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Pay Matters! May 2018

05-02-2018
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We know, you’ve got a lot going on.  So much, in fact, that you don’t have a ton of time to worry about what’s new in the payroll world.  That’s where we come in!

Want to make sure you’re not missing important developments in the payroll scene?  Never fear: we’ve got the round-up of payroll news and updates that you need to know in order to stay in the loop.  This is Pay Matters –  the May 2018 edition.

Read on to stay informed and stay in compliance with relevant alerts and insights that matter most for your payroll.


FEDERAL PAYROLL UPDATES

DOL Releases Clarification on Tip Pool Rules

On April 6, the U.S. Department of Labor released a field bulletin providing further clarification on the FLSA tip ownership and pooling amendment included in the Federal budget passed by Congress in March.

The DOL’s guidance clarifies that under the FLSA amendment, employers are prohibited from keeping employees’ tips, managers and supervisors cannot participate in tip pools, and back of the house workers who do not earn tips can participate in tip pools as long as they are paid at least the federal minimum wage of $7.25 per hour.

The DOL notice also defines a supervisor and manager as an employee who has the authority to hire and fire, directs the work of two or more people, and has the primary duty of management.

State laws may impose different requirements regarding participation in tip pools and the definition of supervisor and manager. Be sure to speak to your legal advisor before making any changes.

IRS Releases FAQ on FMLA Employer Credit       

On April 9, the IRS released an FAQ on the business credit available to employers who provide paid family and medical leave to their employees.

The recently passed law grants a business tax credit to employers who provide at least 2 weeks of leave to employees and pay them at least 50% of their regular wages. The credit ranges from 12.5% to 25% of the cost of paid leave. Employers can claim a credit for up to 12 weeks of paid leave for employees who have been employed by the business for at least a year and whose annual income does not exceed $72,000.

The IRS has not yet explained how the credit will be claimed by businesses.

2018 HSA Contribution Limit Back to $6,900

On April 26, the IRS announced that the 2018 limit on Health Savings Accounts (HSAs) for individuals with family coverage under a high deductible plan will remain at $6,900.

The $6,900 limit was announced originally on May 4, 2017, however on March 5, 2018 the IRS announced a reduction of the contribution limit to $6,850. As this reduction would have required complex corrective actions for many individuals, the IRS provided relief in Revenue Procedure 2018-27, and reverted the annual cap back to $6,900.

Salary History Bans on the Rise

With the intent of closing the gender wage gap, an increasing number of states and localities are imposing restriction on employers’ use of prior employment salary history in making compensation decisions for onboarding employees.

The general theory behind this trend is that using salary history to determine current compensation perpetuates gender wage gaps that existed because of past discrimination.  If employers do not use salary history in their decision making, they may be more likely to offer compensation based on merit.  California, Delaware, Massachusetts, Oregon, New Jersey and New York all currently have laws that restrict the use of salary history information, and many localities have recently passed legislation.

As the trend grows, it is increasingly important for employers to familiarize themselves with the laws in the states where they conduct business and to consult legal advice when necessary.


STATE PAYROLL UPDATES

Expansion of New Jersey Equal Pay Protections

Effective July 1, 2018, New Jersey employers must comply with new legislation expanding the state’s equal pay law.

Under the new Senate Bill 104, Employers are prohibited from paying an employee who is a “member of a protected class” less than employees who are not members of this class, assuming they perform substantially similar work. Pay differentials are, however, permitted on the basis of merit or seniority.   In addition, employers cannot reduce the pay of the non-protected employee to satisfy equal-pay requirements. The law also clarifies that an employer is prohibited from taking adverse action against an employee for discussing wage information with another current or former employee or with a government agency or lawyer.

New Jersey’s list of protected categories includes but is not limited to race, color, marital status, gender, disability, and pregnancy.

As always, Viventium advises you to review your pay practices and work with legal counsel to ensure compliance.

Oregon Enacts Transit Tax

Effective July 1, 2018, employers must begin withholding a 0.1% transit tax on all Oregon residents as well as all nonresidents who work in Oregon. Employers must report and remit the taxes withheld quarterly and annually as well as reconcile the tax on an annual reconciliation return.

Don’t get this new tax mixed up with the Lane or TriMet transit payroll taxes, which are employer taxes.  The new state transit tax is imposed on employees, although employers are responsible to withhold and remit.

The new Oregon tax forms are now available.

Viventium will be supporting this new tax and will automatically begin withholding it from your employees’ paychecks beginning with payrolls dated on or after July 1, 2018.

