In Case You Hadn’t Notice–It’s Election Time Again

The election is coming up fast.  What that means to most employees and employers is questions. Employees might ask themselves “when should I vote?”.  But they might ask their employers “can I have time off to vote?”. Allowing time off to vote is a company policy question in some cases, but other times it is a question of wage and hour law.  Does an employer have to give the employee time off to vote during working hours?  And if they do, is it paid time off?   There actually is no federal law on whether or not an employee must have time off to vote. It is left up to the states to decide.

Vote campaign

And each state has their own rules.  Some states give up to four hours, where other states don’t address the issue at all.  To assist payroll professionals on this topic I have put together a white paper on the voting time off requirements for the states.  The link is below.  The info was compiled through Thomson Reuters. It should prove helpful as it also give the citation to state law.  I have also listed the states that do not address this issue.  I hope you find it useful.




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Get Your Opinion Heard on Form W-2

The IRS is required, as part of its continuing effort to reduce paperwork (pause for giggles from Payroll Professionals) to invite the public to comment on either proposed or continuing information collections.  This is all part of the Paperwork Reduction Act of 1995.  This time around it is forms we all know and love.  The IRS is currently taking comments the following forms: W-2, W-2c, W-2A, W-2GU, W-2VI, W-3, W-3c, W-3cPR, W-3PR, and W-3SS.

They want to know how to improve the form so it is less burdensome. One area that immediately comes to mind is the lack of space for reporting the Additional Medicare Tax. In my opinion it would be better to have a separate box for the wages and the taxes. Just a reminder that box 9 is already taken as of 2017 so you can’t suggest using that box for anything.   You need to submit your comments directly to the IRS. They accept comments from any user so you don’t have to be an “accounting firm” or a “law firm”.  They want to hear from users. Written comments must be received on or before December 12, 2016 to be assured of consideration.  Written comments are directed to:

Tuawana Pinkston, Internal Revenue Service, Room 6526, 1111 Constitution Avenue NW, Washington, DC 20224

Requests for additional information or copies of the collection tools should be directed to Sara Covington, Internal Revenue Service, Room 6526, 1111 Constitution Avenue NW., Washington, DC 20224, or through the internet at


Overtime Battle Still Rages–Its in the House This Time

The battle over the new overtime rules set to take effect on December 1 is still raging on.  In addition to the court case by 21 states, the House of Representatives has now entered the battle.  With a 246-177 vote on September 28, the House passed a measure that would delay the implementation of the final overtime rule for six months. The bill, know as the Regulatory Relief for Small Businesses, Schools, and Nonprofits Act, H.R. 6094, was passed one day after the court case for the states. The sponsors of the bill state that by delaying the implementation of the final rule on overtime, this will give workers, small businesses, nonprofits and colleges and universities more time to prepare for the “dramatic changes” resulting from the rule. The bill has been sent to the Senate for consideration.

What do you think?  Should the implementation be delayed to allow extra time? Or could all of these types of employers simply make those employees affected hourly thereby not having to worry about the salary level?   Or is this a political ploy to have the implementation after the end of the current administration? Answer our poll.

and/or give us your comments.

Contacting Your Senator

On today’s blog I wrote about contacting your Senator to encourage them to vote for the Tax Simplification Bill.  I am getting some questions on how to you contact them. Here is the link.

You can only write to the Senators that are from your own state.  But it sure will help with getting attention for the bill.

Payroll needs to be pro-active when bills are pending that affect our profession so please contact your Senators today!

Also, if your company has a number of multistate employees and this is a big issue with the company itself, perhaps the company could write a letter or contact the Senators.  Businesses backing this bill will be helpful to get it passed.


Update on Multistate Taxation Legislation–Passed the House Again! But Needs Your Help

In our blog on March 9th of this year we discussed the latest attempt (the last one was 2012) to simplify taxation for multistate employees.  Those are employees who live in one state and work in other states. Many of these employees work in the state for only a few days or weeks out of the calendar tax year, yet employers must withhold taxes for these states and the employees must file, in most cases, income tax returns.  To try to alleviate this burden on employers ( the tracking requirements for payroll departments can be massive) the Mobile Workforce State Income Tax Simplification Act of 2015 (H.R. 2315 ) was introduced.  A major push by payroll professionals and the American Payroll Association was begun. I, myself, wrote letters to the Nevada congress members and Senators asking for the bill to be passed as well as asked my blog followers to do the same.  Well the hard work so far is paying off.  The House of Representatives passed the bill on September 21st and it is now in the hands of the Senate.  It appears to be a bi-partisan bill with co-sponsors from both sides of the aisle. However, a similar bill was passed in 2012 but was not considered by the Senate before they adjourned the session so this may be the case this year.  It is opposed by New York state and similarly situation states that will lose a lot of revenue from nonresidents if the bill is passed. Let’s keep our fingers crossed.  However, writing to your Senators might help push this along. If every payroll professional who has had to deal with tracking, withholding and paying multistate employees would write a letter to their own Senators imagine how flooded the Senate mail office would be! So write, phone or email your Senators today!

