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Inadequate Pay Records Can Prove Costly to Employers

[Author: Julie Taylor, Accountant/Human Resources Coordinator, 2015 | Keywords: Human Resources, Recordkeeping] As an employer, poor recordkeeping could cost you serious penalties if you do not have accurate records of your employees’ work time. Read on to discover what records you are required to keep and for how long. While many employers may not think of recordkeeping violations as being a big issue, without proper records, you cannot be sure you are paying for all time actually worked, including overtime. You may leave your organization vulnerable to both employee discontent and costly wage and hour claims, as a result. Both state… Read More »

U.S. Department of Labor Wage and Hour Division Tightens Enforcement of Independent Contractor Rules

[Author: Bob Evnen, Woods & Aitken LLP, 2015 | Keywords: Human Resources, Contractor, Wages] The federal and state governments are cracking down on independent contractor arrangements when the government thinks the independent contractors are really employees. What the government is getting at: Who is an employee? Most workers who perform services for businesses are treated as employees of the business. Income and payroll taxes are withheld from their paychecks. The business pays its share of Social Security and Medicare payments for these workers. At the end of the year, the business sends them W-2 forms reporting their gross employment income and… Read More »

The Fair Labor Standards Act: The New Federal Overtime Rules

[Source: Seigfreid, Bingham, Levy, Selzer & Gee, P.C., 2007; R-2013 | Keywords: Human Resources, FLSA, Wages] For the first time in decades, the U.S. Department of Labor has significantly changed the rules regarding overtime pay for millions of workers throughout almost every industry in the United States, including the employees of equipment dealers. The new rules, however, only affect the minimum wage and overtime pay requirements for certain “white collar” employees at dealerships. They do not affect the overtime exemptions that may apply to certain salesmen, technicians or partsmen at farm implement dealerships, as further discussed herein. This information is designed… Read More »

Little Things Cost a Lot — Wage and Hour Mistakes

[Author: Lesley Sifers, Tax Favored Benefits, Inc., 2011; R-2013 | Keywords: Human Resources, Wages] I have written about this topic several times, but it seems there are still many employers making serious mistakes in wage administration; mistakes that lead to hefty fines when a company is audited by the Department of Labor (DOL) or state and local agencies. The DOL is stepping up enforcement and other agencies are following suit. It’s a rare audit that doesn’t result in costly findings. New enforcement initiatives concentrate on non-exempt workers – those who are NOT exempt from overtime pay requirements of the Fair Labor Standards… Read More »

New People in the New Year? Tips on Hiring the Right People

[Author: Lesley Sifers, Tax Favored Benefits, Inc., 2012; R-2013 | Keywords: Human Resources, Recruiting, Hiring] I don’t know if the economy is really getting better or not. However, I do know that many companies have been running with less-than-comfortable staffing levels. While there are a lot of good candidates out there, in the past few years it has become increasingly difficult to find a really good job. Some “experts” say this has led to more exaggeration on resumes and applications, if not outright lying. It doesn’t really take an expert to know that applicants have been doing that for years. Perhaps… Read More »

Pop Quiz: Are You Paying Too Much or Too Little? Understanding Overtime Calculations

[Author: Lesley Sifers, Tax Favored Benefits, Inc., 2012; R-2013 | Keywords: Human Resources, Wages]  In case my articles haven’t tortured you enough, I thought it was time for a pop quiz. I have written many, many times about the Fair Labor Standards Act (FLSA) and the nuances of overtime pay. So, I thought it was time for you to take a test on the subject since I still get a lot of calls about this topic. Each problem you answer correctly is worth 25 points and the bonus question is worth 50 points. Problem #1: Weekly pay periods. Jack works 9… Read More »