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Tip Pooling Eligibility: Who Can Participate?

By Legal, Tips
Tips and gratuities can make up a significant portion of many workers’ earnings. In addition to restaurant workers, employees in other settings such as beauty salons, car washes and valet services routinely receive tips from customers. So, what happens to the cash tip that you handed to the person who washed your car? The business may require the employee to place the tip in a “tip pool.” What is Tip Pooling? Tip pooling is the…
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Terminating Employees In a Conscientious Way

By HR, Layoffs, Legal
With recent changes in the economy, some employers may find themselves forced to reduce costs through employee layoffs. However, it’s important to know how to handle a reduction in force correctly. A failure to follow proper protocol when terminating employees or conducting layoffs could soil your business’s reputation and expose you to the risk of lawsuits or workplace safety issues caused by disgruntled employees. A cautionary tale In late November, a Mississippi-based furniture company laid…
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Recordkeeping Reminders for FLSA

By Legal, Payroll
It’s a good idea to periodically revisit recordkeeping requirements under the Fair Labor Standards Act (FLSA). Every employer covered by the FLSA must keep certain payroll records for each covered, nonexempt worker for at least three years. It’s in an employers’ best interests to keep as much detailed information as possible to demonstrate compliance with the FLSA’s provisions regarding minimum wage, overtime, equal pay and child labor. What kind of information do I need to…
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IRS Raises 401K Contribution Limits by Nearly 10% for 2023

By Benefits, Legal
The Internal Revenue Service (IRS) has announced a record increase in contribution limits for 401(k) and other tax-deferred retirement plans for 2023. Starting next year, retirement plan participants are allowed to contribute up to $22,500 to qualified plans such as 401(k)s, 403(b)s, most 457 plans or the Thrift Savings Plan for federal employees. The increase amounts to $2,000 more (roughly 10%) than the current $20,500 federal contribution limit for 2022. Contribution limits are indexed to…
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Inflation and cost-of-living adjustments (COLAs) are driving payroll changes coming for 2023

By Legal, Payroll
Changes include: Flexible Savings Accounts (FSAs)/Health Savings Accounts (HSAs) Next year, employees can put an extra $200 into their FSAs/HSAs, with the annual contribution limit rising to $3,050 (up from $2,850 in 2022). Employers should make sure that their plan documents, summary plan descriptions and election forms disclose this change to employees. QSEHRAs Allowances for qualified small employer health reimbursement arrangements (QSEHRAs) increased to $5,850 for individual coverage (an increase of $400) and $11,800 for…
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By the Numbers: Calculating Employees for Workers’ Comp

By Legal
The number of workers employed by a business is often a determinant in how certain employment laws apply. This month, we will focus on how a business should define its number of employees for the purpose of workers’ compensation (workers’ comp) requirements. Workers' comp laws protect people who become injured or disabled while working at their jobs. They provide replacement income in the event of a workplace accident which prohibits the employee from returning to…
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Employment Regulations by the Numbers

By HR, Legal
Employers of any size must understand and be compliant with applicable labor laws. While we won’t go into an exhaustive review of all employment regulations in this article, here are some things to keep in mind. Regulations that apply to all employers Employers of all sizes must comply with certain federal laws. These include, but are not limited to: Equal Pay Act (EPA), which requires equal pay for equal work Fair Labor Standards Act (FLSA),…
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Remote Workers Do Not Necessarily Qualify as Independent Contractors

By Legal
As many companies have expanded their workforces to include out-of-state employees and others working from remote locations, it’s tempting for some employers to consider those employees independent contractors instead of full-time employees. After all, keeping a worker off the payroll may potentially save an employer money on payroll taxes, benefits and other labor costs. However, as we have seen recently in the state of Georgia, labor authorities are taking a closer look at these arrangements…
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Georgia Law Imposes Penalties for Improper Employee Classification

By HR, Legal
Georgia’s new Act 809 (H.B. 389), effective July 1, 2022, seeks to tighten the distinction between employees and independent contractors. By expanding the definition of employee, more workers will be able to claim unemployment benefits. Act 809 changes the definition of employment to include any services an individual performs for wages, which would apply to most workers. Act 809 classifies workers as contractors only if they are autonomous and unrestricted in the performance of services.…
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Know Your Youth Labor Laws

By Legal
Younger workers – those under the age of 18 – can be a great source of workplace talent for employers. They’re energetic, creative and, for the most part, flexible if you can work around their academic and extracurricular commitments. If you’re thinking of hiring youth labor for your business, you’ll need to be mindful that most states have their own rules about employing young workers. In addition, some states have different minimum wage requirements. When…
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