WWW.ADP.COM 4Page 2 ADPAdvisor TM Fall 2007 • New version of ezLaborManager® adds even more automation and convenience • Helpful Hints for 401(k) Plan Administrators • New release of ADP’s HR/Benefits Solution tracks employee training, certifications, skills 4Page 3 • Association Spotlight • Federal minimum wage increase to have different effect on different states 4Page 4 • Ask the ADP Advisor • See ADP solutions in action! • ADP’s Taxware® automates calculation of sales, use, VAT, and other transaction taxes Vol. 17 No. 4 Payback time: what you need to know about recovering overpayments to employees Payroll mistakes happen. In fact, someone enters the wrong hours or of working out a repayment schedule. according to the American Payroll the wrong pay rate.” Additional causes In most cases, a nominal overpayment Association’s most recent benchmarking can include: ($100 or less) is deducted from the study, they happen at a median rate of • Terminated employees who use up employee’s next paycheck. Repayment 1.24%. Of those errors, an estimated 17% are overpayments. What are the typical causes? “Incorrect time sheet reporting is probably the most prevalent source,” says Jim Medlock, Senior Director their vacation time before actually of a larger amount may be spread out earning it over time. Typically, the individual • New hires who receive relocation payments, but fail to stay with the 15% of gross wages for that pay period. company for the required time • Workers on disability who fail to of Education and Training with report state disability benefits to the American Payroll Association. their employers “Intentionally or unintentionally, deductions will be no greater than • Managers who award bonuses to ineligible employees. In the case of incorrect pay rates, the amounts at stake can grow quite large, with erroneous payments continuing for years. Outlook varies with exempt and nonexempt employees When employees are not receptive to repaying you, your prospects vary, depending on whether they have exempt or nonexempt status. “Because of FLSA law, it is almost impossible to recover overpayments without written consent from exempt employees who have worked during er Free Off Who is exempt? Nonexempt? Free ADP guide explains FLSA regulations 4See page 4 “ ...incorrect time sheet reporting is probably the most prevalent source of payroll mistakes. “If the employee is gone, the money is probably gone, too.” a workweek,” says Mr. Medlock. “They Can your company get its money back? reduction.” Some organizations “The odds are poor if the employee has require employees to sign an advance left your company,” Mr. Medlock agreement promising to refund any observes. “Some employers send overpayments. “That’s a nice step, but invoices or hand the case over to it’s not legally binding,” Mr. Medlock collection. But if the employee is gone, remarks. “The FLSA governs this issue the money is probably gone, too.” He and the courts have essentially ruled adds that unless the case involves an that it’s the employer’s responsibility especially large amount, the cost of to correctly pay employees.” collection is rarely worth the effort. are guaranteed their salary without On the other hand, federal law If the employee is still with your allows you to recover overpayments company, and willing to do the right to nonexempt employees without the thing, then it’s a straightforward matter employee’s consent. However, your continued on page 3 New release of ADP’s HR/Benefits Solution tracks employee training, certifications, skills o make the best possible use of your people, T you need to know what training and skills they possess. That’s why the newest version of ADP’s HR/Benefits Solution (HR/B), includes a powerful new set of talent management tools. The newest version of ezLaborManager will automate the entire process of requesting and approving time off. New version of ezLaborManager® adds even more automation and convenience Released this past June, the enhanced version lets you track: • Prior work experience • Education and training • Specialized work or language skills his coming September, ADP will release an enhanced version of ezLaborManager®, T the ADP-hosted, Web-based time and attendance system. Among the new features: • Request for Time Off automates the entire time off request, approval, and scheduling process. • Actual vs. Scheduled Report provides a quick, easy way to spot variations • Licenses, certificates, and awards • Professional affiliations A robust search engine quickly creates reports of which employees have which skills. “So if I’m a manager with a special project, I can between actual hours and scheduled hours. • Central Inbox and Automated Messaging provides a single access point for viewing notifications and responding to all actionable items. • Automated Reports lets you schedule reports to run at predefined frequencies and times. • Kiosk-style Web Clocking provides a faster and more secure Web interface for employees to quickly and easily clock in and out without having to log in to ezLaborManager. • History Archive Reports speeds system performance by automatically moving data older than two years to a separate but readily available