A particularly tedious aspect of being an employer is collecting & maintaining a document trail of employment forms each with their own expiration date.  The most time consuming part is usually the task of locating specific forms quickly.  Employ-Ease can solve that.

Here’s a quick guide of some things you need to keep record of:

Personnel – (Keep for one year after end of employ)

        Applications

        Tax withholding (W-4, IT-2104)

        Immigration (Form I-9 must be kept separately from other employee documents and for minimum 3 years)

        Performance reports, policy violation warnings, pro/demotions, transfers, lay-offs, terminations

        Sexual Harassment Prevention training

        Background checks, drug tests, employment history

Payroll – (Maintain three years after end of employ)

        Employee name, address, SS#, gross wages, deductions, net pay

        Pay Rates, changes, additional pay (commission, bonus)

        Compensation by pay cycle (hourly, shift, salary, OT, commission)

        Allowances as part of wages (tips, meals, lodging)

        Written acknowledgement of pay basis (Form 195)

Benefit

        Options & Eligibility

        Summary Plan Descriptions (SPD) for medical insurances

        Notice of NY Secure Choice Savings Plan availability for retirement

        Enroll or decline forms

        OSHA exposure, material safety data sheets, medical records

Employ-Ease utilizes DocuWare software to retain & retrieve all our client’s required documentation indefinitely – another way we make it Easy to Employ!

Garnishment: an embellishment accompanying a prepared item

On food or drinks, a garnishment is a pleasant add-on.  However, a court-ordered wage garnishment is an unwelcomed embellishment on top of an already difficult calculation for tax withholdings.

Child support, tax debt, alimony, student loan demands, and bankruptcy obligations are more common than you may think and more confusing than they need be.

After receiving an order to levy wages, garnishments are to be deducted from the following payroll, payable immediately and continue until a termination order has been issued.  Additionally, employers are required to notify the court or government agency that issued the order if the employee quits or is terminated.

The amount to deduct depends on each wage order. Some are fixed amounts, others based on disposable income – which may fluctuate each payroll. The situation becomes increasingly tricky when there are multiple garnishments. The priority of garnishment depends on the date of notice and type of garnishment.  Child support is usually given priority.

Wage garnishments cause additional paperwork for employers and – no surprise – penalties if done late or incorrectly. It takes time to learn how to set up your payroll process to accommodate your obligation as an employer.

Employ-Ease is responsible for complying with garnishments for our clients, we can do the same for your unwelcomed embellishments!

Knowingly or not, employers are committing wage theft.

Some simply due to ignorance, others due to lack of oversite, but all can create headaches for violating employers, including back pay, fines, and negative headlines.

New York’s Wage Theft Prevention Act went into effect in 2011 with public notices of wage theft, and fines up to $20,000.

Keep your company out of the news and out of debt for these common abuses.

Overtime Violations – When an employer wrongfully denies overtime pay to an eligible employee.

The FLSA recognizes a 7-minute rule wherein the employer may round up or down to the nearest 15 minutes for simplicity in time keeping.

Minimum Wage Violations – Not adhering to minimum wage laws. 

New York’s minimum wage is higher than the Federal requirement, and there is no such thing as a ‘training rate’ that is lower than minimum wage.

Tipped employees may be paid a base wage ($8.80 for 2022) plus tips must reach minimum wage – or shall be paid an additional tip adjustment.

Misclassification Violations – Classifying employees incorrectly, such as independent contractors.

Treating a true “W-2” employee as “1099” worker cheats them of workers’ comp and disability coverage and employer contributed social security benefits.

Illegal Deductions – When an employer takes a portion of an employee’s paycheck for items that do not qualify.

Other than mandatory taxes and state or Federal garnishments, all deductions require the employee’s written consent. 

Off-the-Clock Violations – Failing to pay an employee for work performed when not technically on duty.

For example: an employee who continues to work for customer or project after scheduled hours is still due their regular pay, including overtime. 

Rest Break Violations –  Not adhering to rest break laws.

Mealtime breaks are required during any 6+ hour shift – but are not necessarily paid time.

Other break periods customarily five to fifteen minutes, do count as time worked and therefore paid time.

Clearly, there are several ways employers can run afoul of wage and hour laws.  Employ-Ease helps our clients stay out of wage and hour troubles.