Massachusetts Pregnancy Fairness Act

On April 1, 2018, the Massachusetts Pregnant Workers Fairness Act went into effect, requiring employers to make reasonable accommodations for pregnancy-related conditions. Among other things, reasonable accommodation includes modified work schedules, longer or more frequent breaks, assistance with manual labor, and time off after birth to recover. Employers must also provide a private, non-bathroom space for women to express milk.

Employers must provide written notice of their rights under the law to new employees at the time of hire, and within 10 days of an employee notifying an employer of pregnancy.


LOCAL PAYROLL UPDATES

NYC Proposal to Prohibit Required After Work Emails 

On March 22, a bill was proposed to prohibit New York City employers from requiring employees to check and respond to emails and other electronic notifications after work hours and while taking PTO. If enacted, the bill would take effect immediately and penalties would be imposed for violations.

The proposed bill would apply to private employers with 10 or more employees in NYC. An employee is defined as someone working more than 80 hours per the calendar year in New York City. Employers would be required to adopt a written policy and determine the usual work hours for each category of employee.

The bill would not apply to employees required to be on call 24 hours when they are working.

 


This information is for educational purposes only, and not to provide specific legal advice. This may not reflect the most recent developments in the law and may not be applicable to a particular situation or jurisdiction.

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Overtime Shuffle - Lyrics

Overtime, oh, it’s a complicated game, Different rules in every state, it’s never the same, Multiply by 1.5, but there’s more to see, In this overtime equation, it’s not that easy, you see.

VERSE 1
In the world of work, there’s a tale to be told, About overtime hours, and the payroll gold, A consistent paycheck, that’s the worker’s dream, But when it comes to overtime, it’s not as easy as it seems.

PRE-CHORUS
Oh, Susie worked hard in San Francisco town, But the rules around overtime, they had her feeling down, 42 hours this week, she gave her all, Now it’s time to calculate, let the numbers fall.

CHORUS
Overtime, oh, it’s a complicated game, Different rules in every state, it’s never the same, Multiply by 1.5, but there’s more to see, In this overtime equation, it’s not that easy, you see.

VERSE 2
Exempt or non-exempt, the title they hold, Where they work, where you’re based, it’s all in the fold, California or New York, the laws they diverge, For payroll admins, it’s a never-ending surge.

PRE-CHORUS
Oh, the DOL’s website, a labyrinth to explore, State regulations galore, it’s quite a chore, Staying compliant, it’s a tricky art, Missing out on requirements can break your heart.

CHORUS
Overtime, oh, it’s a complicated game, Different rules in every state, it’s never the same, Multiply by 1.5, but there’s more to see, In this overtime equation, it’s not that easy, you see.

BRIDGE
But here’s a method that can save the day, A payroll software, to keep errors at bay, Input the info right, integrate with ease, No more manual labor, no more overtime fees.

VERSE 3
Back to Susie’s story, she’s owed her due, According to FLSA, it seems we have a clue, $860 on the table, that’s what we’d say, But California’s got its rules, changing the way.

PRE-CHORUS
Oh, California says, hours past eight, Are overtime-eligible, don’t underestimate, Now Susie’s owed $900, that’s the decree, In this overtime puzzle, you gotta set it free.

CHORUS
Overtime, oh, it’s a complicated game, Different rules in every state, it’s never the same, Multiply by 1.5, but there’s more to see, In this overtime equation, it’s not that easy, you see.

OUTRO
So when it’s overtime, and the rules entwine, Choose a payroll software, let it all align, Viventium’s the name, we’ve got the key, To make overtime calculations a breeze, you’ll see.

ENDING
Don’t overwork yourself, don’t you fret, With Viventium by your side, it’s a safe bet, Relax, you’re with us, in this overtime fight, With the right tools in hand, everything’s gonna be alright.

Retroactive Rhythms

Take back time, like a winding clock, Retroactive pay, mending every block. Calculate the hours, with precision and grace, In the world of care, in this payroll space.

VERSE 1
In the world of care, where time slips away, Caregivers dedicate, every single day. But when the hours are missed, in the daily race, Retroactive pay, steps up to embrace.

PRE-CHORUS
A caregiver tired, at the week’s end, Forgot to log hours, a mistake to mend. Admins face the challenge, calculations to make, To set it right, for the caregiver’s sake.

CHORUS
Take back time, like a winding clock, Retroactive pay, mending every block. Calculate the hours, with precision and grace, In the world of care, in this payroll space.

VERSE 2
Manual calculations, prone to a flaw, Dealing with shifts, odd hours, and the law. As your business grows, the cost takes flight, Automated solutions, shining bright.

PRE-CHORUS
Compliance is key, with FLSA’s might, Calculate and compensate, get it right. Avoid the audit’s gaze, fines and the cost, Retroactive pay, no longer lost.

