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Payroll Record Retention Requirements By Charles Read Every business must retain certain records on their current and past employees, but which ones and for how long? On the federal level, there are two agencies that regulate record keeping. First is the IRS, which is responsible for enforcing the Internal Revenue Code. The second is the U.S. Department of Labor (DOL). The Wage and Hour Division of the DOL is responsible for enforcement of the Federal Fair Labor Standards Act (FLSA), the Family and Medical leave Act (FMLA), the Immigration Reform and Control Act (IRCA), and the laws governing wages paid by federal government contractors. Both of these agencies have separate rules regarding the type of records that must be kept and the length of time you must keep the records. To further complicate your requirements there are numerous state, local and other regulatory agencies that may require additional record keeping. State agencies enforce State Unemployment Insurance Tax Acts, state wage and hour laws, child support and creditor garnishment laws and unclaimed or abandoned wage requirements. Keeping these records accurate and up-to- date is extremely important to the health of your business. Without the proper records you will be unable to meet regulatory requirements should you be audited by any of various federal state and local agencies. Failing to meet these requirements can mean large penalties and the potential for large settlement awards should you be unable to provide the required information when requested. Internal Revenue Service The following records must be kept for four years after the tax due date or the actual date paid.
- Name, address, occupation, and social security number of each employee
Total compensation and date paid including tips and non-cash payments
Compensation subject to withholding for federal income, social security and Medicare tax - Pay period for each compensation period
Explanation of difference in total compensation and taxable compensation
Employees' W-4 Form
Dates of employment (beginning and ending)
Employee tip reports
Wage continuation made to an absent employee by employer
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Reports: United Airlines to lay off nearly 1,200UAL Corp., the parent company of United Airlines, plans to lay off 1,190 workers in early 2009 as part of a previously announced plan to cut about 7,000 jobs, according to media reports. (UAUA) TSG sells stake in Meguiar'sTSG Consumer Partners, a San Francisco private equity firm, recently sold its stake in Meguiar’s, an auto-polish maker based in Irvine. (MMM) Northrop to sponsor D.C. bowl gameNorthrop Grumman Corp. is the latest founding sponsor to join the growing list for the inaugural EagleBank Bowl, announced the D.C. Bowl Committee Inc. (NOC) Activision inks deal with Microsoft unitActivision Blizzard Inc. has signed a deal with Microsoft Corp. subsidiary Massive Inc. allowing Massive to provide a platform for dynamic, in-game advertising for 18 of Activision's titles, including "Guitar Hero: World Tour" and "James Bond: Quantum of Solace." (MSFT) (ATVI) Boeing teaming with Hollywood companyThe Boeing Co. is going Hollywood for new training systems for the military and law enforcement, striking a deal with Creative Technologies Inc. (BA) Skechers, Crocs settle litigationSkechers USA Inc. and Crocs Inc. said Wednesday that they have settled all litigation involving a patent dispute between the two companies. (CROX) (SKX) Jacobs gets contract from USMCJacobs Engineering Group Inc. has received a Joint Equipment Assessment Program contract from the United States Marine Corps worth up to $89 million. (JEC) Honda sales plunge 32% in NovemberThe recession continued to make a mark on Honda Motor Co. Ltd.’s sales, which fell by a third in November from a year earlier, the automaker reported Tuesday. California???s gas use drops 8%Californians used 8.3 percent less gas in August than they did in the same month in 2007, while gas prices climbed 40 percent in the same time period. UnitedHealth: Health plan enrollment to decline in '09UnitedHealth Group Inc. is predicting that it will lose hundreds of thousands of members from its health plan rolls in 2009, with declining or flat profit. (UNH)
or third party
Details of fringe benefits provided to employee
Copy of employee's request to use the cumulative method of wage withholding
Adjustments or settlement of taxes
Amounts and dates of tax deposits
