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What HR Managers need to know about Healthcare Reform

Healthcare Reform has survived the Supreme Court, which means employers need to develop a plan with how to comply and implement all the upcoming requirements. The 2010 Patient Protection & Affordable Care Act survived because the most controversial part, the individual mandate was deemed constitutional on June 28, 2012. Employers are now left with deciding […]

The Wage Theft Protection Act

  The Wage Theft Protection Act (AB469), which went into effect January 1, 2012, provides greater protection to workers and makes changes in the way workers in California are notified of basic employment information. The new legislation amends existing law and adds new requirements for employers. It also criminalized willful violation for non-payment of wages […]

Are Unpaid Internships Set to Cost Companies More?

An unpaid intern at Harper’s Bazaar magazine (a Hearst Corporation division) has filed a lawsuit alleging that federal and state wage and hour laws were broken during the internship, primarily due to not receiving compensation. Many companies in the fashion and entertainment industries utilize interns in an unpaid manner due to the allure and overwhelming […]

California Required Employment Paperwork for 2012

Starting January 1st 2012, all employers in California should have added a few more pages to their new hire paperwork. Non-exempt workers in CA must receive a notice from their employer when hired, which outlines Labor Code section 2810.5. The paperwork explains that they employee is non-exempt (eligible for overtime pay) and lists their overtime […]

1099 Misclassification Penalties in CA, new 2012

The California law SB 459 is effective January 1st 2012. In short, a company may be fined an additional $5,000 to $25,000 for the willful misclassification of 1099 or Independent Contractors. For employers it is a good time to ensure the policies for engaging Independent Contracts are in line with the law and standardized across […]

Proposed Changes: 1099 Independent Contractor Classification and Misclassification Penalties

Last year the House of Representatives and the Senate introduced two proposals directed at 1099 (Independent Contractor) classification. The legislation, which is backed by the White House, targets current grey areas with Independent Contractor classification, enforcement, and penalties. The following are overviews of the two Acts. The Fair Playing Field Act of 2010 introduced by both […]

2011 Employee 2% Payroll Tax Decrease

In December 2010, the IRS released information on the 2011 payroll tax grid. The main change to take note of is a 2.0% tax decrease for Social Security (the employee portion). For 2011 the employee rate will be 4.2%; however, the employer portion remains unchanged at 6.20%. Limits for Social Security and Federal Unemployment is […]

1099 Contractor Classification and Exempt Status

With changing labor costs, requirements, and companies fearing the unknown future increases in employment costs; many employers see the utilization of 1099s or independent contractors as a method to control human capital spend. However, many employers misclassify workers as 1099s when in fact they are W-2 status workers. This misclassification has been well documented since […]