The Overtime Battle Rages On!

The battle to stop the new overtime rules from taking effect has begun in earnest. 21 states, including Arizona, Kansas, Oklahoma, Nevada, Texas and Utah, and the U.S. Chamber of Commerce have filed a lawsuit in Texas challenging the Department of Labor’s (DOL) final overtime rules under the Tenth Amendment of the U.S. Constitution and the Administrative Procedures AFlag of Nevada (isolated)ct.   Nevada Attorney General Adam Paul Laxalt led the coalition of states filing the suit. According to the suit the final rule contradicts the statutory text of the exemption, as well as Congressional intent.  The suit also raises the specter of the federal executive depleting state budgets in an effort to impose its policy will on the states.

However the DOL has responded by issuing the following statement by Secretary Tom Perez:  “We are confident in the legality of all aspects of our final overtime rule. It is the result of perez2a comprehensive, inclusive rule-making process. Despite the sound legal and policy footing on which the rule is constructed, the same interests that have stood in the way of middle-class Americans getting paid when they work extra are continuing their obstructionist tactics. Partisan lawsuits filed today by 21 states and the U.S. Chamber of Commerce seek to prevent the Obama administration from making sure a long day’s work is rewarded with fair pay. The overtime rule is designed to restore the intent of the Fair Labor Standards Act, the crown jewel of worker protections in the United States. The crown jewel has lost its luster over the years: in 1975, 62 percent of full time salaried workers had overtime protections based on their pay; today, just 7 percent have those protections – meaning that too few people are getting the overtime that the Fair Labor Standards Act intended. I look forward to vigorously defending our efforts to give more hardworking people a meaningful chance to get by.”

Let’s see where the battle takes us by December 1!

sale-red-keyATTENTION BLOG FOLLOWERS!: To reward my blog followers I am offering a special discount on a year’s subscription to The Payroll Pause.  Only $99 per year (rate lasts as long as you keep your subscription current).  That is a $50 savings!  But act fast as this discount is just for the fall and will expire on October 15th.  Use coupon code X36AK67F3 when checking out to receive the discount.

IRS Begins Private Debt Collection in Spring 2017

The Internal Revenue Service announced today that it plans to begin private collection of certain overdue federal tax debts next spring and has selected four contractors to implement the new program. The new program, authorized under a federal law enacted by Congress last December, enables these designated contractors to collect, on the government’s behalf, outstanding inactive tax receivables. As a condition of receiving a contract, these agencies must respect taxpayer rights including, among other things, abiding by the consumer protection provisions of the Fair Debt Collection Practices Act. The IRS has selected the following contractors to carry out this program:

CBE Group 1309 Technology Pkwy Cedar Falls, IA 50613

Conserve 200 CrossKeys Office park Fairport, NY 14450

Performant 333 N Canyons Pkwy Livermore, CA 94551

Pioneer 325 Daniel Zenker Dr Horseheads, NY 14845

These private collection agencies will work on accounts where taxpayers owe money, but the IRS is no longer actively working their accounts. Several factors contribute to the IRS assigning these accounts to private collection agencies, including older, overdue tax accounts or lack of resources preventing the IRS from working the cases. The IRS will give each taxpayer and their representative written notice that their account is being transferred to a private collection agency. The agency will then send a second, separate letter to the taxpayer and their representative confirming this transfer. Private collection agencies will be able to identify themselves as contractors of the IRS collecting taxes. Employees of these collection agencies must follow the provisions of the Fair Debt Collection Practices Act and must be courteous and respect taxpayer rights.

sale-red-keyATTENTION BLOG FOLLOWERS!: To reward my blog followers I am offering a special discount on a year’s subscription to The Payroll Pause.  Only $99 per year (rate lasts as long as you keep your subscription current).  That is a $50 savings!  But act fast as this discount is just for the fall and will expire on October 15th.  Use coupon code X36AK67F3 when checking out to receive the discount.