Payroll Legal Alert

Under final ACA regulations, insured employers with at least 50 full-time employees, including full-time equivalent employees, must file information returns with the IRS to report offers of health insurance made to full-time employees and provide statements to those employees. Key: Small self-insured employers must also report, even though they’re excluded from the play-or-pay provisions.

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It’s time to take a breather from the voluminous sets of regulations related to the Affordable Care Act (ACA) health care reform law. Here’s news that’s easier to digest.

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In the wake of some high-profile lawsuits, here’s a rundown of the problems that can arise when interns work for free.

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The biggest paycard problem for employees is the numerous fees paycard issuers pile on to access the funds loaded onto the card, for statements, etc. The biggest trap for employers is mandating paycard use.

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Federal law sets the ground rules for employing teens, but state law controls the age at which they must obtain age certificates, working papers or parental consent letters and how long you must retain those documents. Here’s a chart that lists requirements.

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Q: Our company president’s teenage son has been hired to do what the president calls incidental work around our office this summer. He’s signed a “Professional Services Agreement,” which specifies that he will be paid $10 an hour. Payroll has been told not to put him on the payroll because he’s an independent contractor. We think he should be put on the payroll. Who’s correct?

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Under tax code Section 83, you don’t tax employees who receive company stock, stock options or other property that is subject to a substantial risk of forfeiture until the risk lapses and the property vests. Final regulations issued in February, which closely follow proposed regs, clarify what counts as a substantial risk of forfeiture.

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This is your monthly guide to critical payroll due dates.

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Employees who send their kids to day camp can reap a double bonus—their kids will be entertained, and they can defray some or all of those expenses through the company’s dependent care assistance plan, up to the $5,000 annual limit. For kids who aren’t nature lovers, expenses incurred for specialty camps, such as computer camps, count too.

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If you focus strictly on the ACA health care reform law’s free-rider penalties for not providing full-time employees with health insurance, or not providing insurance that’s affordable and offers minimum value, you’re missing the bigger picture.

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