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Compensation & Benefits

CPA’s claim crashes, owes body shop’s payroll taxes

04/02/2012
A federal trial court has ruled that an auto body shop’s inside CPA/controller was personally responsible for 100% of its unpaid payroll taxes. It was enough, the court said, that the CPA had some authority over the company’s finances; exclusive authority wasn’t necessary.

Vacation leave: A 5-part plan & sample policies

04/01/2012
You wouldn’t dream of having informal payroll policies, right? Yet too many employers treat vacation time—a form of compensation—as a casual entitlement. Getting too informal can cost you. Here are the five key elements a sound vacation policy addresses—plus two sample vacation policies you can adapt for your organization.

2012 State Direct Deposit/Paycard Laws

04/01/2012
State laws usually require that employee participation in direct deposit or paycard programs must be voluntary. States may also allow paycard vendors to charge employees fees, beginning with the second transaction. This chart summarizes the states’ direct deposit/paycard rules. “Mandatory” means that a state allows you to make e-payment a condition of employment, if you choose. States that don’t have laws aren’t included. In all cases, contact your state labor department for the full story.

Form 941-M filers off the hook, but other sanctions may apply

04/01/2012
The IRS has retired Form 941-M, which is filed monthly by employers with serious payroll compliance problems. Also retired are the special deposit rules, which required deposits to be made into a special trust fund account within two banking days of payday.

No matter how many clients, temps must still get OT pay

03/30/2012
Dallas-based staffing agency Temp Team has agreed to settle FLSA violations un­­covered during a U.S. Department of Labor Wage and Hour Division investigation. The $244,104 settlement will be split among 252 current and former employees.

Can we force forfeiture of vacation days?

03/29/2012
Q. Under our company policy, an employee who fails to give 20 working days’ notice before resigning forfeits any earned vacation days. Is this policy lawful?

Compass sent retirement funds the wrong way

03/29/2012
Two recent settlements make what should be an obvious point: You can’t misappropriate employees’ retirement money and expect to get away with it. Cases in West Chester and Bethlehem show that the feds will come looking for you, and make you pay it back.

Contract worker EPA claims have long shelf lives

03/29/2012

You probably think that once a contract employee’s contract expires, that’s the end of the matter. You don’t renew the contract and she moves on. That may not be the case. She can still sue over Equal Pay Act claims for at least two years after her last check.

Hacked! How to limit liability for employee data breaches

03/29/2012

Imagine this nightmare scenario: You’ve contracted with a vendor to enter personnel data into a new computer system, including employees’ Social Security numbers, addresses, names of dependents, health records and bank account routing numbers. Then the vendor notifies you that employee data was somehow stolen or lost. What do you do?

Exclude FMLA leave from attendance discipline

03/29/2012

Here’s a basic way to avoid FMLA trouble: Before punishing an employee for poor attendance, double-check whether any of the time she’s missed was for FMLA leave. That way, there’s no question about whether FMLA leave was a factor in discipline.