PAYROLL

What to do about late time sheets?

03/01/2010

Q. One of our field technicians is consistently late in providing her time sheets. This interferes with promptly billing our customers for work performed. Can we delay paying this employee as an incentive to submit her time sheets on time?

Must we track hours for exempt salespeople?

02/25/2010

Q. We have salespeople who work on a straight commission basis. Do we need to track their hours?

Isn't this illegal? I was just ordered to garnish one of my employee's wages

02/12/2010

Q. We recently received a court order to garnish the wages of an employee who has failed to repay a student loan. I thought that the garnishment of an employee’s wages in Texas was prohibited by law. Is that no longer true?

Must vacation, sick leave be listed on pay stubs?

02/05/2010

Q. Our pay stubs currently list employees’ available vacation, sick and other leave hours. Our new software allows employees to log in and check that balance anytime. Can we eliminate that information from the pay stubs?

8 questions help you make the contractor vs. employee call

02/01/2010

With the IRS beginning a nationwide crackdown on employers that try to dodge payroll taxes, now’s the time to make sure your workers are properly classified. Starting in February, IRS auditors began poring over the records of thousands of employers to root out organizations that try to cheat the system by calling workers contractors when they’re actually employees.

Beware! Don't overreact to pay complaints

01/14/2010

In California, you can’t terminate employees for coming forward to press for enforcement of wage-and-hour claims, even if it turns out the claims were unfounded. That’s because California law strongly supports employee rights to get all the pay they’re entitled to, and efforts to punish employees who are wrong would chill efforts to challenge their employers’ pay policies.

What's the rule for paying when employees clock in or out slightly before or after work?

01/14/2010

Q. If my employees clock in before their starting time and clock out after their day is scheduled to end, am I required to pay them for that extra time?

Is it legal to dock pay for employee foul-ups?

01/14/2010

Q. Can I deduct the cost of an employee’s error from his or her paycheck?

Do we need new record-retention rules now that the Ledbetter law has been enacted?

01/13/2010

Q. I keep hearing that the Ledbetter Act means we may need to hold onto documents about employees beyond our current retention policies. What do we need to do to make sure our document-retention policies comply with the law?

Joint-employer status may come down to who cuts the paychecks

12/22/2009

You may be liable for wage-and-hour violations involving people you don’t ordinarily think of as actual employees. That’s because California uses a long list of factors to consider when deciding whether someone is an employee. One of those factors: Who provides the individual’s paycheck and makes tax deductions? Another factor: Who gives directions to the worker?

Shoe's on other foot now as Puma agrees to wage settlement

12/22/2009

Puma North America has agreed to settle a class-action lawsuit alleging that it failed to pay on time about $350,000 to hundreds of employees. Judge Valerie Baker Fairbank conditionally certified the class to include the company’s hourly, nonexempt retail store employees who received late paychecks between 2004 and 2008.

A worker is asking us for a loan: How can we set up a legal repayment plan?

12/09/2009

Q. An employee wants to borrow $2,000 from the company to cover a family emergency, and we’re willing to make the loan. How should we structure the loan and repayment terms so we can deduct a certain amount from the employee’s bimonthly paycheck? We also want to be able to deduct the balance of the loan from the employee’s final paycheck in the event he is terminated before completely repaying the loan.

IRS to audit 6,000 firms to test employment tax compliance

12/03/2009

Starting in February 2010, the IRS will begin to audit 6,000 randomly selected employers to give the agency a snapshot of employment tax compliance in the United States. The audits will stretch across all industries and company sizes, and will focus on employment tax issues ranging from payroll taxes to independent contractor status to executive compensation.

What can we do? We accidentally overpaid an employee who was out on workers' comp leave

12/01/2009

Q. While one of our employees was on workers’ compensation leave, she received disability payments. Due to a clerical error, we failed to take her off the payroll during that time, and she continued to receive her regular paychecks while on leave. The employee now refuses to sign an agreement to return the money on a payment schedule we were willing to set up. As a result, we would like to dock her pay for the overpayments. Are we allowed to do so?

Outsourcing payroll? Be sure someone can explain the math

11/20/2009

These days, with employers having to do more with less, lots of companies outsource some functions that take a lot of time. If a vendor handles your payroll, make sure someone on the inside understands exactly how the outside provider calculates tricky things like overtime pay.

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