08/24/2010
Q. Let’s say I do the payroll for a company and know that we are misclassifying employees (exempt vs. nonexempt; independent contractors vs. employees). And let’s say I advised the owner, but he chose to leave it as is. Could I be held liable as the payroll administrator?
08/24/2010
Anyone with responsibility for health, benefit, disability, severance, education or other benefit plans is a “fiduciary” and can be held personally liable for plan errors under ERISA. Attorney Sherwin Kaplan says employers should take these steps to avoid errors that could subject a fiduciary to liability: