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In yesterday’s Advisor, attorney Ted Boehm explained the rules governing deductions in pay for nonexempt employees (and how to avoid the pitfalls); today, he presents the facts regarding deductions and exempt workers.
Some employers believe that deducting from an employee’s pay can be done at their own discretion. However, the law scrutinizes pay deductions very closely, and the scope of acceptable situations for them may be far narrower than you think. Attorney Ted Boehm shares what you need to know.
While the FLSA allows some very specific pay deductions for exempt employees, such as taxes and wage garnishments, it's typically quite strict about the fact that exempt employee pay shouldn't be reduced for exempt employee absences in most cases. It's important for employers to understand when certain payroll deductions may be perfectly legal, and when […]
Gillihan is counsel in the Atlanta office of Alston & Bird LLP. His tips came at a recent webinar sponsored by BLR® and HR Hero®. Reasons for having insurance from employee’s perspective: Risk mitigation Negotiated discounts Reasons to Get Insurance Through the Employer: The income tax/Federal Insurance Contributions Act (FICA) exemption for employer premiums and […]
Employer shared responsibility or “play or pay” provisions (aka 4980H) of the ACA are effective January 1, 2014; however, no penalties will be assessed until 2015. Nevertheless, says Gillihan, your planning must be ongoing now if you plan to use a 12-month measurement period—that period has already started. Gillihan is counsel in the Atlanta office […]
Pay Deductions: What Can and Can’t be Deducted? Q. Is it possible to deduct expenses from an employee for drug screens and physicals if they leave within the 90-day probationary period? A.That is something that is a function of state law, generally. Most state laws say that if an employer is going to require a […]