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Compensation & Benefits

Beware seeking exemptions under Motor Carrier Act

10/04/2011
Some employers think they can classify truck drivers as exempt under the Fair Labor Standards Act by relying on the federal Motor Car­rier Act. But that’s tricky. To be covered by the MCA, the drivers must cross state lines while doing their jobs.

Beware the tipping point: Setting up tip pool often requires expert legal advice

10/04/2011
Restaurants that use tip pools and rely on the tip credit to justify paying their employees $2.13 per hour rather than the minimum wage of $7.25 per hour often grapple with which employees can be included in the pool. It’s not always clear.

Will your 2012 per-employee compensation budget be larger than it was this year?

10/04/2011
More than half of poll respondents say payroll will not grow in 2012.

DOL: Company president pumped assets out of fund

10/03/2011
The Employee Benefits Secu­r­ity Administration (EBSA) is suing Keith Davis, owner of Elmhurst-based A.B.D. Tank & Pump Co., claiming he drained his employees’ retirement fund of $1.9 million.

What are the rules on setting a late policy?

10/03/2011
Q, We would like to institute a rule subjecting em­­ployees to discipline for clocking in late. Are we permitted to do this even though we round our employees’ time to the nearest quarter-hour?

Can fired poor performer receive unemployment benefits?

10/03/2011
Q. One of our employee’s job performance no longer meets our standards. While she used to be a good worker, she’s now making a lot of errors, coming in late from time to time and not getting along with her co-workers … If we fire her for poor performance—which we would consider termination for cause—will she be eligible to collect unemployment compensation?

Are FSA reimbursements reportable?

10/01/2011
Question: An employee signed up for a cafeteria plan health flexible spending account (FSA). Last February, she had back surgery, which meant that she was reimbursed for the full amount of her annual election. She quit before the balance of her elective deferral could be withheld from her pay. Must we report the amount paid out to her from the FSA, but not yet deducted from her pay, on her W-2?

HRAs Off the Hook for Annual Waiver Limits

10/01/2011
For plan years beginning Sept. 23, 2011, unless the U.S. Department of Health and Human Services grants a waiver, group health plans that impose annual or lifetime limits on the dollar value of essential benefits are restricted to imposing an annual limit of $1.25 million.

Use EFTPS to Make a Payment With an Amended Return

10/01/2011
If you’ve filed Form 941-X or another amended return, and you must make a tax payment for an old calendar quarter, you may use the IRS’ Electronic Federal Tax Payment System (EFTPS).

Get your 1099-MISC year-end procedures in place now

10/01/2011
Big changes are coming to the year-end independent contractor reporting process.