News & Analysis as of

Payroll Records

Do Good Audits Exist? Minimizing Damages in FLSA Cases

by Fisher Phillips on

It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited. Common responses to undergoing an audit may involve gnashing of teeth, pulling of hair, and other...more

Fixing Your Paystubs? Make Sure Your Paychecks Comply With Labor Code § 212

by Fox Rothschild LLP on

If you are an employer in California, you are likely well aware of Labor Code § 226 and the many items that our state requires to be on employee paystubs: gross wages, legal name of employer, inclusion dates for the pay...more

Tax Season Brings Resurgence in Form W-2 Tax Scam

by Locke Lord LLP on

There are three certainties in life: death, taxes, and the knowledge that Ben Franklin’s famous adage will be co-opted. A twenty-first century version of it may be that “in this world nothing can be said to be certain, except...more

FBI Issues New Warning to Businesses About Phishing Campaigns

In a recent Public Service Announcement dated February 21, 2018 entitled “Increase in W-2 Phishing Campaigns,” the Federal Bureau of Investigations (FBI) issued another alert about an increase in phishing campaigns since the...more

Department of Labor Announces New Payroll Audit Pilot Program

On Tuesday, March 6, 2018, the U.S. Department of Labor (“DOL”) announced its launch of the Payroll Audit Independent Determination (PAID) Program (“PAID” or the “Program”) – aimed at increasing employers’ FLSA compliance and...more

DOL Launches Payroll Audit Independent Determination (PAID) Program to Promote Self-Reporting and Early Resolution of Wage and...

by Littler on

On March 6, 2018, the U.S Department of Labor's Wage and Hour Division announced its new Payroll Audit Independent Determination (PAID) program. Initially being rolled out as a six-month pilot program, PAID provides employers...more

Your Comprehensive Guide to 2018 Proposed California Legislation

by Fisher Phillips on

February 16 was the deadline to introduce new bills in the California Legislature. By that date, nearly 2,200 bills were introduced. While that may seem like a staggering amount of legislative proposals (especially for a...more

California Employers Beware: W-2 Phishing Scams Skyrocket During Tax Season

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers have been scammed into sending sensitive W-2 information to malicious third parties. This article outlines the key steps California employers must immediately take if subject to this unfortunate...more

Tax Filing Fraud

Tax returns and W-2s are information rich documents. Among other things they contain the name and Social Security Number of an employee, as well as information concerning their salary and address, and personal behavior and...more

Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors

As of January 1, 2018, direct contractors in California who make or take a contract “for the erection, construction, alteration, or repair of a building, structure, or other private work” are jointly and severally liable with...more

Diverting Employees’ Payroll Direct Deposits: The Latest Wave of Phishing Scams

Employers beware: Companies are experiencing a wave of phishing scams that target employee paychecks. Here is the scenario: An employee receives from a company email account e-mail that mimics a familiar and trusted company...more

What are Blockchain’s Implications for Employment Law?

by Shipman & Goodwin LLP on

Are you ready for blockchain’s impact in employment law? This seems to be the new equivalent to the buzz a decade ago that social media was going to change the world (it kinda did)....more

Cybersecurity for This Tax Season

Nearly a year ago, in February 2017, the IRS issued a warning regarding phishing attacks targeting a broad range of companies. The scam involves a hacker impersonating an employee of a company, usually the CEO, and sending an...more

2017 Form EEO-1 Survey Now Available

Yesterday, the 2017 EEO-1 Survey became available. Private employers with 100 or more employees and federal government contractors or subcontractors with 50 or more employees and a contract/subcontract of $50,000 or more...more

A New Tax Season, but the Same W-2 Spear Phishing Scam

by BakerHostetler on

According to the IRS, the IRS saw the number of businesses, public schools, universities, tribal governments and nonprofits victimized by W-2 scams increase to 200 in 2017 from 50 in 2016. Those 200 victims translated into...more

Warning: Scammers Say, "Show Me Your Employees' W-2s!"

by Miles & Stockbridge P.C. on

As employers prepare to send employees their W-2s for last year by the end of the month, cybercriminals are preparing phishing emails under the guise of company executives requesting personal information on employees. The IRS...more

The Role of Payroll in Compliance

by Thomas Fox on

One of the new areas articulated in the Evaluation of Corporate Compliance Programs (Evaluation) was around payments and payroll. For the both the compliance professional and the corporate payroll function, there is a...more

How Employers Can Become Experts at Data Breaches: Tax and W2 Breaches

by Bryan Cave Leighton Paisner on

A large portion of the data breaches that occur each year involve human resource related information. Bryan Cave has put together a multi-part series to help human resource managers understand, prepare for, and react to, a...more

It’s Tax Time – Alert Your HR and Payroll Teams About W2 Phishing Scams

by Jackson Lewis P.C. on

Last February, the IRS issued a warning to all employers regarding the resurgence of a W-2 based cyber scam. The scam, which targets businesses during tax season, was also “spreading to other sectors, including school...more

'Tis the Season: W-2 Phishing Scams Likely to Resurface After the New Year

by Murtha Cullina on

W-2 phishing season is just a few weeks away. For the past several tax seasons, cyber criminals have duped hundreds of payroll departments into providing W-2 information on their employees, which results in the filing of...more

California Court Rules PAGA Plaintiffs Need Not Assert Injury, or Employer Knowledge, to Collect Penalties for Paystub Violations;...

by Littler on

A California Court of Appeal dealt another blow to employers in a recent ruling interpreting the state’s Private Attorneys General Act (PAGA). In Lopez v. Friant & Associates, the court considered the proof required for a...more

Not As You Wish: Wage Statement Law’s Pit of Despair

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With the widespread use of direct deposit, the thought of an employee regularly reviewing wage statements may seem inconceivable. Still, employers must ensure that their wage statements strictly comply with...more

Paltry Prerequisites for PAGA Penalty Paystub Plaintiffs

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California employees who are denied adequate wage statements (“paystubs”) can sue for penalties. Paystub penalty plaintiffs generally must prove they suffered an “injury” caused by the employer’s “knowing...more

White House Blocks Revised EEO-1 Report - Employers’ Pay Data Reporting Halted – For Now

by Fisher Phillips on

The Office of Management and Budget (OMB) announced late Tuesday that it was implementing an immediate stay of the revised EEO-1 Report, putting a halt to long-awaited pay data reporting requirements. The stay creates much...more

The Pay Data Collection Aspects of the “New” EEO-1 Form Put On Hold

The pay data collection aspects of what was to be the “new” EEO-1 form, which many employers had been preparing to submit for the first time in March 2018, are now on hold. However, it is important to note that employers who...more

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Cybersecurity

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