Total compensation paid to employee during calendar year
Compensation subject to FUTA
State unemployment contributions made
All information shown on 940
Copies of returns filed (941, 643, W-3, Copy A of Form W-2 and returned W-2 forms) Department of Labor The following records must be kept for three years after date of last entry. - Employee's name as it appears on social security card
Complete home address and date of birth if under age 19
Sex and occupation
The beginning of the employee's work week Regular rate of pay for overtime weeks
Hours worked each workday and workweek
Straight-time earnings including the straight –time portion of overtime earnings
Overtime premium earnings
Total wages paid for each pay period including additions and deductions
Date of payment and pay period covered
Records showing total sales volume and goods purchased
Following records must be kept for two years after the last date of entry
Employment and earnings records, employee hours of work, basis for determining wages and wages paid
Order, shipping and billing records showing customers orders and delivery records
Wage rate tables and piece rate schedules
Work time schedules that establish hours and days of employment
Department of Labor In addition to the general requirements of both the IRS and the DOL mandated by several federal acts. They are: Family and Medical Leave Act Basic payroll and employee data Dates FLMA leave is taken Hours worked by employee in last 12 months Hours of FLMA leave for exempt employee Copies of employee notice to employer Copies of general and specific notes given to employees Copies of policy regarding taking of paid and unpaid leave by employee Documents verifying premium payments of employee benefits Records of FLMA leave disputes between employee and employerTitle VII of the Civil Rights Act of 1964 and the Americans with Disability Act of 1990 have no general record requirement under the law, but to meet the requirements all records relating hiring, promotion, demotion, transfer, layoff or termination, rates of pay, and selection for training or apprenticeship should be kept for one year from date of action. The Age Discrimination in Employment Act of 1967 requires that you keep the following records for three years:
- name
address date of birth occupation pay rate compensation earned
You also keep the following for one year from the date of action: - job applications
resumes response to advertised job openings records related to the failure to hire an individual
You also must keep all records related to - layoff or discharge of an employee
job orders submitted to a placement agency employee administrated by employee physical exams used to make personnel decisions - job advertisements
The Immigration Reform and control Act requires that you must retain copies of the I-9 Form for three years after the date of hire. Article Source: http://www.article-matrix.com Charles J. Read, CPA has been in the payroll, accounting and tax business for 30 years, the last fifteen in private practice. Mr. Read is the author of “How to Start a New Business.” To find professional payroll service at a budget price go to www.PayrollonaBudget.com a paperless payroll company.For a full service payroll bureau with CPA’s on staff visit www.CustomPayroll.com .See an excerpt of Mr. Read’s interviews from William Shatners “Heartbeat of America” television show on the web sites linked above.
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Top US officials try to defuse Mumbai tension - Hürriyet <font style="font-size:85%;font-family:arial,sans-serif"><br><div style="padding-top:0.8em;"><img alt="" height="1" width="1"></div><div class=lh><table border=0 align=right cellspacing=0 cellpadding=0cellpadding=3 style="font-size:100%;font-family:arial,sans-serif"><tr><td width=80 align=center style="padding-left:6px;" valign=top><a href="http://news.google.com/news/url?sa=T&ct=us/0-0i-0&fd=R&url=http://thestar.com.my/news/story.asp%3Ffile%3D/2008/12/3/worldupdates/2008-12-03T202905Z_01_NOOTR_RTRMDNC_0_-368461-6%26sec%3DWorldupdates&cid=1276440564&ei=ISI3SYDZJY3KgQPvmumNDw&usg=AFQjCNEO8zPcykGwtTHpGwaa_0gkLEAYHA"><img src=http://news.google.com/news?imgefp=_lSqC3SsbCUJ&imgurl=thestar.com.my/archives/2008/12/3/worldupdates/2008-12-03T202905Z_01_NOOTR_RTRMDNP_1_India-368461-6-pic0.jpg width=62 height=80 alt="" border=1><br><font size=-2>Malaysia Star</font></a></td></tr></table><a href="http://news.google.com/news/url?sa=T&ct=us/0-0-0&fd=R&url=http://www.hurriyet.com.tr/english/world/10501963.asp%3Fscr%3D1&cid=1276440564&ei=ISI3SYDZJY3KgQPvmumNDw&usg=AFQjCNHHnQ0LkLTsFLbrDMvDNE7J1Ow11w"><b>Top US officials try to defuse Mumbai tension</b></a><br><font size=-1><b><font color=#6f6f6f>Hürriyet -</font> <nobr>32 minutes ago</nobr></b></font><br><font size=-1>ISTANBUL - Top US officials visit India and Pakistan as part of a US effort to ease tensions in the region after the Mumbai attacks killed at least 180 people.