History Archive Report folder. ■ For additional information on ezLaborManager, check item #48 on your Reader Service Form, or visit www.majoraccounts.ADP.com/time. H E L P F U L H I N T S F O R 4 0 1 ( K ) P L A N A D M I N I S T R AT O R S Analysis supports need for automatic enrollment Is anyone in your company a certified project manager? The newly released version of ADP’s HR/Benefits Solution makes it easy to find out. look across the whole company for an employee “It’s one thing to know how much to save for retirement, it is quite another to do it,” says Mark Warshawsky, Director of Retirement Research at Watson Wyatt Worldwide, a leading global consulting firm. In its analysis of 300,000 workers at 32 large employers, Watson Wyatt found that more than half of workers with an annual salary between $10,000 and $25,000 choose not to participate in a 401(k) plan. Even among higher earners, nearly one out of 10 workers earning more than $100,000 a year choose not to participate. When employees do participate, their contribution rates tend to be low, especially among younger and lower-income workers. Workers earning between $10,000 and $25,000 a year contribute just 6.2% of their salary to 401(k) plans, while those earning at least $100,000 contribute nearly 10%. The result of such low contribution rates can be underfunded retirement accounts. Watson Wyatt found that two out of three workers who earn $10,000 to $25,000 annually, and who have been with the same employer for 20 years, have accumulated less than one year’s annual pay in their accounts. Even in the $75,000 and higher pay category, about one out of four workers comes up short of a year’s pay. Mr. Warshawsky notes that participation in 401(k) plans could increase in the future as employers are encouraged by the Pension Protection Act to automatically enroll employees. Some employers are already taking such steps and have found that with automatic enrollment more than 90% of employees participate in the 401(k) plan. For more on the Watson Wyatt report, visit http://tinyurl.com/2bsopu. For more on ADP Retirement Services offerings, check item #14 on the Reader Service Form; call 1-800-432-401k, Promo Code 454; or visit www.adp401k.com. 2 who might have the skill set I need,” explains Kay Lucas, Senior Director of Product Strategy & Quality Assurance at ADP. “It’s a way for you to mine the talent within your own organization.” The new talent management tools integrate with the performance management module in HR/B, so supervisors can incorporate talent development objectives into an employee’s performance review. HR/B is a full-featured HR and benefits administration system, including employee and manager self-service, recruitment, HR reporting, insurance carrier invoice reconciliation, and more. Because HR/B is Web-based and securely hosted by ADP, there is no software for you to install or maintain. ■ For more on ADP’s HR/Benefits Solution, check item #3 on your Reader Service Form, or visit www.majoraccounts.adp.com/benefits. Payback time: continued from page 1 deductions cannot put that employee below the minimum wage for a 40-hour workweek. And the employee’s overtime earnings may not be included in your calculation. Many states impose additional restrictions, some going as far as to require the nonexempt employee’s consent. ASSOCIATION SPOTLIGHT Payroll profession to be recognized during National Payroll Week, September 3–7 ADP celebrates 11th year as Diamond Sponsor National Payroll Week celebrates the hard work by America's 156 million wage earners and the payroll professionals who pay them. Throughout this week, local chapters of the American Payroll Association (APA) will host presentations to school and civic groups, participate in community Tax reporting of repayments service initiatives, and use local media to Assuming you have authority — or the pass along information to today’s workers employee’s consent — to make repayment and the workers of tomorrow. ADP has deductions, the next question is how to handle been the sole Diamond Sponsor of this the tax reporting. This is easiest when the event since it began. overpayment and repayment occur in the same As in the past, ADP and the APA are calendar year (a powerful reason to catch such collaborating to educate employees about mistakes quickly). Simply subtract the repaid their paychecks. The MyPaycheck Web site amount from the employee’s gross pay. The includes tips and tools for adjusting your relevant tax calculations will be proportionately withholdings and reducing pretax adjusted. income. When employees are overpaid in one ■ At www.MyPaycheck.org, your employees can learn how to increase their take-home pay, save for retirement and college, and more. Encourage your employees to visit www.MyPaycheck.org. For more information about National Payroll Week, visit www.nationalpayrollweek.com. calendar year and pay you back in a subsequent one, they must report the overpayments to the IRS as taxable income. They can then deduct their repayments in the subsequent year’s return. “Because you don’t want to be in the Federal minimum wage increase to have different effect on different states he federal minimum wage increase that