News & Analysis as of

Payroll Companies

Davis Wright Tremaine LLP

Project W: Q&A with Tiffany Haynes, Chief Operating Officer of Fingercheck

Tiffany Haynes, the Chief Operating Officer of Fingercheck, is a recognized leader in the fintech sector. Not only does she run a rapidly growing company, but Tiffany also is the mother of five children and has fostered...more

DailyPay, Inc.

Earned Wage Access: A Financial Wellness Solution For The American Worker

DailyPay, Inc. on

Today, most Americans are unable to afford a $500 emergency expense. For individuals living paycheck-to-paycheck, encountering an unplanned expense–like a car repair or medical bill–can drive them to overdraft their bank...more

Carlton Fields

Court Confirms Arbitration Award Against Non-Signatory Intervening Party in Arbitration

Carlton Fields on

Paychex Inc. had entered into an agreement to provide a company, Dan-Gulf Shipping Inc., with payroll-related services. The agreement contained an arbitration clause governed by the rules of the American Arbitration...more

Bowditch & Dewey

Two-Year Delay for Changes to Catch-up Contribution Rules

Bowditch & Dewey on

On August 25, 2023, the Internal Revenue Service announced a two-year delay in implementing changes to the catch-up retirement contributions of certain taxpayers....more

DailyPay, Inc.

New Earned Wage Access Laws Are A Win For All Workers

DailyPay, Inc. on

Paying bills on time is still a monumental task for millions of working Americans. The latest research shows that about six in 10 Americans are living paycheck to paycheck; thus an unexpected bill could send someone into a...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2023

Jackson Lewis P.C. on

In this issue of the Jackson Lewis Class Action Trends Report, we welcome the New Year and look back at the most significant developments affecting employment class and collective action litigation in 2022. We also look ahead...more

Fox Rothschild LLP

Company Asserts “Dog Ate My Homework” Theory In Suing Its Payroll Company For Its FLSA Settlement Costs

Fox Rothschild LLP on

“The dog ate my homework” is a common refrain of school children throughout the ages. Well, there is an adult version of that scenario, such as in this case, where an employer tries to blame its payroll company for overtime...more

Dentons

HR Quick Take: Payroll Issues

Dentons on

Q: We had a payroll issue and accidentally overpaid an employee quite a bit. Can we simply withhold from their future paychecks?...more

Cozen O'Connor

Owner Of Payroll Companies Laundered Over $1 Billion In Money Stolen From Client-Employers

Cozen O'Connor on

New York AG Letitia James announced that the owner of several payroll companies, Michael T. Mann, pleaded guilty to and was sentenced for one felony count of Money Laundering in the First Degree for laundering funds stolen...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Lighten up Francis, it’s just an opinion

My most famous and most read articles has been the series of articles concerning my opinion that the two top payroll providers aren’t very good with 401(k) plan administration. While it’s very popular with my reading public,...more

Thomas Fox - Compliance Evangelist

The Walden Pond-Control When You Get Paid with Jason Lee

Host Vincent Walden talks with Jason Lee, CEO of DailyPay, a technology solution that lets employees control when they get paid. Fortune 500 companies like Kroger, Berkshire Hathaway, Adecco Staffing and McDonald's are...more

Manatt, Phelps & Phillips, LLP

Payroll Advance Industry in Regulators’ Crosshairs

The payroll advance industry is the subject of a newly announced multistate investigation seeking information to enable regulators to determine whether there is unlawful lending by online companies engaged in this business....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Something to augment what you do

As everyone knows, I’m not a big fan of payroll providers being third-party administrators, at least the big two. However, there may be opportunities for you to augment your services and make a couple of extra bucks....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Rosenbaum Law Firm Review - May 2019

For 401(k) Errors, It Seems To Be All Payroll These Days That is what it feels like. In the movie Fletch, Chevy Chase played Irwin R. Fletcher ("Fletch"), an undercover newspaper reporter under the byline "Jane Doe"....more

BCLP

Public APIs Have Broad Applications, From E-Commerce to Payroll Management

BCLP on

This post is the second in a two-part series concerning emerging uses and considerations involving application programming interfaces, or “APIs.”     Most retailers and other large and mid-size businesses, and even some...more

Payne & Fears

Key California Employment Law Cases: February 2019

Payne & Fears on

This month’s key California employment law cases involve reporting time pay and potential liability of payroll companies for wage and hour violations. ...more

Weintraub Tobin

California Supreme Court Holds that Payroll Services Provider ADP Cannot Be Sued for Breach of Contract, Negligence, and Negligent...

Weintraub Tobin on

Can an employee sue the employer’s payroll service for failure to correctly process and report payroll? According to the California Supreme Court recent decision in Goonewardene v. ADP, LLC (2019) 6 Cal.5th 817, the answer...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Holds Employees Cannot Sue Their Employers’ Payroll Companies for Wage Claims

On February 7, 2019, the Supreme Court of California issued its decision in Goonewardene v. ADP, LLC, holding that employees may not sue their employers’ payroll companies for wage claims in connection with their employment....more

Jackson Lewis P.C.

Payroll Company Not Liable Under Third Party Beneficiary Doctrine

Jackson Lewis P.C. on

On February 7, 2019, the California Supreme Court determined that an employee cannot sue a payroll company for breach of contract under the third party beneficiary doctrine, and that it is inappropriate to impose a tort duty...more

Sheppard Mullin Richter & Hampton LLP

Calif. Justices Stress Employers' Wage Statement Duties

On Feb. 7, 2019, the California Supreme Court struck a decisive victory in favor of payroll companies, issuing a unanimous opinion that an employee is not a third-party beneficiary of the contract between her employer and its...more

Constangy, Brooks, Smith & Prophete, LLP

California Snapshot: Payroll Company Not Liable For Alleged Wage-Hour Violations Of Employer

At least, not directly. Can an employee sue her employer’s payroll services provider for alleged violations of California’s wage and hour laws? According to a recent decision from the California Supreme Court, the answer...more

Haight Brown & Bonesteel LLP

Supreme Court Prevents Employees’ Tort and Contract Claims Against Employers’ Payroll Companies

In Goonewardene v. ADP, LLC (S238941), the California Supreme Court has created new protections for payroll companies in lawsuits involving claims of labor violations. Although previous case law has held that employees with...more

BakerHostetler

California Supreme Court: Payroll Companies Not Liable to Client’s Employees for Unpaid Wages

BakerHostetler on

The California Supreme Court has cut off another avenue for employees to sue payroll provider companies for unpaid wages. California courts have previously found that employees cannot sue a payroll company under a theory that...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Announces a Win for Payroll Outsourcing Industry

Last week, the California State Supreme Court struck a decisive victory in favor of payroll companies, issuing a unanimous opinion that an employee is not a third-party beneficiary of the contract between her employer and its...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Holds that Employee Cannot Bring Wage Claims Against Payroll Service Provider

• The California Supreme Court recently held that an employee could not pursue contract and tort claims against a payroll service provider for unpaid wages. • The Court found that (1) an employee was not a “third-party...more

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