CHORUS
Take back time, like a winding clock, Retroactive pay, mending every block. Calculate the hours, with precision and grace, In the world of care, in this payroll space.

BRIDGE
Employee satisfaction, a crucial part, Resolve mistakes, a work of heart. Relationships flourish, in pay’s embrace, A payroll software, creating a trace.

VERSE 3
Star caregivers, valued and strong, Retention and recruiting, where they belong. Automated solution, a total pay dance, Establish your business, a work-life romance.

PRE-CHORUS
A self-winding watch, Viventium’s grace, Optimizing payroll, in every case. No more struggles, in the payroll game, In it with you, time and time again.

CHORUS
Take back time, like a winding clock, Retroactive pay, mending every block. Calculate the hours, with precision and grace, In the world of care, in this payroll space.

OUTRO
As your business grows, in the hustle and fight, Viventium by your side, making it right. No more worries, in the payroll chain, In it with you, time and time again.

In the Arms of Geo Tax - Lyrics

Geo Tax, oh Geo Tax, our savior in the night, Guiding us through tax laws, shining a bright light. No more payroll worries, no more sleepless nights, With Viventium’s help, we’ll be alright.

VERSE 1
In the world of business, we all aim to thrive, Year after year, our dreams taking flight. But as we soar higher, we start to see, More money, more problems, just like B.I.G. Outgrowing our shell, it’s an exciting phase, But it brings with it some challenging days. Solutions we had, now show their flaws, As we push the boundaries, breaking through the walls.

CHORUS
Geo Tax, oh Geo Tax, our savior in the night, Guiding us through tax laws, shining a bright light. No more payroll worries, no more sleepless nights, With Viventium’s help, we’ll be alright.

VERSE 2
Employees across states, in different localities, Tax laws aplenty, creating complexities. Our old software’s limits, we’ve begun to see, Scaling up our business, we need to break free. Calculating pay and taxes, where it all begins, Errors in this process, lead to countless sins. Employees rely on us, trust in our might, To withhold what’s needed, get it just right.

CHORUS
Geo Tax, oh Geo Tax, our savior in the night, Guiding us through tax laws, shining a bright light. No more payroll worries, no more sleepless nights, With Viventium’s help, we’ll be alright.

BRIDGE
Taxes, they’re not simple, that’s for sure, A world of complexity, there’s always more. But Viventium stands with us, in this fight, Geo Tax, our ally, making everything right.

VERSE 3
CPAs may struggle, and admins too, Keeping up with taxes, what can they do? The rules keep changing, it’s hard to keep pace, But Viventium’s here, in this challenging space.

CHORUS
Geo Tax, oh Geo Tax, our savior in the night, Guiding us through tax laws, shining a bright light. No more payroll worries, no more sleepless nights, With Viventium’s help, we’ll be alright.

OUTRO
So relax, dear business, and set your mind free, With Geo Tax on our side, we’re the best that we can be. Viventium’s got us, in this tax-filled fight, No more worries, no more sleepless nights.

REPEAT CHORUS
Geo Tax, oh Geo Tax, our savior in the night, Guiding us through tax laws, shining a bright light. No more payroll worries, no more sleepless nights, With Viventium’s help, we’ll be alright.

Payroll Grid Serenade - Lyrics

Configurable Payroll Grids, a helping hand in sight, In the realm of admin life, where details are rife. With custom views and filters, they navigate through the night, Let’s celebrate this feature, it’s the heart of our work life.

VERSE 1
In the world of admin tasks, where changes often arise, There’s a tool that’s been a savior, under office fluorescent skies. With flexibility and precision, it eases their daily strife, Let’s sing about this feature, it’s the pulse of our work life.

CHORUS
Configurable Payroll Grids, a helping hand in sight, In the realm of admin life, where details are rife. With custom views and filters, they navigate through the night, Let’s celebrate this feature, it’s the heart of our work life.

VERSE 2
Admins wear many hats, in their daily grind, Sometimes they need to adjust, leave no errors behind. Adding extra hours, bonuses, or fixing pay, They need a simple method, to make it all okay.

CHORUS
Configurable Payroll Grids, a helping hand in sight, In the realm of admin life, where details are rife. With custom views and filters, they navigate through the night, Let’s celebrate this feature, it’s the heart of our work life.

BRIDGE
Custom views and filters, tailor it to your need, Focus on the important, no need for needless speed. A hundred-dollar bonus, a few clicks and it’s in flight, Admins get it done, making sure it’s right.

VERSE 3
In the admin’s world, where numbers have their say, This tool steps in gracefully, making tasks less gray. An interface so intuitive, like an Excel sheet, Changing data effortlessly, making work complete.