took effect on July 24 (to $5.85/hr.) will business of giving tax advice, you should refer T these employees to IRS Publication 525,” Mr. to increase again to $6.55 on July 24, 2008 and to $7.25 on July 24, 2009. Medlock suggests. That publication provides • Seven states will be unaffected until 2008 because their minimum wages are guidance on the handling of deductions. In general, if the repaid amount is less than $3,000, employees can subtract it from their gross income. Larger amounts must be treated as itemized deductions. have different effects in different states. The federal minimum wage is scheduled currently higher than $5.85: Arkansas, Maryland, Minnesota*, Missouri, Montana*, North Carolina, and Wisconsin. • Ten states will be unaffected until 2009 because their minimum wages are currently higher than $6.55: Alaska, Arizona, Colorado, Delaware, Florida, Maine, New Jersey, New York, Ohio*, and Pennsylvania. • Five states have minimum wages that are scheduled to rise to or above federal levels Recovering overpaid Social Security and Medicare taxes Your next challenge is to recover the overpaid Social Security and Medicare taxes. The employee at a faster pace: Illinois, Iowa, Kentucky, Michigan, and West Virginia. • 17 states and Puerto Rico will increase their minimum wage levels because they do not have a state minimum wage law, they are tied to the federal changes, or they have a minimum wage that is lower than the federal wage. They include: Alabama, Georgia*, Idaho, Indiana, Kansas, Louisiana, Mississippi, Nebraska, must authorize you to do this in writing. Have North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, the employee sign a statement that you will be Virginia, and Wyoming. obtaining a refund from the IRS and that he or • Eight states already have minimum wages that are at or above the 2009 federal rate she will not file a claim of their own for the of $7.25 per hour: California, Connecticut, Hawaii, Massachusetts, Oregon, Rhode Social Security and Medicare taxes. Then file Island, Vermont, and Washington. In New Hampshire and New Mexico, the minimum wage will switch back and Forms W-2c and 941c with the IRS. You have a choice of methods for receiving the employer tax refunds. You can deduct the credited amounts from your next tax deposits. Or you can file IRS Form 843, a claim for a refund. “It’s probably safer and cleaner to request the refund,” Mr. Medlock advises. forth between federal and state levels, depending on which is higher. The Nevada minimum wage is lower than the federal level if employers offer health benefits and higher if they don’t. Nevada employers who are subject to FLSA must pay at least the federal minimum wage even if they provide health benefits. In states with minimum wages indexed to inflation, annual adjustments could affect whether the applicable minimum wage is at the federal or state rate. Because federal law covers nearly all employees, you may ensure compliance “There’s less risk of inadvertently triggering an with both federal and state law by always paying the rate most beneficial to the alarm in the IRS’s computer systems.” employee. Every employer, no matter how small, must put up a new minimum wage ■ poster each time the law changes. ■ * Different rules apply to smaller employers not covered by the FLSA. Check with your state’s Department of Labor. Contact your ADP representative to learn more about ADP's Poster Compliance Program. 3 FREE TO READERS OF THE ADP ADVISOR Who is exempt? Nonexempt? Free ADP guide explains FLSA regulations ASK THE ADP ADVISOR Does the higher minimum wage affect the employer tip credit? Q: Will the higher federal minimum wage Payroll managers often assume that salaried employees are exempt from overtime pay regulations. But an employee’s status has little to do with job title and whether the employee is salaried or not. It has much more to do with the employee's level of responsibility and his or her status as a professional. The difference is worth knowing because willful violations of the Fair Labor Standards Act (FLSA) may be prosecuted criminally, with violators fined up to $10,000. A second conviction can result in imprisonment. You might want to conduct an audit of how your workforce is classified and ensure that your company is in compliance. To help you do this, ADP has prepared the handy Guide to FLSA Rules Regarding Exempt/Nonexempt Employees. This convenient overview explains the salary test for executive, administrative, and professional employees. It describes the duties tests for administrative and executive employees, as well as the highly compensated employee test. This guide is available FREE to readers of the ADP Advisor. Simply check item #1 on your Reader Service Form. reduce the credit my service establishment can claim against the Social Security and Medicare taxes we pay on employee tip income? A: This credit is claimed on Form 8846 as part of the general business tax credit and may be used to offset regular income tax liability. It is available to employers in the food and beverage industry who: • Had employees who received tips from customers for providing, delivering, or serving food or beverages for consumption; and • