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Archive for Rules, Regulations and Laws

Some States Try Auto-IRAs to Encourage Savings

Experts have been sounding alarm bells for years about the number of individuals who are not saving enough for retirement.  But many workers continue to put off preparing for the future.  Now some states are taking matters into their own hands.  Several states either have passed legislation or are considering legislation which would create a so-called “auto-IRA.”  States are hoping that these mandatory IRAs will spur savings among employees. (more…)

Posted in: HR Rules, Regulations and Laws, Human Resources, Operating a Small Business, Retirement plans, Rules, Regulations and Laws

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Overtime Rule Put on Hold!

Small business owners can take a collective breath – at least temporarily. U.S. District Judge Amos Mazzant in the Eastern District of Texas granted a preliminary injunction regarding the Dec. 1 implementation date of new Overtime Rules released by the Labor Department in May, 2016. (more…)

Posted in: Human Resources, Operating a Small Business, Payroll, Rules, Regulations and Laws

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New Healthcare-Related Legislation Can Affect Small Businesses

You’ve heard of the Affordable Care Act. But have you heard of the Small Business Health Care Relief Act of 2016? As with all legislation, both of these bills are having (in the case of the Affordable Care Act) or could have (in the case of the Small Business Health Care Relief Act of 2016) an effect on you as a small business owner. The purpose of this second law, if passed, is to enable business owners to continue to provide healthcare reimbursement which is currently blocked by the Affordable Care Act. (more…)

Posted in: Operating a Small Business, Payroll, Rules, Regulations and Laws

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Could You Handle Different State’s Payroll Taxes and Regulations?

I was really excited for a colleague who got a big contract that was going to expand his company this year. He was excited because his small business would no longer be just a local business, but would now be a business that worked nation-wide. We celebrated with a congratulatory lunch. It wasn’t but a couple of weeks later that he called and was obviously down. I was afraid he’d lost the deal. But no, he said it was worse – it was about payroll taxes. (more…)

Posted in: IRS and Tax forms, Payroll, Payroll Processing, Payroll Taxes, Rules, Regulations and Laws

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When Are You Paying Your Employees?

You might think that setting up a regular payroll would be easy. You know, put in names and start paying the employees. But stop right there, you’re going to have to first determine when you’re going to pay them, and I’m not talking about what day of the week. Of course, it’s much more complex than that. You have to consider the hold back. What’s that? Well, it’s certainly something you have to consider. (more…)

Posted in: Payroll, Payroll Processing, Rules, Regulations and Laws

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Legislation Can Change Everything … At Any Time

You never know when new legislation might be passed, turning your small business’s life upside down.  Just when you think you have things figured out and your business is on the right track, the government can decide that you need to change the way you operate.  Small business owners in New York are currently facing a scenario in which proposed legislation threatens to change the way they will be allowed to pay their employees. (more…)

Posted in: IRS and Tax forms, Payroll, Rules, Regulations and Laws

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So You think Handling Your Own Payroll is Easy?

As if payroll itself wasn’t complicated enough, there are IRS reporting deadlines and deposit schedules to comply with as well. And, to make things ever more interesting, it can change depending on how your payroll changes through the year. How can a small business owner keep up with it all? (more…)

Posted in: IRS and Tax forms, Payroll, Rules, Regulations and Laws

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Have you Heard About the New Overtime Rule?

President Obama recently made news in the business world by announcing an executive change to the rules governing overtime pay.  This change will result in a greater number of workers who will be eligible for overtime pay.  Because this change has the potential to affect the size of workers’ paychecks, it is sure to capture the attention of employees and employers alike.  (more…)

Posted in: Payroll, Payroll Processing, Rules, Regulations and Laws

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Employee Bonuses, Awards and Fringe Benefits: What Employers Need to Know

Many small business owners (SBOs) think they don’t need to have a human resources or payroll department. They think they can handle all of the HR and payroll paperwork themselves. The problem is, not having a payroll department means these employers are taking on a considerable financial risk. (more…)

Posted in: IRS and Tax forms, Payroll, Rules, Regulations and Laws

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Fraud: Under-reporting Payroll to Reduce Worker’s Compensation Premiums

Worker’s compensation fraud is “the fastest growing segment of insurance fraud,” according to the National Insurance Crime Bureau. One way, small business owners commit insurance fraud is by under-reporting payroll to avoid paying worker’s compensation premiums to their insurance carrier. If your small business is under-reporting payroll to save on premiums, you need to know that you’re playing with fire. If you’re caught, you could face financial penalties and jail time.

Be sure you are not committing fraud with your reporting.

Last year, Sung Hyun Kim and Caroline Choi, CEOs of sewing companies Meriko Inc. and SF Apparel Inc. were arrested, along with their accountant Jae Kim, on suspicion of workers’ compensation insurance fraud. Beginning as early as 2006, they’re accused of underreporting $78 million to more than a half-dozen insurance carriers. The trio conspired to hide payroll to avoid paying workers’ compensation insurance premiums. They fabricated payroll records and paid employees under the table through an undisclosed bank account. Sung Hyun Kim faces up to 28 years in prison, Choi faces more than 15 years behind bars, and Jae Kim could get a 22-year prison term, according to the Los Angeles County District Attorney’s Office.

Creative Under-reporting

Employers can use a variety of “creative” methods to under-report payroll. Some common under-reporting methods used include:

  • Misclassifying employees into “safer” jobs.
  • Paying employees under the table.
  • Hiring employees as independent contractors.
  • Paying bonuses off the books.
  • Paying employees on a non-wage basis, such as a reduction in rent or free meals.
  • Setting up dummy companies to “hide” employees.
  • Understating payroll to insurance companies.
  • Fabricating phony payroll

Perhaps, business owners don’t realize the impact their dishonesty can have on their company, employees and other companies. Employees who are hurt on the job may not have workers’ compensation coverage to pay their medical bills. Or, in cases where there’s no worker’s compensation insurance, your small business may be considered “self insured,” which means as an employer, you must pay the employee’s medical bills and lost wages. If the injury is severe and the costs are high, you may be forced to go out of business.

The Real Cost of Payroll Fraud

Additionally, when you cheat the insurance companies out of the premiums they’re owed, this causes the rates to go up for everyone else. Businesses pass these premium increases on to their customers in the form of higher prices for goods and services. Therefore, fraud hurts everyone. So don’t do it! It’s not worth the risk.

Payroll fraud can be a costly issue for employers. By outsourcing your payroll services to a reputable external payroll provider, like The Payroll Department, you can help ensure your payroll information is secure and reviewed regularly for errors and other discrepancies. Contact Teresa Ray of The Payroll Department at (317) 852-2568 to learn how outsourcing your payroll can protect your company from fraud and give you peace of mind.

-Ariane of The Payroll Department blog team

Posted in: Payroll, Payroll Processing, Rules, Regulations and Laws

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