Happy Labor Day!

Wishing my all followers a Happy Labor Day! Monday marks the 125th celebration of Labor Day as a national holiday in the United States.
Labor Day, the first Monday in September, is a creation of the labor movement and is dedicated to the social and economic achievements of American workers. It constitutes a yearly national tribute to the contributions workers have made to the strength, prosperity, and well-being of our country. The history of the holiday is interesting. The first governmental recognition came through municipal ordinances passed in 1885 and 1886. From these, a movement developed to secure state legislation. The first state bill was introduced into the New York legislature, but the first to become law was passed by Oregon on February 21, 1887. During 1887, four more states – Colorado, Massachusetts, New Jersey, and New York – created the Labor Day holiday by legislative enactment. By the end of the decade Connecticut, Nebraska, and Pennsylvania had followed suit. By 1894, 23 more states had adopted the holiday, and on June 28, 1894, Congress passed an act making the first Monday in September of each year a legal holiday in the District of Columbia and the territories. Who actually started the day is still disputed but it appears that of the two men generally credited with its beginnings, Peter J. McGuire and Matthew Maguire, the better claim for the credit for the holiday goes to Matthew Maguire, secretary of Local 344 of the International Association of Machinists in Paterson, NJ. Regardless of who had the idea, 125 years later it is still going strong. So Happy Labor Day!
 

EFT, ACH and EDI are Different and It Matters

In payroll we tend to use the terms EFT, ACH and EDI interchangeably.  But in actual practice they are quite different.  To help explain these important differences the National Automated Clearing House Association or NACHA has provided some guidance on their April 29, 2019 blog, written by Rober Unger.   It is helpful to payroll professionals to understand these terms and use them correctly.  I found this blog extremely helpful and I hope you do to.

Warning: Once Again Payroll Professionals are Being Targeted by Scams

 The Internal Revenue Service and its Security Summit partners have once again warned payroll professionals of an uptick in phishing emails targeting them that this time involve payroll direct deposit and wire transfer scams.

 These business email compromise/business email spoofing (BEC/BES) tactics generally target all types of industry and employers. The IRS and the Summit partners, consisting of state revenue departments and tax community partners, are concerned these scams – a well as the Form W-2 scam — could increase as the 2019 tax season approaches.

These emails generally impersonate a company employee, often an executive, and are sent to payroll or human resources personnel. The email from the “employee” asks the payroll or human resource staff to change his or her direct deposit for payroll purposes.The “employee” provides a new bank account and routing number, but it is, in reality, controlled by the thief. Most of the time this scam is usually discovered quickly, but not before the victim has lost one or two payroll deposits.

As a reminder, we have discussed in a previous blog, there is another version of the BEC/BES scam, the emails impersonate a company executive and are sent to the company employee responsible for wire transfers. The email requests that a wire transfer be made to a specific account that is controlled by the thief. Companies that fall victim to this scam can lose tens of thousands of dollars.

 A common theme in these and many other email scams is that they include grammatical and spelling mistakes.

The IRS has provided an example of one such email (edited by IRS) that is displayed at the top of this blog.

Payroll/Tax professionals and others should also report tax-related phishing emails to phishing@irs.gov. This account is monitored by IRS cybersecurity professionals.This reporting process also enables the IRS and Security Summit partners to identify trends and issue warnings. Because of the dangers to tax administration posed by the Form W-2 scam, the IRS set up a reporting process for employers. Employers who fall victim to the W-2 scam should report it at dataloss@irs.gov. There is a process employers can follow at Form W-2/SSN Data Theft: Information for Businesses and Payroll Service Providers. Employers who receive the W-2 scam email but do not fall victim should forward the email to phishing@irs.gov.

Paying Extra to Exempt Employees

I always seem to get questions this time of year about paying overtime or “extra pay” to exempt employees.  Many departments or companies have this time of year as their busiest and want to make sure that exempt employees can earn extra monies during this time without endangering their exempt status or actually converting those employees to nonexempt.  I want to refer my followers to a great blog by Bill Pokorny of Franczek Radelet written for the Wage and Hour Insights blog that answers this exact question. I hope you find it useful.