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NJ Temporary Disability Insurance (TDI) Update

Posted on Jan 08, 2021

In 2021, the state of New Jersey has changed the mandatory employee payroll contribution for NJ Temporary Disability Insurance (TDI) :

Effective January 1, 2021, the employee contribution rate will increase from .26% of NJ Taxable wage base to .47% of NJ Taxable wage base.

The employee taxable wage base will increase from $134,900 annually to $138,200.

The most an employee can contribute in 2021 is $649.54.

All employees working in the State of New Jersey will see the payroll change effective 1/8/2021 pay date (week ending 1/3/2021 payroll)

For more information, go to:

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U.S. Department of Labor proposes rule to clarify Employee from 1099 Independent Contractors

Posted on Nov 23, 2020

The U.S. Department of Labor recently issued a proposed regulation to revise Title 29 of the Code of Federal Regulations to clarify the Independent Contractor (1099) test the DOL uses for determining whether a worker is entitled to minimum wage and/or overtime pay under the Fair Labor Standards Act (“FLSA”).

The new rules are designed to clarify the rights that a misclassified 1099 Independent Contractor would be eligible for as a W-2 employee. Such employees would now earn the same wage and hour rights as any regular employee under the FLSA. The idea by the DOL is to further probe in to the legal use of 1099 Independent Contractors by companies.

“The Department’s proposal aims to bring clarity and consistency to the determination of who’s an independent contractor under the Fair Labor Standards Act,” said Secretary of Labor Eugene Scalia. “Once finalized, it will make it easier to identify employees covered by the Act, while respecting the decision other workers make to pursue the freedom and entrepreneurialism associated with being an independent contractor.”

The proposed rule would:

  • Adopt an “economic reality” test to determine a worker’s status as an FLSA employee or an Independent Contractor. The test considers whether a worker is in business for himself or herself (1099 Independent Contractor) or is economically dependent on a employer for work (employee);
  • Identify and explain two “core factors,” specifically the nature and degree of the worker’s control over the work, and the worker’s opportunity for profit or loss based on initiative and/or investment. These factors help determine if a worker is economically dependent on someone else’s business or is in business for himself or herself;
  • Identify three other factors that may serve as additional guideposts in the analysis: the amount of skill required for the work; the degree of permanence of the working relationship between the worker and the potential employer; and whether the work is part of an integrated unit of production; and
  • Advise that the actual practice is more relevant than what may be possible in determining whether a worker is an employee or an independent contractor.

Source: US DOL

The concern around 1099 Independent Contractor misclassification is the misreporting of payroll taxes from both the 1099 and the company that uses the 1099 for services rendered. Under the new proposed FLSA rules, if a 1099 was misclassified, but is actually an employee, the employee may also be eligible for overtime hours as well.

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Third Party Payroll Solutions: A useful tool to manage employee headcount

Posted on Oct 23, 2020

2020 has been an interesting year, for lack of a better word. The COVID-19 pandemic, record high unemployment claims, and economic uncertainty has provided the need to adapt to new market conditions. When it comes to hiring or replacing talent, human resources departments and hiring managers are challenged with fiscal, social/ethical, and compliance matters.

Many companies and CFOs focus on Employee Headcount as an important metric. Headcount reporting highlights quarterly payroll expenses as well as employee benefits expenses (medical benefits, retirement, insurance costs, and paid sick leave/PTO). There are also a variety of financial ratios factoring employee headcount that executive leadership analyze to measure financial performance. According to a report provided by the Small Business Administration (SBA), employee payroll costs can add up to 40% additional expenses on top of employee gross wages. In many other cases, payroll costs can add 70% additional expenses on top of gross wages.

Third Party Payroll solutions are a useful tool for companies dealing with a headcount freeze or mandate. In these cases, an employee can return to work, but transition to an employment agency’s payroll (that provides payroll solutions). A company can bring back an employee, but not officially rehire. The employee is happy to be back at work and the company maintains its valued relationship while maintaining productivity. This is a creative solution for headcount compliance. There is no employee-employer relationship since the employment agency is now the W-2 Employer of record. The company is simply using an employment agency as a vendor or Independent Contractor.

Since the employment agency is now the Employer of Record, the agency pays the employee directly and provides all wages, health benefits, insurance coverage, as well as unemployment benefits. In many cases, an employment agency’s payroll tax burden is less than its company client so there may be additional cost savings.

This year, the federal government passed the CARES Act. Along with this legislation, came the Paycheck Protection Program, an SBA loan designed to provide a direct incentive for small businesses to keep their workers on the payroll. Small businesses may receive loan foregivness for up to 24 weeks from the loan inception date.

