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Archive for May, 2019

Question: Can we give employees different amounts of vacation or PTO time?

Answer: If the differing amounts of vacation or PTO are based on a clearly-defined employee groupings, such as seniority, department, or exempt versus non-exempt status, then yes. It’s a common practice, for example, for employers to offer more vacation time to employees who have been with the organization for longer.  Where you can run into trouble is offering different amounts of vacation on an individual basis or without clearly-defined criteria, either of which can lead to discrimination claims. For instance, if Rafik and Anita are hired at the same time for similar jobs in the accounting department at the same rate of pay, but the organization offers Rafik more vacation, Anita

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EEO-1 Reporting Requirements Finalized

The hotly contested issue of what exactly needs to be filed for EEO-1 reporting this year has been resolved—at least for now. Pay data for both 2017 and 2018 must be reported to the Equal Employment Opportunity Commission (EEOC) by September 30, 2019. The data that has been required in years past is still due by May 31, 2019. An appeal of the latest decision has been filed, so it's possible that there could be yet another change to the requirements, but employers should plan to comply with these deadlines, as described below.  Does my business even need to file the EEO-1 report?If you have fewer than 100 employees and no federal contracts, you are not subject to EEO-1 reporting re

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Final Pay Laws By State

Did you know that each state has their own rules on when an employees final paycheck is due? Here in Wisconsin, if an employee quits, it is due to them on their next scheduled pay day. If an employee is fired, it is also the next scheduled payday, or if the termination is the result of a merger, relocation, cessation, or liquidation of the business, final pay is due within 24 hours. It is definitely not an exciting read, but here is a link to the details on the Wisconsin State Legislature website. If you have questions on other states, please don't hesitate to ask us.

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What You Need to Know Before Disciplining or Terminating an Employee

The prospect of corrective action or termination makes a lot of managers nervous. That’s understandable. For employees, being disciplined or losing their job can be anything from moderately embarrassing to financially devastating, but it’s rarely a happy occasion. For the employers, these actions always come with some risk, and there are plenty of legal danger zones an employer can end up in if corrective action isn’t done properly. Here are some tips from our HR Pros to help you avoid these pitfalls and make corrective action productive for everyone:  Everyone in the organization, but especially those responsible for disciplining or terminating employees, should understand

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Governor Cracks Down on Employee Misclassification

Earlier this month Governor Evers issued Executive Order 20 (EO), which will ultimately lead to a crackdown on misclassification of employees as independent contractors. The EO calls for creation of a joint task force of leaders from the state Department of Workforce Development, Attorney General’s office, Workers’ Compensation and Unemployment Insurance Divisions, and several other state agencies.  The task force has been given numerous objectives, some of which are fairly administrative, but it’s clear that its primary focus is enforcement and a push for increased reporting of misclassification. The Governor cited the impact on vulnerable populations that are misclassified (

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SIMPLE IRS vs. 401(k) – Which is right for you?

A SIMPLE IRA can be a great retirement savings vehicle. It allows a business owner to take an active roll in preparing employees for their financial future. These plans can be easy to administer, but they can also somewhat limiting by nature- which means they aren’t the perfect fit for everyone. If you’re looking for a bit more flexibility out of your retirement plan, you may want to consider the 401(k) option.  Here are a few things a 401(K) can offer that a SIMPLE IRA cannot:  - Maximize your contributions*  - Limit tax liability on both a business and personal level  - Allow for customized options such as Roth contributions, profit sharing, and loans

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