affected by the damage resulting from the fire may request up to a 60-day extension of time from EDD to file their State payroll reports and/or deposit...
Retirement Plan Transfer Disallowed Under Section 401(a)
In Rev. Rul. 2008-45, the IRS ruled that the transfer of the sponsorship of a retirement plan from an employer to an unrelated entity when not connected “with a transfer of business assets, operation, or employees” is a violation of the exclusive benefit rule of...
Unemployment Insurance Weekly Claims Report Update for August 2, 2008
According to the US Department of Labor, in the week ending August 2, the advance figure for seasonally adjusted initial claims was 455,000, an increase of 7,000 from the previous week's unrevised figure of 448,000. The 4-week moving average was 419,500, an increase...
Tip of the Week: Create Customizable Reports Using PayChoice Online
Do you need to create reports using payroll data over a time period? Using PayChoice Online you can prepare unlimited customizable reports. You can create payroll history for a single employee, entire departments, or all your employees and use these reports to help...
US Department of Labor Issues Opinion Letter on Break and Meal Periods
The US Department of Labor recently issued non-Administrator signed Opinion Letter FLSA2008-7NA. Although Opinion Letters only apply to the exact set of facts and circumstances presented in each case, they are a valuable aid in understanding current interpretations of...
Unemployment Rate Rose to 5.7% in July
The unemployment rate rose to 5.7 percent, and nonfarm payroll employment continued to trend down in July (-51,000), the Bureau of Labor Statistics of the U.S. Department of Labor reported Friday. Employment continued to fall in construction, manufacturing, and...
IRS Issues Guidance on Payments to Deceased Employees
The IRS recently issued guidance for reporting wages paid in 2008 (including accrued wages and vacation pay) on behalf of deceased employees. Although state law generally controls who receives the unpaid wages, the reporting follows the same rules even if the check is...
US Department of Labor Issues Opinion Letter on Minimum Wage, Pay Periods
The US Department of Labor recently issued Administrator signed Opinion Letter FLSA2008-5. Although Opinion Letters only apply to the exact set of facts and circumstances presented in each case, they are a valuable aid in understanding current interpretations of the...
Question of the Week: Does Massachusetts Have Laws Regarding Employees and Independent Contractors?
This week’s question comes from Louisa, an HR manager: We have individuals who perform services for us. Does Massachusetts have any laws to determine if these individuals are our employees or independent contractors? Answer: In Massachusetts General Laws (MGL), c....
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