Form 300A Electronic Submission Requirement Now Applies Nationwide

The federal Occupational Safety and Health Administration (OSHA) recently announced that covered establishments in all states—including establishments in California, Maryland, Minnesota, South Carolina, Utah, Washington, and Wyoming—must electronically submit data from their 2017 OSHA Form 300A to OSHA by July 1, 2018. Previously, employers in those seven states were deemed exempt from the electronic submission requirement.

As a reminder, the following establishments—if currently required to comply with OSHA’s recordkeeping requirements—are required to electronically submit data from their 2017 Forms 300A to OSHA:

Click here to read the OSHA announcement. To submit your establishment’s data, click here.

Are Summer Interns Subject to Minimum Wage and Overtime Pay Laws?

 

While the federal Fair Labor Standards Act (FLSA) requires for-profit employers to pay “employees” for their work, interns and students may not be employees under the FLSA. The U.S. Department of Labor (DOL) and many courts use the “primary beneficiary” test to determine whether an intern or student is, in fact, an employee under the FLSA. This test examines the “economic reality” of the intern-employer relationship to determine which party is the “primary beneficiary” of the relationship. The following seven factors are included in the test:

  1. The extent to which the intern and the employer clearly understand that there is no expectation of compensation. Any promise of compensation, express or implied, suggests that the intern is an employee—and vice versa.
  2. The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions.
  3. The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit.
  4. The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar.
  5. The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning.
  6. The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern.
  7. The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship.

The primary beneficiary test is flexible, and no single factor is determinative. Instead, whether an intern or student is an employee under the FLSA depends on the unique circumstances of each case. If analysis of these circumstances reveals that an intern or student is actually an employee, then he or she is entitled to both minimum wage and overtime pay under the FLSA.

Click here for more information from the DOL.

DOL Clarifies Federal Law on Tip Pooling

The U.S. Department of Labor (DOL) has released guidance clarifying federal law on tip pooling. The guidance was issued in response to a federal law that amended the federal Fair Labor Standards Act’s (FLSA) tip pooling rules. The DOL guidance states that:

  1. Employers are prohibited from keeping tips received by their employees, regardless of whether the employer takes a tip credit against the minimum wage for its employees.
  2. Federal regulations no longer prohibit tip pooling when employers pay tipped employees at least the full federal minimum wage and do not claim a tip credit.
  3. Employers who pay at least the full federal minimum wage are no longer prohibited from allowing employees who are not customarily and regularly tipped—such as cooks and dishwashers—to participate in tip pools. However, managers and supervisors are prohibited from participating in tip pools.

Execupay Welcomes Scott Abramson to The Team!

Execupay is proud to welcome Scott Abramson as our new Partner Account Manager!

Abramson is an industry veteran with nearly 20 years of experience helping businesses thrive. He is bringing his exceptional performance and creative problem-solving abilities to the table to help our licensee community grow their businesses by leveraging every aspect of Execupay’s platform.

He will also be working directly with Execupay channel partners; helping them build strong relationships with their clients through Execupay’s unique business solutions.

Before joining Execupay, Abramson was most recently the Senior Business Development Manager at Resourcing Edge, a national PEO.  He has also worked with Apex HCM where he successfully implemented their partnership programs and delivered significant growth in their key metrics.

“I honored and excited to be joining Execupay. I believe my background and experience perfectly aligns with the Execupay mission to deliver exceptional services and solutions to our customers, in order to help them grow their payroll businesses as well as to help our channel partners excel with the Execupay solution.”

~Scott Abramson

Welcome aboard Scott! We are so happy to have you as part of our fantastic Execupay team!

Execupay Introduces Branded & Integrated Payroll for hCentive

Execupay and hCentive have partnered to provide All in one platform with Benefits and Payroll to employers and employees

Execupay’s integration for hCentive benefits both HR departments and the employees. For the HR professional, hCentive’s Uzio Payroll offers a full-service online payroll experience, which includes dedicated, highly trained, payroll support, automated tax services and seamlessly synced payroll data for one system of record.

“Uzio is excited to partner with Execupay, as it would help us serve our customers better,” said Ashish Jaiswal, Head of Product at Uzio. “Our HR and Benefits platform and Execupay’s payroll management technology will enable Uzio to deliver a unified customer experience for our broker partners, employers and employees.”

