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Two or More Other Employees Under the Fair Labor Standards Act
Under the Fair Labor Standards Act (FLSA), employees must be paid a minimum hourly wage and an overtime premium of one and one-half times the regular rate of pay for hours worked in excess of forty per week. This is the one of a continuing series that discusses FLSA...
Department or Subdivision Under the Fair Labor Standards Act
Under the Fair Labor Standards Act (FLSA), employees must be paid a minimum hourly wage and an overtime premium of one and one-half times the regular rate of pay for hours worked in excess of forty per week. This is the one of a continuing series that discusses FLSA...
Management Under the Fair Labor Standards Act
Under the Fair Labor Standards Act (FLSA), employees must be paid a minimum hourly wage and an overtime premium of one and one-half times the regular rate of pay for hours worked in excess of forty per week. This is the one of a continuing series that discusses FLSA...
Special Rules for Owners Under the Fair Labor Standards Act
Under the Fair Labor Standards Act (FLSA), employees must be paid a minimum hourly wage and an overtime premium of one and one-half times the regular rate of pay for hours worked in excess of forty per week. This is the one of a continuing series that discusses FLSA...
Question of the Week: How Does an Employee Change the Number of Exemptions Claimed?
This week’s question comes from Donna, an office manager. An employee wants to change the number exemptions (withholding allowances) claimed. What should I do? Answer: Have the employee complete and sign Form W-4, Employee’s Withholding Allowance Certificate. Always...
Executive Exemption Under the Fair Labor Standards Act
Under the Fair Labor Standards Act (FLSA), employees must be paid a minimum hourly wage and an overtime premium of one and one-half times the regular rate of pay for hours worked in excess of forty per week. Unless exempt, all employees must receive a minimum wage and...
Unemployment Insurance Weekly Claims Report Update for August 9, 2008
According to the US Department of Labor, in the week ending August 9, the advance figure for seasonally adjusted initial claims was 450,000, a decrease of 10,000 from the previous week's revised figure of 460,000. The 4-week moving average was 440,500, an increase of...
Tip of the Week: Save Time and Money with Direct Deposit
Are you tired of issuing stop payments for lost checks? Do you get requests from employees on vacation to be paid in advance? Would you like to solve these problems, increase security, and save money too? Direct deposit is the answer. By giving employees the option to...
US Department of Labor Issues Opinion Letter on Service Coordinators, Learned Professional Exemption
The US Department of Labor recently issued non-Administrator signed Opinion Letter FLSA2008-10NA. 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...
US Department of Labor Issues Opinion Letter on Law Enforcement Partial Exemption
The US Department of Labor recently issued non-Administrator signed Opinion Letter FLSA2008-9NA. 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...
US Department of Labor Issues Opinion Letter on On-call Time
The US Department of Labor recently issued non-Administrator signed Opinion Letter FLSA2008-8NA. 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...
Law Firm Ruled Liable for Predecessor’s Unpaid Payroll Taxes
A successor law firm is liable for unpaid payroll taxes of its predecessor and could not prevent the IRS from levying and placing liens on its accounts. In Hwang Law Firm, LLC v. United States, DC PA, C 07-2973 LFS, July 9, 2008, the court looked at continuity of...
Question of the Week: Can Sole Proprietors Pay Themselves Wages?
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....
US Department of Labor Issues Opinion Letter on Uniforms, Payroll Deductions
The US Department of Labor recently issued Administrator signed Opinion Letter FLSA2008-4. 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...
Unemployment Insurance Weekly Claims Report Update for July 26, 2008
According to the US Department of Labor, in the week ending July 26, the advance figure for seasonally adjusted initial claims was 448,000, an increase of 44,000 from the previous week's revised figure of 404,000. The 4-week moving average was 393,000, an increase of...
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