What happens when the loan forgiveness period ends? Since wages will no longer be reimbursed by the federal government, should companies furlough employees or continue to keep the headcount (without the government credit)? It’s a challenging decision.

Third party payroll solutions are also an option during this transition period. If an employer or company cannot substantiate the additional headcount (post PPP forgiveness), they can still refer their employee to an employment agency as the new Employer of Record. The outcome is continual employment, increased employee morale, and headcount compliance. Additionally, there are no temp-to-hire or conversion fees to rehire an employee from the employment agency. It’s a win-win scenario.

Employees are the life line of any organization. Treating employees fairly and with respect should be the mission of any company. Unfortunately, these challenging times present difficult corporate decisions. Headcount mandates and the Paycheck Protection Program pose opposing postiions with regards to hiring. Partnering with an employment agency that provides third party payroll solutions and a background in worker compliance is a strong option that can help a company navigate through these situations.

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Now May Be The Time to Hire or Bring Back Employees with Third Party Payroll Solutions

Posted on Jul 13, 2020

The U.S. economy may be getting closer to seeing an ease on the horizon from the total lock down.  Companies will eventually need employees, more than ever, to regain productivity and efficiencies.  When that time comes, an employer will want to be in the best position to seize and rehire employees that are available for a host of valid reasons.  They’re revved up and ready to work again! 

A reduction in most recent unemployment claims statistic is encouraging as the unemployment rate declined by 2.2 percentage points in June, declining to 11.1% and total nonfarm payroll employment rose by 4.8 million in June, according to the U.S. Bureau of Labor Statistics.  These improvements in the labor market reflect the resumption of economic activity that had been curtailed in March and April due to the coronavirus (COVID-19) pandemic.  Notable job gains occurred in retail trade, education and health services, other services, manufacturing, and professional and business services.

It is hopeful that a recovery is coming as lock-down eases and businesses plan to hire full time staff. The additional introduction of temporary employees can add value to an organization.  Temporary employees are also a useful strategy for overcoming disruptions in staff, managing ongoing projects, and delivering immediate productivity.  Temporary employees are generally accustomed to ‘jumping in’ with immediacy.  They have a keen understanding and observant experience knowing what task is needed, before it’s requested.

With many employees on furlough, now is an encouraging time for a company to re-hire staff.  There are several online courses for new learning. Many furloughed workers have taken full advantage of this opportunity to expand skills in different areas, ones which they may not have imagined immersing into prior to pandemic.  Innovation and imagination began to drive this trend.  Temporary employees are ready to present ideas learned, with a fresh presence, as well as offer and build support in an organization.

Temporary employees offer a greater impact on an organization’s ‘big picture’.  It’s a good way to try to migrate this current reality back to a closer version of normal business.

Workforce solutions are driven by demand. Third Party Payroll Solutions, sometimes known as “Payrolling Services,” are a useful tool to speed up the hiring process and bring furloughed employees back to work. A company with a hiring need or a demand to return to productivity can utilize third party payroll solutions to bring back an employee, but now on the employment agency’s payroll ( the new employer’s FEIN or Tax ID).

This tool is a useful way to circumvent compliance issues that arise from a company not operating in multiple states, each with varying legal and regulatory requirements.  If a remote worker is working from home in a state where the employer is not registered, the company with the hiring need can partner with an employment agency that provides third party payroll solutions to employ the worker in their state of residence.

This solution also proves to be beneficial for companies dealing with a headcount freeze. An employee can return to work, but be put on the employment agency’s payroll. The company can bring back the employee, but not officially rehire. A useful tool for headcount compliance. The employment agency handles the W-2 Employer relationship.

Additionally, a growing company that needs to add employees in order to sustain growth, but the costs associated with the Affordable Care Act (ACA) compliance threaten a company’s ability to remain profitable. Third party payroll may be the perfect solution.  The temporary employment agency becomes the “employer of record” with the scalability to offer ACA compliant major health benefits to those much needed employees.  The company’s employees are happy and the company can grow accordingly.

Third party payroll solutions include great flexibility, allowing a company to try candidates in a variety of roles, including part-time and full-time staffing.  Best of all, when a proven, indispensable team player is found, the company may extend an employment offer, to add the individual to their internal payroll, for a potential long-term position with company benefits at no conversion fee.

There are now many options for a company with a need to hire or re-hire. Partnering with a third party payroll solutions specialist can increase productivity while maintaining full HR compliance.

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Third Party Payroll: a great idea for Summer Interns

Posted on Jul 26, 2019

It’s summer time and the livin’ is easy. Yes, those are the lyrics to the famous Ella Fitzgerald song, but it’s also a common theme among employees that want take a summer vacation from their job. In fact, many companies bring on summer interns to share the workload and provide a work-life education.

