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Compensation & Benefits

Layoff and then a walkout: What’s our COBRA obligation?

03/12/2013

Q. Our business recently was forced to implement layoffs—and most of our remaining employees walked off the job. All were given a COBRA notice, but only one chose to take the coverage. Since this was a group insurance policy and only one person will now be insured, the insurer is canceling our policy. What’s our responsibility to that ex-employee?

The feds say ‘never mind’ on ACA health exchange notices

03/12/2013
The Affordable Care Act health care reform law required employers to begin notifying employees on March 1 about the availability of state-based exchanges as an option for buying health insurance. But the DOL has temporarily rescinded the notice requirement.

Payroll NRP continues, S corp NRP waits in the wings

03/08/2013
The next 2,000 Forms 941 to audit as part of the IRS’ National Research Project (NRP) have been selected and all audits are open, said Faris Fink, commissioner of the IRS’ Small Business/Self-Employed Division. Fink said the Payroll NRP has shown high rates of compliance, but problems have become evident—notably, problems involving company cars.

When equipment must start up, when does work begin?

03/07/2013
Q. When our employees come in to work, they spend part of their time getting their equipment running. Do we need to compensate them for that time?

Eye care company sees the error of its pay ways

03/07/2013
Fort Worth-based Alcon Laboratories has agreed to pay $199,443 in back wages to 342 assemblers, material handlers and production technicians at its Houston facility.

No unemployment for those fired for late time sheets

03/07/2013
Make it clear that it’s essential to complete time sheets on time. Dis­cipline those who don’t follow the rules. If you have to fire time sheet ­slackers, rest assured they won’t be eligible to collect unemployment benefits on your account.

Obama’s $9 minimum wage bill unlikely to pass

03/06/2013
President Obama began a public push last month for Con­­gress to raise the federal minimum wage from $7.25 to $9.00 per hour. Outlook: The proposal will have a tough time getting out of the House.

6th Circuit turns down IRS’ bid to rehear key SUB pay case

03/06/2013
The 6th Circuit Court of Appeals has denied the IRS’ request to rehear its decision in U.S. v. Quality Stores, Inc. Having run the gamut at the appellate level, it’s likely that the IRS will appeal to the U.S. Supreme Court. A petition to the Supreme Court is due April 4.

Caterer to serve up $278,000 in back wages and fines

03/05/2013
Eight years after being flagged for similar violations, Long Island’s Chateau Briand catering company has been burned again for illegal pay practices.

DOL asks court to appoint fiduciary for ‘orphaned’ 401(k)

03/05/2013
When the owner of Windswept Envi­ron­mental Group died in Nov­ember 2008, he left behind more than a business. The Bay Shore company’s 401(k) retirement plan was orphaned, too, since the owner was the plan’s only fiduciary. Now the DOL has asked a court to appoint a fiduciary for the plan.