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The airline industry is helping to shift more of the cost of business travel away from the booking phase — the stage at which costs can be managed most easily — to the trip itself when expenses are incurred on the fly. This creates challenges for corporate travel managers — and the federal government, which […]
In its latest guidance on W-2 reporting of health benefits (Notice 2012-9, issued Jan. 5) the IRS has clarified that employers need not include the cost of coverage under an employee assistance program (EAP), health reimbursement accounts (HRA), wellness program or on site-medical clinic in the reportable amount if the employer does not charge a premium […]
In a recently released legal memorandum, the IRS said that meals provided to airline crewmembers while they are on duty aboard an aircraft are not excluded from the employees’ gross income as a de minimis fringe benefit because they were not provided at “eating facilities.” Although the value of the meals would be excludable from […]
In yesterday’s Advisor, attorneys Deanna Brinkerhoff and Dora Lane helped us understand DOL’s misclassification crackdown; today, what to do about it, plus some good news—your job descriptions are ADA-compliant and up to date. Classification of workers as employees or independent contractors is a murky area, but there are some safe harbors and some steps every […]
What do short stories by O. Henry and independent contractor analysis have in common? You’re left guessing the outcome until the very end, says attorney Deanna Brinkerhoff. DOL is cracking down on classification, and that makes it a good time to evaluate your organization’s classification decisions. DOL estimates that 30 percent of employers misclassify some […]
An industry that’s no stranger to government scrutiny and suspicion has the promise of more oversight … and costs. DOL’s Wage and Hour Division (WHD) recently proposed expanding the reach of its minimum-wage and overtime requirements to cover more home health care and other home care workers – the folks who work with the elderly […]
Yesterday, we gave you the background on a recent court case involving the classification of social workers as exempt. Today, the court’s rationale for concluding that the workers should have been getting overtime pay.
It’s important to be sure you properly classify jobs as exempt if you’re asserting an exemption to the overtime pay requirements of the federal Fair Labor Standards Act (FLSA). That message was reinforced by a recent decision of the Ninth Circuit Court of Appeals (which includes California) in which the court concluded that state social […]
By Lisa K Loesel. Loans against a qualified retirement plan can go wrong in a variety of ways, exposing employers and workers to taxes and penalties. But employers and workers can avoid trouble if they remain aware of key factors to prevent the worst from happening. And even if potential violations occur, there are ways […]
California lawmakers stayed busy throughout the year, passing a number of new wage, hour, leave and anti-discrimination laws. Here, in no particular order, are some of the biggies that go into effect Jan. 1: Pregnancy Disability Leave All employers with five or more employees will be required, starting Jan. 1, to continue to maintain and […]