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Compensation & Benefits

The higher salary level test is dead, but not for everyone

02/21/2017
Regulations under the Fair Labor Standards Act were to have raised the guaranteed weekly salary for exempt employees, but a federal court has issued an injunction preventing those regs from going into effect.

Employee’s calculation error doesn’t invalidate OT claim

02/21/2017
A federal appeals court ruled that an employee was entitled to prove at trial that she was owed overtime pay for time that her employer should have known she was working, despite her mistake in calculating her overtime pay rate.

IRS muses on cafeteria plan benefits

02/21/2017
The IRS has released four information letters in which it discusses the requirements for cafeteria plan benefits.

Use Forms 6765 & 8974 to figure payroll tax R&D credit

02/21/2017
The picture has now become clearer with the release of revised Form 6765 and new Form 8974 for tax year 2016.

Applicant who used fake SSN owed $1.4 million from employer

02/21/2017
A federal trial court ruled that an employer violated Title VII when it denied a job based solely on a false Social Security number.

W-2/1099 safe harbor begins to take shape

02/21/2017
The new safe harbor for de minimis errors on W-2s and 1099s gets its first test drive with forms filed this year. But, according to the IRS, it’s payees who are in the driver’s seat.

ACA repeal threatens tax-free health benefits

02/21/2017
The Affordable Care Act mainly affects the individual health insurance market, not the employer-provided coverage that is central to most employee benefits plans. That’s changing as President Trump and Republicans on Capitol Hill set about repealing and replacing the ACA.

Discretionary leave OK as long as it’s equitable

02/09/2017
Do you have a program that allows some employees to take additional leave after they have exhausted FMLA leave and their earned sick and vacation time off? That’s fine, as long as you set reasonable parameters for taking leave and enforce the rules fairly.

Texas Supreme Court to decide Houston same-sex benefits

02/07/2017
In an about-face, the Texas Supreme Court has decided to hear a case challenging the city of Houston’s policy of providing benefits to same-sex spouses that are equal to those available to opposite-sex spouses.

EBSA asks if turbine firm’s 401(k) is gone with the wind

02/01/2017
The U.S. Department of Labor’s Employee Benefit Security Agency has filed suit against the now defunct Wind Turbine Solutions.