Execupay’s Channel Partnership program enables industries such as financial institutions, brokers, accountants, retailers and franchisors to offer white-labeled Payroll & HR Services to their businesses customers changing the way their customers think about Payroll. With “Powered by Execupay”, companies have the option to offer branded payroll and HR services without the investments in product or staffing, while strengthening their customers relationship with their brand.  With customized sales material, websites and more, Execupay handles all aspects of the offering from sales to implementation to service for their partners, all backed by a White Glove Service promise.  “Powered by Execupay” is the easiest way for any business to offer payroll and HR service to their small business customers.

“Customer success is the topmost priority for Uzio, including our partnership with Execupay,” said Sushant Jha, Business Head, Uzio. “Our collaboration will empower our mutual customers to manage employee benefits and payroll in more effective ways.”

About Execupay
Execupay has been a trusted leader in providing payroll and HR Solutions for both small and medium sized businesses since 1974, covering payroll, time and labor management, talent acquisition, talent management, and more for thousands of businesses and millions of employees.  Execupay couples innovative products with white glove customer service to empower customers, allowing them to focus on growing their business.   Learn more about Execupay at execupay.com, get great payroll and HR advice at execupay.com/blog and follow us on Twitter at @execupay.

About Uzio (powered by hCentive)
At Uzio (www.uzio.com) we provide the best technology platform for broker, employers and employees. Uzio transforms brokers into a digital broker and helps them differentiate from the “pen & paper” based brokers. Our technology will enable brokers to provide a fast and efficient deployment of the benefits in a true digital landscape that simplifies the clients’ experience. Impress your peers and clients with state of the art technology! Uzio’s empowering partnership helps brokers, grow revenue and acquire new clients.

For SMB’s looking to provide comprehensive benefits in a cost-effective way, UZIO provides a marketplace of products and partners, which simplifies the benefits management by combining the power of technology and the experience of the local Brokers.

Sebastiaan Pleij
Design & Marketing Manager at Execupay, Inc.
877-366-9511
sebastiaan.pleij@execupay.com

Sunny Arora
Sr. Director, Marketing at hCentive, Inc
sunny.arora@hcentive.com

Some Updates For the 2018 Tax Year

2018 Federal Tax Withholding Guidance Released

The Internal Revenue Service (IRS) has released Publication 15 (Circular E), Employer’s Tax Guide, for use in 2018. This publication:

  • Details employers’ federal tax responsibilities;
  • Explains the federal requirements for withholding, depositing, reporting, paying, and correcting employment taxes;
  • Lists the forms employers must give to their employees, those that employees must give to the employer, and those that the employer must send to the IRS and Social Security Administration; and
  • Features the tax tables to calculate the taxes to withhold from each employee.

Publication Highlights
Highlights of the 2018 publication include the following:

  • Social Security and Medicare Tax for 2018. The Social Security tax rate is 6.2% each for the employee and employer. The Social Security wage base limit is $128,400. The Medicare tax rate is 1.45% each for the employee and employer. There is no wage base limit for the Medicare tax.
  • 2018 Withholding Tables. The publication includes the 2018 Percentage Method Tables and Wage Bracket Tables for Income Tax Withholding.
  • Withholding Allowance. The 2018 amount for one withholding allowance on an annual basis is $4,150.

DOL Updates Employer CHIP Notice

The U.S. Department of Labor (DOL) has updated its model notice for employers to provide information on eligibility for premium assistance under Medicaid or the Children’s Health Insurance Program (CHIP). This notice is generally updated twice a year. Click here to download the updated notice in PDF format.

Annual Notice Requirement
Employers that provide health insurance coverage in states with premium assistance through Medicaid or CHIP must provide employees with the Employer CHIP notice annually before the start of each plan year. An employer can choose to provide the notice on its own or concurrent with the furnishing of:

  • Materials notifying the employee of health plan eligibility;
  • Materials provided to the employee in connection with an open season or election process conducted under the plan; or
  • The summary plan description (SPD).

The updated model notice includes information on how employees can contact their state for additional information and how to apply for premium assistance, with information current as of January 31, 2018.

 

Execupay: The Modernization of our Brand

Evolving the way users access and experience the Execupay brand is key to our customers success.

Execupay isn’t your average local business. As we move into over 45th year in business, our mission to innovate and accelerate our industry hasn’t changed. Several years ago, we created the, now ubiquitous, Execupay Logo and Website, to better communicate our style and message that we’re a people company. With that in mind, we’re ecstatic to announce the fresh new look of Execupay.