Summer interns are a great tool to maintain office productivity to let you take that vacation. One thing many companies don’t realize is that summer interns must be paid an hourly wage according to federal and state payroll tax guidelines. You can’t get something for nothing.

Other employers hesitate to use summer interns because when they do decide to pay to play and comply with the law, they hire the intern and on board them on the company’s full time staff payroll. This scenario can frustrate the CFO and Human Resources department. Summer interns who are directly employed will add to the overall company headcount. The employment of interns can also complicate monthly full time employee (FTE) census reports. The impact could cost throw off discrimination testing for retirement plans, add additional payroll processing costs, and simply just increase employee risks and exposure with regards to workers compensation insurance premiums.

A popular tool to alleviate such employer risks is to offload or outsource the summer interns to an employment agency that provides third party payroll solutions. With this remedy, the summer interns can still be retained, but the intern becomes the employee of the employment agency. The employee or intern is simply transferred to the employment agency and the agency takes on the official employer of record. The employment agency also act as a W-2 employer and deduct state and federal taxes as well as insure the employee (workers compensation and liability).

A good employment agency will understand compliance issues, co-employment, workers compensation risks, and payroll laws. When selecting a third party payroll solutions partner, make sure the company is financial solvent. After all, they are extending payroll on your behalf. Also, inquire about the employment agency’s employee benefits offerings. Health benefits and 401k retirement plans will increase summer intern retention if applicable.

Overall, summer interns are a great way to maintain productivity. An easy way to get the process going smoothly and quickly is to partner with an employment agency. Why not let your trusted staffing adviser handle the compliance?

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Remote workers: Payroll and Tax Tips

Posted on Oct 05, 2018

With the rising amount of workers gaining specialized skills and wanting more stay-at-home flexibility, companies are offering work-from-home options.  It’s a great way to increase employee morale and reduce employer overhead.  The most important thing to remember is that remote workers must be set up correctly for payroll and registered as an employee in the state they reside (basically, their home address).   The Department of Labor and Department of Revenue for each State require its share of the employer burden.  In other words, employers are required for payroll to contribute to the state’s unemployment insurance fund (the SUI burden or payroll tax) and employers are also required to pay employer taxes (the SIT burden or payroll tax).

Employers also need to be aware that a red flag can be set off from a simple tax return.  If the remote worker files taxes in the state he or she works, but the Employer issues a W-2 Payroll Form in a different state, there may be an inquiry from the IRS.  Additionally, Employers that issue 1099 forms to 1099 Independent Contractors who work from home, may want to reconsider.  If a 1099 Independent Contractor only works for that employer, that could trigger 1099 misclassification and render an IRS or Department of Labor audit.  The safest way is to set up payroll correctly and classify the remote worker as a W-2 Employee

If you have remote workers in multiple states, you need to make sure you are paying everyone according to the laws in those states. You and your payroll provider should know, at minimum, the following information in order to comply with each state’s regulations:

  • Minimum wage in the employee’s state
  • Paid Sick Leave Laws
  • Mandatory State Disability Laws
  • Mandatory off boarding pay cycle state regulations
  • Payday frequency requirements
  • Payroll deduction requirements
  • Overtime calculation (if it differs from the federal regulations)
  • Payroll tax calculations

Learn more about UNIFORCE Workforce Solutions.

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Employees will see an increase in the Social Security Tax rate in 2013

Workforce Compliance Trends
Posted on Jan 25, 2013

The updated tax tables, issued after President Obama signed the changes into law, show the new rates in effect for 2013 and supersede the tables issued on December 31, 2012. The newly revised version of Notice 1036 contains the percentage method income-tax withholding tables and related information that employers need to implement these changes.

In 2013, Employers are required to begin withholding Social Security tax at the rate of 6.2 percent of wages paid following the expiration of the temporary two-percentage-point payroll tax cut of 4.2 percent in effect for 2011 and 2012.

Click on the IRS web site for more information.

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Federal 1099 Crackdown

Workforce Compliance Trends
Posted on Feb 18, 2010

The Obama Administration announced today that as part of its 2010 budget, the federal government will begin a large scale crackdown on companies that misclassify 1099 / Independent Contractors.

According to expert sources, many companies have maneuvered to cut costs by wrongly classifying regular employees as independent contractors to avoid paying employer taxes and offering employee benefits.

As a solution to 1099 compliance, many companies are utilizing Uniforce’sQuick Start Staffing as a third party payroll service. Since Uniforce becomes the (W-2) “Employer of Record” for the workers that were incorrectly classified as independent contractors, companies are IRS compliant and can now retain the workers with no payroll tax, insurance, or benefits costs.

A recent New York Time article discusses this issue in length.

Read the New York Times Article