IRS Expands Voluntary Worker Classification Program

The IRS just announced the expansion of its Voluntary Worker Classification Settlement Program (VCSP).  This program is a sort of amnesty that allows employers who are paying employees as 1099 contractors, who should really be paid as employees per the criteria normally accepted by IRS and state regulators. The advantage of this program is that […]

Final paychecks

Be sure you know your state’s rules for delivering a final paycheck when someone leaves your employment.  Not following the rules can put your company at risk of penalties for violating the final paycheck laws, and if a former employee sues you, you could be required to pay for their attorney’s fees as well as […]

HR Tip: Meal and Rest breaks (Washington)

For most employers, if a shift is more than 5 hours long, workers must be allowed a minimum 30 minute meal break, no sooner than 2 hours, and no later than 5 hours into the shift.  Employers are not required to pay for the meal break if the worker is relieved of all duties.  Employees […]

HR tip: Meal and Rest breaks (Oregon)

Most employers are required to not only offer, but actually enforce, taking a minimum 30 minute meal break (can be unpaid) after 6 hours of work in one work period.  The employee may not choose to skip the meal break in order to leave early, and cannot choose to forgo the meal break. In addition, […]

Employment Dept audits are on the rise

There has been an increase in the number of Employment Dept. audits as cash-strapped agencies are looking for tax revenue “opportunities.” If your business receives an audit notice, you may be wondering what, if anything, you did wrong.  According to Employment Department auditors, there are 3 reasons a small business may be targeted for audit: […]

Unemployed applicants: The new protected class

In today’s economic times, a competitive job force embraces workers with various knowledge, skills, abilities, education, and experience levels. Hiring managers attempt to compare and contrast these items when determining the best job candidate for a specific position. With respect to experience, many hiring managers consider long gaps in employment history on the resume or […]

Special rules for Agriculture workers

Employers are not required to pay overtime to employees performing work that meets the definition of “agriculture” (see definition below)  In some cases they may also be exempt from paying minimum wage. Overtime pay Only workers engaged in agricultural employment for 100 percent of the workweek are exempt from overtime.  However, some employees of agricultural […]

At-Will Employment

The common law rule regarding the employer-employee relationship allows the termination of the relationship by either party, without notice and without cause. Oregon courts have long followed this general rule of “at-will” employment. This means that generally, in the absence of a contract or statute to the contrary, Oregon employers may discharge an employee at […]

Can an employee also be a volunteer at our organization?

In order for an employee to qualify as a volunteer, these four criteria must be met:. The work must be at the employee´s initiative. The work must be outside normal or regular work hours. The employee must be performing a religious, charitable or other community service without contemplation of payment. The employee must be performing […]

Minimum wages, Social Security wage limits, Pension Plan limits – going up in 2012!

Several states have announced increases to their minimum wages effective January 1, 2012.  These include: Oregon – $8.80 Washington – $9.04 The Social Security Administration has announced that the Social Security wage limit for 2012 has increased to $110,100 The IRS has released Pension Plan limitations for 2012: The 401k limit has increased from $16,500 […]