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 * State/Federal Payroll Deduction Mandates For Employers- What Can and Cannot
   be Deducted from an Employee’s Wage


STATE/FEDERAL PAYROLL DEDUCTION MANDATES FOR EMPLOYERS- WHAT CAN AND CANNOT BE
DEDUCTED FROM AN EMPLOYEE’S WAGE

Webinar Format: Live Webinar
Webinar Date: Wednesday, June 08, 2022
Webinar Time: 11 : 00 AM | EST
Webinar Presenter(s): Vicki Lambert
Webinar Duration: 90 minutes


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Webinar Background & Agenda :




 

In this webinar we will discuss what can and what cannot be deducted from an
employee’s regular paycheck as well as their final one. Failure to follow the
regulations pertaining to employee wage deductions can result in substantial
penalties and interest. In payroll we calculate the gross wages of an employee
by meticulously following strict regulations on what must be or must not be
counted as hours worked and taxable income.  We pay the employee their net
paycheck only by the payment method that is permitted.  But what about in
between?  When it comes to deducting from the employee’s gross wages to achieve
the net income are you also adhering strictly to the rules?

 

After calculating gross wages for an employee is accomplished, much more
difficult decisions have to be made.  What must an employer deduct from an
employee’s wages? What can be deducted legally? What can never be deducted?
These questions and more must be answered correctly before processing that
paycheck. And if this is the employee’s final check…the rules may change!
Handling deductions is a complex task that payroll must get right every time for
every payroll check.  Failure to deduct the proper taxes could result in
penalties on the employer from the IRS, but making an illegal deduction for a
fringe benefit or for collecting an overpayment can get the employer a visit
from the federal Department of Labor auditor, the state department of labor
auditor or both! Sometimes the federal government will allow the deduction but
that certain state won’t. 

Of course, everyone knows that payroll deducts for federal and state taxes.
However, how much input does the employee have concerning these deductions? This
will be answered in this webinar. Which taxes are mandatory, which are a
courtesy and which ones the employee controls will be explained during this
webinar.   If the IRS or the state wants payroll to collect for back taxes; how
is that processed?  What does payroll do if a “payday loan” deduction is
received as opposed to a creditor garnishment? Which ones must we honor and why.
We will discuss this during this webinar. 

Fringe benefits are a normal part of payroll for most employees.  Deducting for
voluntary fringe benefits such as health insurance or group term life can
usually be an easy task.  But what about health insurance under a medical
support order?  Does that change how it is processed by payroll? We will discuss
processing voluntary and involuntary health insurance deductions.

Many employers require their employees to wear uniforms for work.  Can the cost
of the uniforms and their upkeep be deducted from an employee’s wages? What
about cash shortages or breakage?  Can I deduct the cost of shortage or breakage
from the employee’s paycheck under the state or federal laws?

Some employers offer meals and lodging as part of the employee’s work contract. 
What can be deducted from the employee’s paycheck for employer provided meals
and lodging and can this be used as credit against the minimum wage paid?

What if an employee is overpaid? Can the employer simply deduct the overpayment
from future payments or does the employee have to agree to the deduction in
writing?  Does the federal law differ from the state law in this area and, if it
does, which one does the employer have to follow? 

Many employers advance vacation for their employees to ensure that all employees
are rested and working at peak efficiency. But what if the employee takes their
vacation in advance and then leaves the company? Can an employer recoup advanced
vacation hours from the employee’s final check under federal or state laws?

Many employers give loans, advances on wages to employees or allow employees to
purchase items from the employer. We will discuss how these can be recouped or
repaid if the employee stays or if the employee terminates.

 

Areas covered in this webinar:



 * Taxes—which are mandatory, which are a courtesy, and which ones the employee
   controls
 * Child support—the limits but not beyond
 * Tax levies—federal and state
 * Creditor garnishments—how many can you honor and how often
 * Voluntary wage assignments for “payday loans”—when are they required to be
   honored
 * Handling fringe benefits such as health insurance or group term life
 * Uniforms—when the employer pays for it and when the employee furnishes it
 * Meals—when they become part of the employee’s wages
 * Lodging—when it is part of the employee’s wages and when is it a perk
 * Shortages—the employee came up short, so they have to cover that right?
 * Breakage—you broke it so you have to pay for it, legal or not?
 * Overpayments—the employee was overpaid so you can just take the money back,
   or can you?
 * Advanced vacation pay—the employee knows the vacation hours were advanced so
   we can take them back when the employee quits can’t we?
 * Loans to employees: what terms can be set while the employee is still active
   and what can be taken when the employee terminates
 * Employee purchases—active employees and terminated employees
 * Anti-wage theft laws and the states


Instructor Profile:



Vicki M. Lambert, CPP, is President and Academic Director of The Payroll
Advisor™, a firm specializing in payroll education and training. The company’s
website www.thepayrolladvisor.com offers a payroll news service, Payroll 24/7,
which keeps payroll professionals up-to-date on the latest rules and
regulations. With over 40 years of hands-on experience in all facets of payroll
functions as well as over 30 years as an educator, training program developer,
and author, Ms. Lambert has become the most sought-after and respected voice in
the practice and management of payroll issues.  She has conducted open market
training seminars on payroll issues across the United States that have been
attended by executives and professionals from some of the most prestigious firms
in business today. A pioneer in electronic and online education, Ms. Lambert
produces and presents payroll related audio seminars, webinars and webcasts for
clients, APA chapters and business groups throughout the country. Ms. Lambert is
an adjunct faculty member at Brandman University in Southern California and is
the creator of and instructor for their Practical Payroll Online program, which
is approved for recertification hours by the APA. She is also the instructor for
the American Payroll Association’s “PayTrain” online program also offered by
Brandman University.

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