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Universal Laws of Payroll

These are not statutes, regulations, or court decisions, but they reflect some basic truths of payroll.  Some of them are legitimate...some are ironic...and some are whimsical.  We welcome your suggestions.

The Payroll Prime Directive

Don't mess with their paychecks!

Kay's Boss's Law

You're not guilty until you're caught.

The Coffee House Corollary

The cost of compliance may be more than the cost of the penalties.

The Law of Materiality 

Who cares?

The Don't Panic Postulate

There is ALWAYS an exception.

The Rule of Legislative Retribution

When the law gives you an exception (such as exempt employees), there's always a catch (such as guaranteed salaries).

The Employment Obviousness

They're your employee, not a contractor.

The Basic Concept

The employer is master of the workplace.  Everything is the employer's responsibility.

The Red Flag

Issuing 1099's and W-2's to the same person in the same year is not a good thing.

The Self-Employment Irony

Someone who is self employed can't fire themselves without cause.

The Overtime Concept

EVERYONE who works over 40 in a workweek, gets overtime at time and a half.

The Exempt Rule

They're non-exempt.

The Exempt Guidance

Exempt employees are compensated for the general value of their services, not for the amount of time they spend on the job.

The Salary Standard

Exempt employees get a guaranteed salary.

The Working Time Tenet

It's working time if they're under the control of the employer and engaged in activities that are of benefit to the employer.

The Employee's Un-Involvement

They don't get to decide about overtime issues.

The Records Requirement

If it's not documented, it didn't happen.

Pete's Postulate (HR Variation)

1. Document
2. Document
3. Document

Pete's Three Word Rule of HR

Contact legal counsel.

The Record Quality Equivalence

The audit will be three years from now, not tomorrow.  

The Tax Rule

It's taxable.

The Cash Concern

Cash is always taxable.

The Attorney Conundrum

The only advice you should believe is what comes from YOUR lawyer.

The State Priority

Where the employee works will generally determine which state law applies.

The Rule of Annoyance

If your security system isn't inconveniencing and annoying people, it isn't much of a security system.


Again, remember if you have a new Universal Law of Payroll, we welcome your suggestion.  Please contact us.

 

 

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Disclaimer 
This site provides general information to familiarize you with certain issues and may not apply to your situation.   You should not rely on this site for your specific needs.  Users should always consult with a competent wage and hour attorney or employment tax advisor and/or do their own research in authoritative publications before applying the principles or suggestions mentioned here.

 

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