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Compensation & Benefits

Understand paid and unpaid state-level family and medical leave laws

03/19/2025
You are probably pretty good about letting employees know how much leave they have available under your paid-time-off plan. You’re no doubt diligent about granting FMLA leave for which they are eligible. However, are you fully familiar with opportunities for paid or unpaid family and medical leave mandated by states? Are your employees?

In the Payroll Mailbag: April ’25

03/19/2025
Rarely asked questions don’t have less value than frequently asked questions. And in Payroll, the RAQs usually cause trouble.

Employer’s ‘honest belief’ is enough for FMLA defense

03/19/2025
You are not liable if you fire an employee because you honestly but mistakenly believed they weren’t entitled to FMLA leave. The 4th Circuit said so and the Supreme Court affirmed the 4th Circuit’s decision by turning down the employee’s appeal.

State PFML laws, part 2: DOL addresses FMLA substitutions

03/19/2025
Taxes aside, the tougher issue with state paid family and medical leave laws is how they interact with the FMLA—specifically, how the FMLA’s substitution rules apply to an employee who is eligible for FMLA and/or PFML leave. The Department of Labor has issued guidance.

Two-minute payroll reads: April ’25

03/19/2025
Payroll is complicated and your time is limited. Spend two minutes reading these digests and you’ll be able to keep the C-suite up-to-date on key payroll developments.

April is the cruelest month

03/19/2025
Payroll managers know this sentiment well, since the first-quarter Form 941 is due at the end of the month. Here are some tips for completing 941 forms.

State PFML laws, part 1: IRS addresses payroll taxes

03/19/2025
More than a dozen states have paid family and medical leave programs. The IRS has finally provided some much-needed guidance for employers, employees and states with these programs.

Taxpayer liable for return preparer’s long-ago fraud

03/19/2025
You can delegate the task of filing your Forms 941 and 940 to another person, but you’re on the hook if your return preparer messes up. This includes being liable for fraud committed by your return preparer years ago, the Tax Court has ruled.

It ain’t over ’til it’s over, and maybe not even then

03/10/2025
An employee who was fired sued his employer for age discrimination under the Age Discrimination in Employment Act. In response, the employer demanded that the employee arbitrate his case, and the employee acquiesced. At this point, the employee could have asked the trial court to issue a stay, which would have kept the case open. Instead, he agreed to have his case dismissed without prejudice.

Beware new class-action threat targeting smoker surcharges

03/10/2025
Employees claim Whole Foods’ benefits plan violates ERISA because plan administrators aren’t acting in the smoking employees’ best interests when they refuse to refund surcharges after employees quit using tobacco products.