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Payroll Legal Alert

Performing general Payroll maintenance tasks is essential for your day-to-day operations. It’s also the key to a successful year end. Get started now!

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Q: We have an agreement with a former employee to continue to pay him quarterly bonuses for clients he referred to us. Can we issue him a Form 1099-MISC or are the payments considered wages, which must be reported on a Form W-2?

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State bans on same-sex marriage continue to be challenged in court. Here’s a chart to help you make sense of where states currently stand in this fast-changing area of the law.

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Q: A recently divorced employee refiled her Form W-4 to claim fewer withholding allowances. She included her name and address, but only the last four digits of her Social Security number (SSN). Payroll requested that she complete another form with her full SSN, but she balked, saying that wasn’t necessary, since the W-4 is an internal form only. Is this a valid form?

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June brides who take their husbands’ names and newly married couples who hyphenate their names must get new Social Security cards reflecting their new names. Reminder: Don’t change your payroll records until newlyweds show you their new Social Security cards.

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This is your monthly guide to critical payroll due dates.

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The incentive to misclassify employees as independent contractors to get under the ACA’s 50-employee cap may seem tempting. The real incentive is to ensure that your workforce is properly classified in the first place.

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Buried deep in the Consolidated Appropriations Act is a provision that requires the IRS to send a notice confirming any change of address to your old and new address. And for victims of service bureau fraud, the law also directs the IRS to give special consideration to offers-in-compromise, which may allow you to settle a tax debt for less than the full amount owed.

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The IRS can only collect payroll taxes once—either from you or your designated third party. Final regulations, which became effective March 31, 2014, clarify when employee leasing organizations are liable for their clients’ payroll taxes. Warning: Even though the regs heap liability on leasing organizations, they stress that you remain on the hook for your payroll taxes.

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The DOL’s website, youthrules.dol.gov, is designed to educate employers about the rules for employing teens (sorry, there’s no help with how to actually manage them).

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