CHORUS
Configurable Payroll Grids, a helping hand in sight, In the realm of admin life, where details are rife. With custom views and filters, they navigate through the night, Let’s celebrate this feature, it’s the heart of our work life.

OUTRO
So here’s to Payroll Grids, in our song of praise they gleam, For admins working diligently, they fulfill a dream. In the world of office hustle, they bring much-needed light, Let’s tip our hats to this tool, and its invaluable might.

Automation Anthem - Lyrics

Rule-Based Automation, it’s the name of the game, Less manual toil, less stress and shame, With policies and standards, we’ll pave the way, To automate your chores and brighten your day.

VERSE 1
In the world of payroll, a daily task we face, Admins work hard, in this complex space, They handle policies, with attention and care, But there’s a solution that’s beyond compare.

PRE-CHORUS
Oh, payroll admins, your role’s crucial and true, But there’s a tool we’ve got, just for you, Let’s explore rule-based automation, my friend, With Viventium, your tasks will gently mend.

CHORUS
Rule-Based Automation, it’s the name of the game, Less manual toil, less stress and shame, With policies and standards, we’ll pave the way, To automate your chores and brighten your day.

VERSE 2
Standardize policies, that’s the key, For tenure, role, union status, you’ll see, PTO, bonuses, pay rates defined, Automation makes your workload more aligned.

PRE-CHORUS
Oh, payroll admins, the burden’s a load, But rule-based automation lightens the road, No more tiresome chores, no more dread, With Viventium, it’s smoother ahead.

CHORUS
Rule-Based Automation, it’s the name of the game, Less manual toil, less stress and shame, With policies and standards, we’ll pave the way, To automate your chores and brighten your day.

BRIDGE
In the world of payroll, where tasks repeat, We’ve got the solution, it’s oh so neat, “If this, then that,” it’s simple and sly, With Viventium by your side, you’ll reach for the sky.

VERSE 3
Tenure-based PTO, a common request, With Viventium, it’s passed the ultimate test, Set it up once, and then you’ll see, Automation handles the chore, oh so free.

PRE-CHORUS
Oh, payroll admins, take a breath, take a pause, With Rule-Based Automation, you’ll find no flaws, It’s easy, it’s simple, no programming in sight, Viventium’s got you covered, day and night.

CHORUS
Rule-Based Automation, it’s the name of the game, Less manual toil, less stress and shame, With policies and standards, we’ll pave the way, To automate your chores and brighten your day.

OUTRO
So if you’re a payroll admin, feeling the weight, Let Viventium’s Rule-Based Automation be your fate, No more worries, no more strife, With Viventium, you’ll transform your work life.

The Data Groove - Lyrics

Oh, the Report Library, it’s the heart of the show, Where numbers come alive and insights start to flow. With Viventium’s aid, it’s a breeze, can’t you see? Reporting made easy, for your company to be free.

VERSE 1
In the world of business, it’s a complex game, With factors and figures, it’s never the same. Decisions are key, they’ll determine your fate, So listen up closely, don’t be a bit late.

PRE-CHORUS
Gather your data, don’t let it fade, In the depths of spreadsheets, don’t let it cascade. Your HCM software, is it up to the task? To capture and store, to help you unmask.

CHORUS
Oh, the Report Library, it’s the heart of the show, Where numbers come alive and insights start to flow. With Viventium’s aid, it’s a breeze, can’t you see? Reporting made easy, for your company to be free.

VERSE 2
Once the data’s collected, it’s time to report, But it can be daunting, that’s the common retort. Pre-built solutions, they’re your guiding light, Turning raw data into visions so bright.

PRE-CHORUS
No more manual hours, no errors in sight, With report library’s might, everything’s right. Payroll summaries, tax liabilities, and more, All in a flash, you’ll have what you adore.

CHORUS
Oh, the Report Library, it’s the heart of the show, Where numbers come alive and insights start to flow. With Viventium’s aid, it’s a breeze, can’t you see? Reporting made easy, for your company to be free.

BRIDGE
Viventium’s here, with a passion so true, Constantly improving, for folks just like you. A Report Library, a gift from the stars, For data-driven dreams, it’ll take you far.

CHORUS
Oh, the Report Library, it’s the heart of the show, Where numbers come alive and insights start to flow. With Viventium’s aid, it’s a breeze, can’t you see? Reporting made easy, for your company to be free.

OUTRO
So remember this lesson, in the business terrain, It’s all ’bout decisions, don’t let ’em wane. With data as your guide, and Viventium’s grace, You’ll conquer the challenges you’ll face.