Payroll Legal Alert

Most states allow employers to determine whether they will pay terminating employees for their accrued, unused vacation time. But be warned: Any ambiguity in your company’s vacation pay policy or how that policy is executed will most likely be resolved in employees’ favor.

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April won’t fool smart Payroll managers. They know that the first-quarter Form 941 is due by month’s end. Here’s help.

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Just how standard must a standard child support Income Withholding Order be? Very standard, according to the Office of Child Support Enforcement, which created it and mandates its use.

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NOTE: Saturdays, Sundays and legal holidays as observed in the District of Columbia are taken into account to determine due dates. Under the federal deposit rules, you’re allowed a deposit shortfall of the greater of $100 or 2% of your tax liability.

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Q: An exempt employee will be paid to photograph the company’s annual charitable 10K run. HR would like Accounts Payable to handle it through a separate check, so no taxes would come out of the payment. This doesn’t sound right to Payroll. Who’s right?

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Q: If an exempt employee works for two hours one day, must we pay her for a full day, or can we require her to use her paid time off? What if she doesn’t come in at all for a day—must she still receive her full salary, or can we dock her pay for the day? We don’t allow employees to borrow PTO from the next year’s allotment.

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More than 75% of the intensive line-by-line payroll returns audited under the IRS’ National Research Program have been completed, according to IRS spokesperson Paul Carlino. Interim findings reveal issues with executive compensation and Form 1099-MISC.

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The U.S. Supreme Court’s landmark Windsor decision striking down Section 3 of the federal Defense of Marriage Act left who can marry whom up to the states. Well, maybe not, as lawsuits contesting bans on same-sex marriage continue to mount. Here’s where things stand.

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Drop a tax return in the mail on the day it’s due and it’s considered timely filed, under the IRS’ timely-mailing-is-timely-filing rule. But you must still have proof that you mailed it—a registered or certified mail receipt, for example. A taxpayer who couldn’t present a receipt was out of luck for his refund, ruled a federal appeals court.

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A common question: Is the value of accrued vacation time due to a terminating employee? Here’s a chart summarizing state vacation pay laws.

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