Month: November 2016

What Are the Payroll Requirements for Employees?

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Federal and state wage and hour laws regulate the method of payment of wages, the payment of wages when employees are terminated, deductions from employee paychecks, the withholding and payment of employment taxes, wage garnishments, record-keeping, and the maintenance of payroll records.

Employers must hold back from employee paychecks certain tax payments including federal and state income taxes and FICA.

To determine the proper withholding for federal and state income taxes, employees must complete Form W-4 and provide the employer with their Social Security number. At the end of each year, employers are required to report on a Form W-2 each employee’s earnings and the taxes withheld.

Also, employers must also have an employer identification number (EIN) for reporting and paying federal and state unemployment and payroll taxes.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

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How are Paychecks Protected for Employees?

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The payment of wages for employees is regulated by both federal and state law.

Employers must pay wages in cash or its equivalent. Direct deposit is continually becoming more popular as a convenient method for paying wages.

In addition to the method of payment, state laws also regulate how frequently employees must be paid. Many states have laws regarding the payment of wages when the employee is terminated, including accrued vacation, and these rules are often different depending on whether the termination is voluntary or involuntary.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

How is Overtime Calculated Federally?

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The Fair Labor Standards Act (FLSA) requires companies doing interstate or foreign commerce and state and local governments to pay overtime of 1.5 times an employee’s regular rate of pay for hours worked in excess of 40 hours in a workweek.

There are several overtime pay laws by the FLSA such as properly calculating a workweek, when to pay overtime, what notices an employer must post in the workplace, the fact that the right to overtime protection may not be waived by an employee, and properly calculating employees’ regular rates of pay.

However, keep in mind that certain executive, professional administrative, computer professional, outside sales, and highly compensated employees may be exempt from the overtime rules.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

What is the Federal Workplace Safety and Health Laws?

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The federal workplace safety and health laws were designed to “assure, as far as possible, every working man and woman in the nation safe working conditions and to preserve our human resources.”

The Occupational Safety and Health Administration (OSHA) administrates and enforces these laws. The laws set out national standards for workplace safety and health practices throughout the country.

There are rules for hazard assessments, employee safety and health, hazard communication, record-keeping, OSHA inspections, employee rights, penalties, and most frequent OSHA violations.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Notice Posting Requirements for Employers

notice-posting-requirements-for-employers

Federal and state employment laws require that employers post notices in the workplace explaining the rights of employees.

Required notices must be posted prominently and out in the open where they can be readily seen by both employees and applicants for employment.

Many employers display the required posters in an employee lunchroom or break room, as well as in the human resources area or by the main entrance to the workplace.

Employers that fail to post the required notices may be subject to penalties and fines. Also, being able to show that the required posters were displayed in the workplace is important for defending any claims of discrimination, violations of wage and hour laws, and other similar claims.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/