HRforME
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It is my understanding that yes, ADP will file payroll taxes, however they will not do it for any period where they were not the provider for the whole period. So it is best to convert at the beginning of a year or quarter. I have worked for a cons…
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If you can get management/ownership to buy into changing the situation, I would have a sexual harassment policy and training session and try to show them how specific statements could come back as liability on them/the company. (The state of TX has…
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[:$] Thanks for the compliment. I am not known for my conciseness.....so it is nice to see someone appreciate it when it happens [:D]
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From my research, it is my understanding that you can not do so. The employee can choose to leave the employer plan and move to a Medigap or Medicare Advantage plan, but you can not force them. It doesn't have so much do with ADEA as much as medica…
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Like TXHRGuy stated above, NCAs are going to depend on both state laws/courts and Circuit courts applicable to the employer(s). While the employee did sign the NCA, you need to protect your employer. If that requires asking the new employee and gett…
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Trying one more time to get info to you that doens't require approval. Search google for "theft of trade secrets texas" to find a blog that has a great article in October 07 under the section Theft of trade secrets. It talks about how a hiring emp…
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I tried to post a link, but it is requring approval....so try the following go to blog(dot)texasnoncompetelaw(dot)com and look for an article in October 2007 titled "Texas Trade Secret Law" under Theft of Trade Secrets. rr
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I am going to try to post a link to a great article I found (dated October 07) at blog.texasnoncompetelaw.com/ 2007/ 10/ articles/ theft-of-trade-secrets/ texas-trade-secret-law-when-your-new-employee-knows-too-much/....just take out the extra space…
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I would agree with TXHRGuy. Since you know about it, I would ask to see a copy and pass it by legal counsel. I would also check to what your state/circuit court precedents are in NCA court cases. I have known companies to not only sue the ex-emplo…
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If you are going to try to compete with the big boys, you need to know them inside and out. If that means you have to pay to register, that will be smart money spent. You also need to look at other local competitors -- craiglist, university caree…
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Unless there is a business reason for HR to handle the checks, I agree with the others that payroll/accounting should distribute them. However, if someone in HR is overseeing things like making sure term'd ees aren't getting a check or that new hire…
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I would further research and document how contact was initiated. It worries me a bit that you know he was even working with this search firm. Did the search firm know you were looking for this position? Were they contracted/hired to look for this p…
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From a message on the BenefitsLink forum, here are a few responses: (1) A simplified explanation of the difference is 3401(a) wages are shown on your paycheck each pay period. This is the amount subject to tax withholding. W-2 wages are calculated …
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I don't see any risks for prior pay. I wouldn't however state that some got it before and others did not. Just that a new formal plan has been setup. Personally, I prefer written compensation policies for those paid anything other than straight sal…
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I would at least do a basic investigation to protect you later should there be a WC claim or any other type of negligence lawsuit. If you totally ignore it, then that could possibly be considered negligence in the future. Is the foreman one of the …
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For some reason the message with the links has not been approved yet. I will say that California REQUIRES an employer to reimburse for employee expenses. If you go less than the IRS rate, the employer takes on more liability for what is owed should…
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I just posted a message with some applicable links for you (it takes a little time for posts with links to be approved), but wanted to make sure that you and other readers realized the information I posted was for California only. Most states don't…
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From everything I am finding, the DLSE is of the opinion that the IRS's standard mileage rate satisfies the expenses incurred by employee reimbursement requirement. Here's one document that discusses the 1937 law and how it has been interpretted: w…
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Wow! That's the 2nd compliment I've gotten today. Must be a good idea to go on vacation every once in a while! rr
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First problem...these would never be considered volunteers, especially if you are paying anything to do the job. All hours worked for one employer, regardless of job duties, have to be counted into your OT calculation. http://www.dol.gov/dol/allcfr…
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For retirement (401k and pension) plans, you need to look at the "break in service"/rehire rules in the plan documents for each plan. They can be different than those for other benefits (vacation, medical/dental eligibility, etc)
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Regardless of whether it is a WC claim or not, I would not allow her to work more hours than the doctor suggests. Since she is not covered under FMLA, you do not have to hold her job for her. So I would do is sit down and negotiate with her. Tha…
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[quote user="vmenghaney08"] What happens if this employee is rehired after 1 year, my understanding is that a new I-9 Form needs to be filled out. Am I correct? If you have already shredded the old documentation, then definitely. If not, see the fo…
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When I read these situations, it makes me glad to be both payroll and HR because I communicate very well with myself LOL. But ultimately, there need to be checks and balances between HR and payroll for any wage/benefit issues outside of the employe…
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In Texas no notice is required, however you can not make it retroactive. http://www.twc.state.tx.us/news/efte/pay_agreements.html states "Under the general common law, an employer must pay an employee according to the wage agreement that was in eff…
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This is one of those situations that I would run by an attorney. There are just too many issues with it...i.e. does the MS disability cause the emotional disturbances? Does medication cause them? If not, is the emotional disturbance a disability un…
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As a creditor, you can look into your state's laws on wage garnishment. I know in TX that the only garnishments that are legal are child support, IRS liens or student loans. Different states' wage laws allow for different garnishments and maximum a…
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Luckily power came back on at the office this weekend...now just a week behind!
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I am pretty much in the middle of it all...Luckily my house got power back Sat evening, but my parents are still out so they are currently living with us. Not the best situation...since their house is less than 2 miles from mine. We did have a leak…
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[quote user="TXHRGuy"]It's raining in Houston but it was downgraded to a tropical storm last I heard. I think that's HRforME's territory....[/quote] Luckily I got to watch the weather on the 'net from Destin Florida where we had large waves from t…