FLSA Video Training Has Arrived at DOL/WHD

The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) is launching a new series of brief, plain-language videos to help employers understand their legal obligations when it comes to calculating overtime etc.  According the the WHD website these videos “strip away the legalese and provide employers with basic information…”  The topics provided so far are:

  • Coverage: Does the Fair Labor Standards Act (FLSA) apply to my business?
  • Minimum Wage: What minimum wage requirements apply to my business?
  • Deductions: Can I charge my employees for uniforms or other business expenses?
  • Hours Worked: Do I have to Pay for that time?
  • Overtime: When do I owe overtime compensation and how do I pay it correctly?

The videos are very well done and cover the rules quite nicely.  For example the overtime video does go into all the calculations needed for regular rate of pay.  They last an average of seven or eight minutes each. If you are looking for a good basic training on these topics listed check out the videos from WHD.

WHD Launches PAID Program

Paid Logo

The Wage and Hour Division (WHD) of the U.S. Department of Labor has launched a new nationwide pilot program, the Payroll Audit Independent Determination (PAID) program. According to the WHD, PAID facilitates resolution of potential overtime and minimum wage violations under the Fair Labor Standards Act (FLSA). The program’s primary objectives are to resolve such claims expeditiously and without litigation, to improve employers’ compliance with overtime and minimum wage obligations, and to ensure that more employees receive the back wages they are owed—faster.

Under the PAID program, employers are encouraged to conduct audits and, if they discover overtime or minimum wage violations, to self-report those violations. Employers may then work in good faith with WHD to correct their mistakes and to quickly provide 100% of the back wages due to their affected employees.

WHD is implementing this self-audit pilot program nationwide for approximately six months. At the end of the pilot period, WHD will evaluate the effectiveness of the pilot program, potential modifications to the program, and whether to make the program permanent.

However there are potential pitfalls to the new program.  The Blog Wage & Hour Insights, which I feature quite often in my blogs, has an excellent post by Staci Ketay Rotman, Bill Pokorny and Erin Fowler on this very subject that I encourage you to read to get a better understanding of this new program.

Thinking About Getting Your CPP or FPC?

I get a lot of questions on whether or not a payroll professional should get certified and if they should then which certification should they try for first. Should they go right into the CPP exam? Or start off with the FPC and work up to the CPP? Many payroll professionals are even confused as to which certification they could qualify for. In their blog, Payroll News, Symmetry Software has done a very nice and quick comparison of the two certifications offered by the APA. If you are looking to certify but aren’t sure which test to try for, take time to check out the blog today.

Don’t Get Rejected by the IRS…Make Sure Your 941 Balances

A recent article from RIA told of the following problem:              

Mike McGuire from IRS Modernized e-File (MeF) told listeners to the May 4 payroll industry telephone conference call that the IRS has been rejecting “tens of thousands” of 2017 first quarter electronically-filed Forms 941, Schedule B (Report of Tax Liability for Semiweekly Schedule Depositors) because the total tax liability on Schedule B does not agree with the total tax liability on Form 941, line 12 (Total taxes after adjustments and credits). Prior to the 2017 tax year, the total tax liability on Schedule B had to agree with Form 941, line 10 (Total taxes after adjustments), or the IRS would reject it. However, the IRS revised some of the line numbers on Form 941, beginning with the 2017 tax year, to take into account that “qualified small businesses” may now elect to claim a portion of their research credit as a payroll tax credit against their employer FICA tax liability, rather than against their income tax liability.  Beginning with the 2017 tax year, the total tax liability on Schedule B must agree with Form 941, line 12 (Total taxes after adjustments and credits) rather than line 10. Some electronic filers have not adjusted their programs to take this change into account. Rejected returns have to be resubmitted to the IRS.

Make sure your system has made this change.

 

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I Am Attending Virtual Congress…Are You?

