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Compensation & Benefits

Rules against off-the-clock work don’t end OT claims

08/20/2013
Most employers have strict rules against working overtime without authorization. They use time clocks or other tracking systems to keep accurate records. But what if supervisors tell employees to work before they clock in or after they clock out?

Beware manipulating head count to dodge ACA employer mandate

08/19/2013
Trimming staff or cutting employee hours solely to dodge the employer mandate could run afoul of ERISA.

401(k) excess deferral project reveals payroll errors

08/19/2013
The results of the IRS’ 401(k) Excess Deferral Project are in, and they reveal a high failure rate for pretax contribution amounts that were reported on employees’ Forms W-2. The finding: 75% of employers needed to correct their W-2s.

ACA regs modify HIPAA

08/16/2013

Long before the Affordable Care Act, there was the Health Insurance Portability and Accountability Act. Among other provisions, HIPAA sets rules for wellness programs, limits pre-existing condition exclusion periods to no longer than 12 months and requires plans to provide employees with certificates of coverage. The ACA and its implementing regulations amend several HIPAA provisions.

Final IRS regs help combat growing problem of EIN theft

08/15/2013

Employer Identification Number theft is the poor stepchild to Social Security number theft—but it’s a growing problem. If it happens to you, EIN theft will cost time and money as you unravel the complications with the IRS. Final regulations begin to take aim at the problem.

ACA’s employer mandate postponed one year, until 2015

08/14/2013

The IRS has postponed until 2015 the Affordable Care Act’s mandate for large employers to provide health insurance to full-time employees or pay a free-rider penalty. Not postponed: The Oct. 1, 2013, opening of the individual exchanges and the small business exchanges, or SHOPs. Also not postponed: W-2 reporting of employees’ health benefits. Crucial: You also need to provide the exchange notices to all employees by Oct. 1

State-by-State Chart on Final-Pay Laws

08/14/2013
This chart summarizes the states’ final-pay laws. States without laws have been omitted.

Post-DOMA, here’s HR’s benefits to-do list

08/14/2013
It will take months to sort out all the implications of the Supreme Court’s recent decision to strike down Section 3 of the Defense of Marriage Act. But organizations with employees who are married to same-sex spouses can begin acting now to ensure their benefits plans comply with federal law.

New York City statute grants employees new sick leave rights

08/13/2013
The New York City Council has passed the Earned Sick Time Act (ESTA), overriding Mayor Michael Bloomberg’s veto. The law will be phased in for private employers. Under ESTA, private-sector employers with 20 or more em­­ployees in New York City will be required to offer each employee at least 40 hours of paid sick leave per year beginning on April 1, 2014.

Hell hath no fury like an English major scorned

08/13/2013
Publishing giant Condé Nast is being sued by two college students who allege they were illegally underpaid while interning at two of the company’s flagship magazines.