Payroll Legal Alert

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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Question: How can the company fulfill the I-9 requirement to physically review new hires’ documents when employees work remotely? Can we have a notary review the documents, notarize a copy of them and send that copy to our main office?

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What goes into a final paycheck, and when that check must be given to a terminating employee, is strictly a state issue. Here are the final-pay rules.

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The IRS has postponed until 2015 the Affordable Care Act’s mandate for large employers to provide health insurance to full-time employees or pay a free-rider penalty. Not postponed: The Oct. 1, 2013, opening of the individual exchanges and the small business exchanges, or SHOPs. Also not postponed: W-2 reporting of employees’ health benefits. Crucial: You also need to provide the exchange notices to all employees by Oct. 1

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Question: On last year’s W-2s, Accuwage flagged a Social Security number (SSN) beginning with a nine. We called the Social Security Administration (SSA) and were advised to enter nine zeros for this SSN. We later learned that the SSN was an Individual Taxpayer Identification Number (ITIN). Should we have reported the nine zeros or the ITIN, even though the W-2 instructions say not to accept an ITIN from an employee?

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As a Payroll professional, what’s your job? Accord­­ing to Lisa Poole, CPP, corporate payroll manager for Simmons Bedding Corp., your job is to protect the company’s assets, protect employees’ data and remain compliant. Internal payroll audits help you do all three.

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When working parents need time off for school activities, most employers are flexible. But just how far they’ll bend depends on whether employees are nonexempt or exempt under the FLSA and state short-term leave laws.

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The results of the IRS’ 401(k) Excess Deferral Project are in, and they reveal a high failure rate for pretax contribution amounts that were reported on employees’ Forms W-2. The finding: 75% of employers needed to correct their W-2s.

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Long before the Affordable Care Act, there was the Health Insurance Portability and Accountability Act. Among other provisions, HIPAA sets rules for wellness programs, limits pre-existing condition exclusion periods to no longer than 12 months and requires plans to provide employees with certificates of coverage. The ACA and its implementing regulations amend several HIPAA provisions.

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Employer Identification Number theft is the poor stepchild to Social Security number theft—but it’s a growing problem. If it happens to you, EIN theft will cost time and money as you unravel the complications with the IRS. Final regulations begin to take aim at the problem.

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