</font><br><font size=-1><a href="http://news.google.com/news/url?sa=T&ct=us/0-0-1&fd=R&url=http://www.youtube.com/watch%3Fv%3DhBwEpiptCOA&cid=1276440564&ei=ISI3SYDZJY3KgQPvmumNDw&usg=AFQjCNEYdh82n7GtjLwajZo0LRBleAps2w">Video: Rice: Pakistan Must Cooperate Fully</a> <font size=-1 color=#6f6f6f><nobr>AssociatedPress</nobr></font><object width="448" height="356"><param name="movie" value="http://www.youtube.com/v/hBwEpiptCOA"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/hBwEpiptCOA"type="application/x-shockwave-flash"wmode="transparent"width="448"height="356"></embed></object><br></font><font size=-1><a href="http://news.google.com/news/url?sa=T&ct=us/0-0-2&fd=R&url=http://www.cnn.com/2008/WORLD/asiapcf/12/03/india.pakistan.rice/&cid=1276440564&ei=ISI3SYDZJY3KgQPvmumNDw&usg=AFQjCNGGLa_bFwDZWl-mhav9Nh2mDOhVDw">Rice urges Pakistan to take on terrorists within its borders</a> <font size=-1 color=#6f6f6f><nobr>CNN</nobr></font></font><br><font size=-1 class=p><a href="http://news.google.com/news/url?sa=T&ct=us/0-0-3&fd=R&url=http://www.nytimes.com/2008/12/04/world/asia/04india.html%3Fref%3Dasia&cid=1276440564&ei=ISI3SYDZJY3KgQPvmumNDw&usg=AFQjCNGPXY8MjOtnY623hcSsrPaiGnE96Q"><nobr>New York Times</nobr></a> - <a href="http://news.google.com/news/url?sa=T&ct=us/0-0-4&fd=R&url=http://www.hindu.com/2008/12/04/stories/2008120458180100.htm&cid=1276440564&ei=ISI3SYDZJY3KgQPvmumNDw&usg=AFQjCNG2vwcDtf8SU4KWUZ_uX4oqttwR2A"><nobr>Hindu</nobr></a> - <a href="http://news.google.com/news/url?sa=T&ct=us/0-0-5&fd=R&url=http://abcnews.go.com/Politics/story%3Fid%3D6386784%26page%3D1&cid=1276440564&ei=ISI3SYDZJY3KgQPvmumNDw&usg=AFQjCNHTTpCgDHgybfbDS1Dw0HalEHF81w"><nobr>ABC News</nobr></a> - <a href="http://news.google.com/news/url?sa=T&ct=us/0-0-6&fd=R&url=http://www.google.com/hostednews/ap/article/ALeqM5hKO6E2Vs5MktD_-DXHsbQ6tnT1-QD94RE7LO1&cid=1276440564&ei=ISI3SYDZJY3KgQPvmumNDw&usg=AFQjCNFF6oqy2BbgUqI_CPU9atFaTmG24Q"><nobr>The Associated Press</nobr></a></font><br/><font class=p size=-1><a class=p href=http://news.google.com/news?sourceid=navclient&ie=UTF-8&ncl=1276440564&hl=en><nobr><b>all 2,995 news articles</b></nobr></a></font><br clear=all> </div></font>
It's Official: We're in a Recession While the announcement yesterday wasn't a surprise, it is good to acknowledge what many people have already known and felt. The National Bureau of Economic Research, or NBER said Monday...Don't Treat Your 401k Like a Savings Account The holidays can be a time where money becomes tight, and many people turn to their 401(k) or other retirement plans for some quick cash. If your retirement plan has...Saving Money is Easy if You Make it Automatic Many people think saving money is hard, but it doesn't have to be. The biggest problem is that most people treat savings as something that should be done after all...Health Insurance Options After Termination or Early Retirement If you're a full-time employee, chances are health insurance is one of the benefits available to you. If you choose to take advantage of this benefit, you probably understand that...3 Tips to Help You Maintain a Budget The process of creating a budget can be daunting at first, but creating one is actually the easiest part. Maintaining and staying true to your budget for any period of...Use the Rule of 72 to Estimate How Long it Takes Your Money to Double Have you ever wondered how you can quickly estimate how fast your money or investments will grow? Sure, you can plug numbers into a financial calculator or software program to...Be Aware of the Warning Signs of Too Much Debt Is paying off debt bogging you down and keeping you from reaching your financial goals? Using credit and can be a powerful tool that allows you to buy a home,...
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Financial Planning is the task of determining how a business will afford to achieve its strategic goals and objectives. Usually, a company creates a Financial Plan immediately after the vision and objectives have been set. ...
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