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New York Company Must Pay $1.23 Million in Overtime and Damages
States continued their crackdown on employers with overtime violations as New York announced a $1.23 million settlement with Finkelstein Morgan LLC and J. Siebold Construction Corporation (“Siebold”). The settlement represents all the unpaid overtime for the period...
Wage Garnishments Affected by Increase in Federal Minimum Wage
A wage garnishment is when an employer, generally as a result of a court order, withholds an amount from an employee’s earnings in payment of a debt. Restrictions on wage garnishments are defined in Title III of the Consumer Credit Protection Act. §303 of Title III...
Starbucks Barista Responsible for Laundering Own Aprons
An employee required to launder his work aprons by Starbucks Corporation (“Starbucks”) was not entitled to compensation under California law (Douglas O’Connor v. Starbucks Corporation, ND Cal, C 06-3706 VRW, July 14, 2008). Under an explanation of the relevant...
401(k) Participants to Receive Improved Disclosure of Fees and Expenses
The US Department of Labor proposed a rule change that would require participants in 401(k) plans to receive “investment-related information in a comparative chart or similar format.” The chart could be based on a model chart designed by the Department of Labor or a...
Question of the Week: How Can My Employee Get Copies of Pay Stubs?
This week’s question comes from Kevin, HR Director: One of my employees is applying for a mortgage and needs several pay stubs. Unfortunately, he threw his away. What’s the best way to get them? Answer: Online Employer’s Employee Services is a self service, web-based...
Unemployment Insurance Weekly Claims Report Update for July 19, 2008
According to the US Department of Labor, in the week ending July 19, the advance figure for seasonally adjusted initial claims was 406,000, an increase of 34,000 from the previous week's revised figure of 372,000. The 4-week moving average was 382,500, an increase of...
Wage and Hour Violations More Costly in Massachusetts
On July 13, 2008, a new law went into effect mandating treble damages for wage and hour violations by Massachusetts employers. Prior to passage of Chapter 80 of the Acts of 2008, triple damages were allowed, but treated as discretionary by state judges. Generally,...
Tip of the Week: Eliminate Workers’ Compensation Audits, Save Money
Would you like to improve cash flow, eliminate annoying workers’ compensation audits, and save money? Who wouldn’t? Ask today about pay-as-you-go workers’ comp setup in conjunction with our insurance partners. As payroll is prepared each week, your workers’ comp...
Social Security Announces Online Benefits Estimator
The Social Security Administration (SSA) announced a new online calculator that will provide immediate and personalized benefit estimates to help people plan for their retirement. According to the SSA, the calculator produces estimates that are based on your actual...
Overtime or Jail Time
Jerry and James Schram, brothers and business partners in Schram's Excavating of Vancouver, WA agreed to pay $356,000 in back wages and unpaid workers’ compensation premiums. As part of a guilty plea, both brothers were given two years probation and 240 hours of...
State Minimum Wages to Increase
Several states have minimum wage increases effective for work performed after July 23, 2008. Idaho, Indiana, Maryland, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Oklahoma, Puerto Rico, South Dakota, Texas, Utah, and Virginia all have increases to...
Massachusetts Now Requires Withholding on Partnership and S Corporation Distributions
In TIR 08-8: Sales/Use Tax, Withholding and Administrative Changes Contained in Chapter 182 of the Acts of 2008, the Massachusetts Department of Revenue (DOR) commented on the changes required by the new law. For withholding purposes, the law allows the DOR to require...
Question of the Week: How Should I Submit My Payroll?
This week’s question comes from Jasmine, a business owner: I’m on the road visiting clients and can’t always call my hours in during the day. I’m also out-of-town frequently. What’s the best way for me to submit my payroll information? Answer: Online Employer is the...
Unemployment Insurance Weekly Claims Report Update for July 12, 2008
According to the US Department of Labor, in the week ending July 12, the advance figure for seasonally adjusted initial claims was 366,000, an increase of 18,000 from the previous week's revised figure of 348,000. The 4-week moving average was 376,500, a decrease of...
IRS Provides Safe Harbor for Payroll Tax Deduction
In Rev. Proc. 2008-25, the IRS provided a safe harbor method of accounting for accrual-basis taxpayers to use to account for FICA and FUTA taxes. It also established procedures for taxpayers to use to change their method of accounting to this safe harbor method. Under...
Tip of the Week: Stay Better Organized with ViewChoice
Do you wish you could be better organized? Do you wonder where you put that payroll report that you need? Is your filing cabinet overflowing? Do you worry about identity theft? Do you need to protect your sensitive payroll data from nosy employees? If you answered yes...
Reduced Taxes Due on Reclassified Employees
In Private Letter Ruling 200825043, the IRS concluded that employers who receive a determination letter from the IRS that someone previously classified as an independent contractor should be classified as a employee may use §3509 to reduce the amount of employee FICA...
Minimum Wage to Increase July 24, 2008
The federal minimum wage is set to increase from $5.85 per hour to $6.55 per hour for work performed after July 23, 2008. Under current law, an additional increase to $7.25 per hour is scheduled for work performed after July 23, 2009. The Fair Labor Standards Act sets...
IRS Clarifies Withholding on Supplemental Wages
In Revenue Ruling 2008-29, the IRS clarified the amount of federal income tax to be withheld on certain supplemental wages. Situations covered include sales commissions, draws, signing bonuses, severance pay, annual leave, vacation and sick pay, and sick pay paid at a...
IRS Issues Guidance on Health Savings Accounts
The IRS recently issued Notice 2008-59 on Health Savings Accounts (HSA), which are available to taxpayers enrolled in a High Deductible Health Plan. Qualified contributions to an HSA are not subject to federal income tax and distributions from an HSA for qualified...
Question of the Week: Do I Need to Pay Overtime for Holiday Hours?
This week’s question comes from Felix, a payroll manager: I have an employee who worked 34 hours last week. Since we pay eight hours for Independence Day even though we don’t work, do I need to pay two hours of overtime? Answer: Nothing in the Fair Labor Standards Act...
Wage & Hour Violations Cost Wal-Mart $6.5 Million
Wal-Mart Inc. was ordered to pay more than $6.5 million in compensatory damages to current and former employees who worked in Minnesota. In Nancy Braun, et al. v. Wal-Mart, Inc., et al., No. 19-CO-01-9790, Minn. Dist., Dakota Co., Wal-Mart was found to have committed...
Tip of the Week: Don’t Rekey Your Payroll
Did you know that you can import your payroll data directly into QuickBooks®, Peachtree®, or other accounting software? Save time and avoid data entry errors through our streamlined payroll import. We work with your accountant or bookkeeper to setup the import and...
IRS Says Teachers Should Not Be Covered by 409A
The IRS recently released Notice 2008-62 which states that teachers who receive pay over a 12-month period will generally not be subject to §409A. Technically, teachers who only work for 9 or 10 months but are paid over a 12-month schedule have deferred compensation...
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