It is critical to classify workers correctly to avoid hefty fines, taxes, penalties, etc. The Department of Labor is “cracking down” on employers who misclassify workers. The consequences of misclassifying workers are many, including: Audits Company could owe IRS back taxes with interest, plus penalty 12% – 35% Federal and State agencies back pay, back … Continue reading IRS 20 Factor Test: Independent Contractor or Employee, Who Has Control Over the Work Being Done?
According to an IRS official, employers need to be sure they are offering affordable, minimum-value coverage to at least 98% of the employees on whom they report under the Affordable Care Act on a monthly basis, rather than a yearly average, in order to use simplified reporting rules. Employers that have part-time employees close to … Continue reading IRS: Affordable Care Act Simplified Reporting Must Be Met Each Month
President Barack Obama issued an executive order on July 31 requiring federal contractors to disclose violations of wage and hour, health and safety, family and medical leave, collective bargaining, and other workplace laws. The Fair Pay and Safe Workplaces executive order, applying to new federal contracts of more than $500,000 starting in 2016, will require … Continue reading President Signs Executive Order Requiring Disclosure of Employment Violations
On July 24, 2014, the Internal Revenue Service (IRS) released drafts of the forms that large employers will be required to file in order to show that the health coverage they offer to their employees complies with the Affordable Care Act (ACA) “shared responsibility” mandate. What is the employer’s shared responsibility mandate? For 2015 and … Continue reading IRS Released Affordable Care Act Draft Forms
When an employee is not specifically exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements, you must pay for hours worked over 40 per work week at a rate that’s at least one and one-half times the employee’s regular rate of pay. If during a single work week an employee does two or more … Continue reading FLSA: Calculating Overtime for Employees Who Work Two Jobs at the Company
Employers generally cannot change exempt employees’ compensation because of absences from work. However, employers can reduce pay without jeopardizing employees’ exempt status if absences of a full day or more due to: Personal reasons Illness or accidents if employees are covered under sick or disability pay policies Unpaid leave taken pursuant to FMLA act … Continue reading Permitted Salary Reductions to Exempt Employees’ Salaries
An Ohio Woman whose medical record was posted to Facebook, which revealed her name, and a syphilis diagnosis’s, has sued the hospital where she was treated and the worker who accessed her information. The 20-year old Cincinnati woman, filed the lawsuit against the University of Cincinnati Medical Center. According to the lawsuit, the events of … Continue reading Woman Sues After STD Diagnosis Posted on Facebook
The FLSA requires employers to keep records on wages, hours, and other items, as specified in Department of Labor recordkeeping regulations. Most of the information is of the kind generally maintained by employers in ordinary business practice and in compliance with other laws and regulations. What Records Are Required: Every covered employer must keep certain … Continue reading FLSA Recordkeeping Requirements: Are You Compliant?
According to Bloomberg Law Reports published statistics, employment lawsuits have risen over 400% in 20 years. Additionally, according to the report, if an employment lawsuit is filed against the employer in Federal court, statistically there is a 16% chance that the employee will win more than $1 million and an almost 70% chance the employee … Continue reading The Cost Of Employment Lawsuits
The Internal Revenue Service has ruled that employers cannot hand tax-free contributions to their workers and tell them to purchase health insurance, The New York Times reported. Employers who try dumping employees into the healthcare exchanges to avoid having to pay for their coverage are now on notice that the practice is prohibited. Employers who … Continue reading IRS Bars Employers From Giving $ To Workers To Buy Health Insurance On Their Own On the Exchange
