State vs. Cities: The Wage Hour Fight Continues

Localities such as cities or counties have been enacting their own wage and hour requirements for quite a few years now.  Dozens of cities in California and New Jersey have their own sick leave laws as well as higher than state minimum wages.  New Mexico has local minimum wages as does Washington.  But it seems the state legislators are starting to fight back.  With the assistance of groups such as the American Legislative Exchange Council (ALEC) model bills (draft legislation that legislators may customize and introduce) have passed in several states.  The latest states to pass such legislation are Arkansas and Iowa.  These bill basically forbid the local governments from passing any type of law relating to minimum wage, living minimum rates, employment leave or benefits, hiring practices or any condition of employment that is more generous than the federal or state law.  Whether cities will fight back in the courts, or if they even can, remains to be seen. Miami Beach recently tried to establish its own minimum wage despite Florida having passed its own version of the ALEC legislation.  The court struck down the Miami Beach ordinance. So the fight continues.  Payroll professionals need to monitor local minimum wage and sick leave ordinances to ensure compliance but remember these ordinances can be fleeting if the state has passed the ALEC-style legislation.

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Disney Costume Deduction Cost Them

All my readers with young daughters knows the price of a Disney princess costume.  Well now Disney does too.  Or at least the cost of making deductions for maintaining them.  The Department of Labor (DOL) recently announced that two subsidiaries of Walt Disney Company have agreed to pay $3.8 million in back wages to 16,339 employees to ensure compliance with the Fair Labor Standards Act (FLSA). Among the violations found by the wage and hour division was that the Disney resorts in Florida deducted a uniform or a “costume” expense that caused some employees hourly rates to fall below the federal minimum wage. However under the wage and hour rules, the FLSA does not allow deductions for uniforms if it reduces the employees wage below $7.25 per hour. In addition the cost may not cut into overtime compensation. The proper handling of uniforms is often a source of confusion for payroll departments and company employees. The DOL’s Fact sheet #16 provides the information on the proper deductions for uniforms and other facilities.

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Is That the IRS at Your Office Door?

With email scams now attacking payroll can in person scams be far behind? The IRS doesn’t think so! So is that person visiting your payroll office claiming to be from the IRS legitimate or an imposter? To answer that question the Internal Revenue Service has created a special new page on IRS.gov to help you determine which is which… Fake or real. First the IRS reminds us that IRS employees do make official, sometimes unannounced, visits to taxpayers or employers as part of their routine casework. But typically these visits fall into three categories:

  • First to discuss taxes owed or tax returns due. You should be aware if you had tax returns due.
  • Second to visit taxpayers or employers being audited. Again you would be aware of this audit.
  • Finally if conducting an investigation. You might not be aware of this investigation, however these agents never demand any sort of payment and will present law enforcement credentials including a badge.

For more information visit the IRS page.

 

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CA Joins 16 Other States for Ease of Replacing SS Cards

The Social Security Administration announced in their blog today that California drivers can now replace their Social Security cards online. SSA’s online application makes getting a replacement card super easy and California joins the growing list of 16 other states and the District of Columbia where your employees can use this service. Other states include Arizona, Florida, Idaho, Iowa, Kentucky, Maryland, Michigan, Mississippi, Nebraska, New Mexico, North Dakota, Pennsylvania, South Dakota, Texas, Washington, and Wisconsin. As long as your employees have a California driver’s license or a state issued identification card they can request replacement Social Security cards online through the My Social Security portal. Check out SSA’s blog today for more information.