Returning Value Blog

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 The withdrawn rule would have applied a more-limited economic-reality test."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.

The pandemic has thrown businesses into a never-before-seen scenario that has upended how they operate. Many businesses that were thriving before the pandemic now find themselves having to make difficult decisions, including whether to furlough or lay off employees. This task is not as simple as cutting payroll. Other factors must be considered. For example, furloughed employees are treated differently than laid-off employees when it comes to employee benefits.

The IRS has provided guidance to employers regarding the recent presidential action to allow employers to defer the withholding, deposit, and payment of certain payroll tax obligations.

Local income taxes are imposed by local governments, such as cities, counties, or school districts. They are used to fund various locally provided services, such as schools, parks, social services, law enforcement, transportation, and community-improvement programs.