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Payroll

Collecting for damaged equipment

10/01/2007

Q. We recently terminated an employee and subsequently learned that he damaged company equipment through his own negligence. My boss wants to deduct the cost to repair the damage from his final paycheck. Is this legal? …

When employee keeps our property, can we deduct from the last paycheck?

10/01/2007

Q. If an employee quits or is terminated and refuses to return employer property—such as a pager or a cell phone—can the employer deduct the value of the property from the employee’s final paycheck? …

Insist on accurate time sheets, even if it costs you OT

10/01/2007

The Fair Labor Standards Act says employers must pay overtime to hourly employees who work more than 40 hours per week. Work time includes more than just the hours you put on the employee’s schedule—it also includes any time you “permitted” the employee to work outside the schedule. And therein lies a big overtime headache …

Gambling-Addiction defense fails Palm Beach embezzler

10/01/2007

Donna Duffer, former Palm Beach County Convention and Visitors Bureau controller, blamed a gambling addiction for her embezzlement of $1.6 million from the bureau. The theft, uncovered last fall, left the bureau’s budget in tatters and cost some staffers their jobs. Duffer stole withholdings from employee paychecks, leaving many employees holding the bag for back tax bills …

Can we mandate direct deposit?

10/01/2007

Q. To cut down on the administrative costs of issuing paychecks, my company would like to pay all its workers through a direct deposit to the bank of their choice. May we require our employees to accept their pay via direct deposit? …

Independent Contractor or Employee? How to Make The Call

09/18/2007
White Paper published by The HR Specialist ______________________ For years, the IRS has relied on a 20-factor test to determine whether a worker is considered an “employee” or an “independent contractor.” Conferring contractor status on a worker often benefits the employer, who is then not obligated to withhold income tax or to pay Social Security […]

Must we deliver final paychecks at termination?

09/01/2007

Q. When one of our employees was fired, he demanded his paycheck on that same day. Are we required to deliver final paychecks to employees the day they quit or are terminated? —D.G. …

Prompt wage payment required—Including actually having money in the bank

09/01/2007

Employers must pay their employees on payday—and make sure the money is in the bank. Otherwise, they risk liability for double the amount due as liquidated damages under the Fair Labor Standards Act …

Labor Dept. sues Pilgrim’s Pride in donning and doffing case

09/01/2007

The U.S. Labor Department has filed a lawsuit against Pilgrim’s Pride Corporation in Dallas in an effort to recover more than $3 million the agency claims the company owes to more than 500 former and current employees. The Labor Department claims that Pilgrim’s Pride failed to pay employees for the time they spent putting on and taking off protective clothing before the start and after the end of their shifts …

Raises to remain flat in ’08, but bonuses gain favor

08/21/2007

A trio of closely watched national salary surveys say that employers plan to dole out annual pay raises of about 3.8% in 2008. The biggest trend: Employers are devoting an increasing amount of their salary budgets to bonuses. Here’s how to keep your bonus programs fair and legal…