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Payroll Legal Alert

Question: What should an employer do if a client requires the employer to obtain new I-9 forms from all employees who will be working on the client’s premises?

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Question: If employees don’t have List A, B or C documents and must use replacement receipts to verify their identify and work eligibility, when can the employer create a case file in E-Verify?

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Election Day is just a few months away, and everyone should exercise their franchise. You can help by letting employees take time off from work to vote. In fact, you may not have much choice in the matter. Some states require you to grant leave so employees can vote.

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Now that the Supreme Court has upheld the legality of the Affordable Care Act, your first responsibility under the law is to ensure that for open enrollment periods beginning Sept. 23 employees receive a summary of benefits and coverage (SBC) and a glossary that defines basic health benefit terms.

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It’s no secret that a large contributor to the tax gap—the difference between the taxes that are paid and the taxes that are owed—are independent ­contractors who don’t have taxes withheld from their payments. B Notices, properly called CP 2100/2100A notices, which require payers to backup withhold, are a key tax collection tool.

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Payroll has no margin for error. Get employees’ pay wrong and you’ll hear from them. Get your tax deposits wrong and you’ll hear from the IRS. Get it right and what do you hear? Silence. But don’t think you toil in anonymity.

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How can an employer reduce its exposure to claims for off-the-clock work if employees use their own electronic devices for business purposes?

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The federal FMLA doesn’t cover employees who take time off for school visits or to care for kids who aren’t seriously ill but who must stay home from school. Some state laws do. The chart below summarizes state short-term leave laws.

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To pay for health care reform, high earners—single employees earning more than $200,000 and joint ­filers earning more than $250,000—will pay an additional 0.9% in Medicare taxes, for a total tax rate of 2.35%, beginning Jan. 1, 2013. The IRS has issued “Questions and Answers for the Additional Medicare Tax” to provide guidance.

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As the hot, sticky air of summer clears out, now is the time for you and your employees to do some clearing out of your own. The payoff: A smoother year-end Payroll ­process.

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