Returning Value Blog

Documentation is key to wage and hour compliance. Simplify time tracking by automatically calculating hours worked as well as vacation time, holidays, sick days, and overtime. There was a time, not so long ago, when timesheets were filled in manually. Spreadsheets were the next development, but today, managers can choose among a variety of software options that can solve a variety of problems.

Paperless payroll is a paper-free payroll process that has become hugely popular in recent years. But despite the groundswell of support for paperless payroll solutions, employers should examine the details before making the switch. 

Many businesses provide education fringe benefits so their employees can improve their skills and gain additional knowledge. On a tax-free basis, an employee can receive up to $5,250 each year from his or her employer for educational assistance under a “qualified educational assistance program.”

In May 2021, the Department of Labor withdrew the “Independent Contractor Status Under the Fair Labor Standards Act” final rule. According to the Society for Human Resource Management, "The DOL has traditionally analyzed a number of factors to consider whether a worker is an independent contractor or employee and looked at 'the totality of the circumstances.' The withdrawn rule would have applied a more-limited economic-reality test."

It's not uncommon for employers to entrust company property to employees, such as:

• Office keys.
• Building entrance badges.
• Uniforms.
• Computers/laptops.
• Cellphones.
• Vehicles.
• Job-specific tools or equipment.

If the employee terminates and does not return the property, you may be tempted to hold back their final pay until they return the item.

However, withholding the employee's final paycheck is against the law.

Payroll is a mission-critical function — one that must be done even amid disasters or emergencies, such as:

We often hear our clients or other government contractors use "subcontractor" and "independent consultant" interchangeably; however, they are not synonymous. Sometimes we hear independent consultants being referred to as "1099s," which is a misnomer because 1099s will be issued to both unless the subcontractor is an S or C Corporation. An individual may be working for a company as an independent consultant but based on Department of Labor Fair Labor Standards Act (FLSA) guidelines; they may actually be determined to be an employee. It is vital to differentiate and classify the worker correctly, or there may be fines and penalties.

As COVID-19 vaccines become available, employers may require vaccines before employees return to the worksite if the employer believes that failure to be vaccinated constitutes a direct threat to other employees. With the virus still rampant, it's easily transmitted.

If your small business is planning for payroll next year, be aware that the "Social Security wage base" is increasing.

If your remote employees live in the state where your business is located, you must follow federal employment laws plus your state's employment rules. But if your remote employees live in a different state from where you conduct business, you must comply with federal employment laws plus the labor laws for each state in which your employees reside. This applies to all areas of employment, including hiring, performance management, payroll, and employee benefits.