I just completed my registration for the American Payroll Association’s 2017 Virtual Congress & Expo.  This is a free event for APA members which is held every year.  This is the 8th year for the event and the 6th one I will be attending.  This is the online companion to the Annual Congress.  But for me it is the only one I can usually attend.  I love attending the live, real world congress.  I get to meet up with associates, network and gain valuable knowledge.  However, my schedule just doesn’t permit me to take the time off to attend most years. But virtual congress is different. I can attend in the morning, take time to do one of my webinars and be back in the afternoon.  I still get to network with old friends and make new ones using the networking lounge’s chat boards.  I get to see all who are attending and can even contact attendees directly to say hello.  The webinars are always educational.  This year we are looking at such subjects as:

  • State Unemployment Rates: How Did They Arrive at Our Rate?
  • Is this Taxable?
  • Global Payroll
  • Calculations Your High School Teacher Never Taught You

I am really looking forward to these webinars.  Virtual congress is the next best thing if your work schedule or budget just won’t let you attend Congress.  So I hope to “see you there”.  By the way did I mention that you can earn up to 15 RCHs for attending the webinars.  And if you register but can’t attend everything, after the virtual congress concludes, the webinars are then open as on-demand webinars until August.  This is great for me. I can catch up on the ones I had to miss due to work or that were scheduled at the same time as another topic I wanted to check out.

For more info check out the APA website.

Our Current White Paper: Professional Employee Exemption

As we all know the Department of Labor (DOL) has been granted another 60 day extension concerning the new OT rules, namely the salary level test.   Will it be raised to $913 a week is still anyone’s guess. However, the other two tests that must be met for an employee to be exempt under the executive, administrative or professional categories…salary basis and job duties are still intact and must be followed. Our white paper this time discusses the job duties that must be met for an employee to be exempt under the professional category.  We hope you find it informative.

 

white paper exempt employee under professional category

 

 

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School Employees & Overtime: The Latest Blog from Wage and Hour Insights

In addition to my own blog I like to make sure I follow other  well written and accurate blogs that discuss wage and hour law or other payroll related items.  The Wage & Hour Insights blog is one such blog.  I have shared several of them in the past months.  This time the blog addresses a unique situation but still one that is relevant to all payroll professionals.  Do school employees get overtime for occasional extra duty?  Why relevant to all payroll professionals?  Because though the law does give a limited exception to state and local government employers it does not to private sector employers.  So check out today’s blog from Bill Pokorny for government employees.  But also check out his previous blog on the subject for private sector employers. 

 

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Our Latest White Paper–Year End Memo Makes Sense

Our new white paper is on the topic of sending out a year end memo to your employees.  This memo contains pertinent information that the employees need to know.  So this memo not only helps your employees but also cuts down on questions coming your way from those same employees.  We hope you find the information useful.

white-paper-year-end-memo-dec-2016

 

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Back Issues Now Available

Due to the popularity of our white papers, we have decided to post the back issues on our website.  One week after each white paper is released for requesting on our website it will be posted to our white paper page on our website.  All of our previous white papers are now posted on our website ready to download if you missed any issues.

You may have noticed that this current white paper was provided as a file for download in our last blog rather than your having to go to our website and request it.  We want to make it more convenient for our followers to access each white paper. Each new white paper will be announced in the blog, as usual, and then the link to it will be provided if you decide you would like to download it.  Remember if you missed any back white papers you may download them from our website.

Taxation of Wellness Programs

The Office of Chief Counsel of the Internal Revenue Service has issued a memorandum on “Tax Treatment of Wellness Program Benefits and Employer Reimbursement of Premiums Provided Pre-tax Under a Section 125 Cafeteria Plan”.  Not quite a catchy title I admit but it does contain guidance that is useful.  The two questions  that were at issue are as follows:

  1. May an employer exclude from an employee’s income under section 105 or section 106 cash rewards paid to an employee for participating in a wellness program?
  2.  May an employer exclude from an employee’s income under section 105 or section 106 reimbursements of premiums for participating in a wellness program if the premiums for the wellness program were originally made by salary reduction through a section 125 cafeteria plan?

The conclusion reached by the Chief Counsel was no on both counts. 1. An employer may not exclude from an employee’s gross income payments of cash rewards for participating in a wellness program. 2. An employer may not exclude from an employee’s gross income reimbursements of premiums for participating in a wellness program if the premiums for the wellness program were originally made by salary reduction through a section 125 cafeteria plan.

For those of you who need to research this closer I included the link to the memorandum issued on April 14, 2016 and released on May 27, 2016.  They review three different situations and then provide the law and analysis you may need if this affects any benefits you are offering.

 

Last chance to register for early-bird pricing for our next webinar How to Finally Write Those Payroll Procedures.  Early-bird pricing of only $99 ends at 5pm PDT today.