​Every Word Counts When Crafting an Employee Handbook

A fundamental requirement of the National Labor Relations Act (NLRA) is that employers must not "interfere with, restrain or coerce employees in the exercise of their rights" to organize into labor unions, collectively bargain and engage in similar "concerted activities," according to § 8(a)(1) of the law.

In general, "concerted activities" occur when at least two employees take actions intended to improve their wages or working conditions. It can also mean action taken by one employee, such as communication with a supervisor. What that actually means in practical terms is spelled out on a case-by-case basis.

The U.S. Court of Appeals for the District of Columbia Circuit recently did just that in the case of Hyundai America Shipping Agency, Inc. v. National Labor Relations Board (No. 11-1351). The litigation began when a terminated employee, Sandra McCullough, complained to the National Labor Relations Board (NLRB) that she'd been fired for engaging in "protected concerted activities."

Question: Our business has determined that we're an applicable large employer (ALE) subject to employer shared responsibility under Internal Revenue Code Section 4980H. As an ALE with a fully insured health plan, what forms do we need to complete to report on health coverage? When do we need to file them with the IRS?

Back in 2010, police officers working for the Chicago Police Department's (CPD) Bureau of Organized Crime sued their employer, eventually earning class-action status for the case (Allen v. City of Chicago). The officers maintain that, while off duty, the CPD required them to access work-related emails, messages and phone calls on their BlackBerry devices. This, they claimed, was a violation of the Fair Labor Standards Act (FLSA).

If an employee lodges what you consider an unwarranted complaint about a supervisor at your company — possibly about you yourself — it's natural to feel some resentment. But matters can quickly go from bad to worse if, after filing the grievance, that employee believes he or she is being retaliated against.

Employers and other organizations got some good news from the IRS for the start of the new year. The tax agency announced that it's extending the due dates for filing 2015 Affordable Care Act (ACA) information returns. This gives employers extra time to complete two tasks:

1. Provide the forms to the recipients and
   
2. File the forms with the IRS.
   

​The tax law passed by Congress and signed by President Obama on December 18 contains some payroll tax provisions that are of interest to employers. Here are four changes in the Protecting Americans from Tax Hikes Act of 2015 (PATH Act). 

Crunch time

Nov. 27, 2015
By Tonya Layman
Atlanta Business Chronicle

'Tis the season for shopping, eating, merriment and enjoying friends, coworkers and family. Notice slacking off at work doesn't make the list. So while the things on the to do list may be longer than Santa's nice list, some local CEOs say it is not OK to let work duties slide.

CertiPay is proud to be mentioned on Florida Trend's exclusive list of the state's largest privately-held companies for 5 years in a row. Although CertiPay is well-established in our industry, we continue to grow due to our dedication to superior client service. This year, we add an online Benefit Enrollment System to our customized Payroll and Human Resources Solutions. 

From providing outstanding client service to developing market leading technology, we strive to give our clients the best experience possible.

Your company's payroll, employee benefits and HR functions need to work hand-in-hand to meet the reporting requirements of the Affordable Care Act, the IRS warns. That's because the information necessary for filing Forms 1094 and 1095 is generally housed in different departments. With the filing deadline looming in early 2016, employers must ensure they can compile the data in time.​

Except for in very small companies, payroll, human resources and employee benefits are generally handled by separate offices. However, compliance with the Affordable Care Act (ACA) and the need to file certain forms may make it necessary for the three functions to cross over, to some degree.

"Regardless of which department is ultimately tasked with the responsibility for completing the forms, it is clear that they will have to work together because each department will probably control the system housing some of the data that must be reported," states the IRS in its publication SSA/IRS Reporter.

The federal government is always on the lookout for businesses that improperly classify workers as independent contractors rather than employees. But the heat was recently turned up even more.

The issue of worker classification has many tax and benefit implications. And it continues to be problematic for employers.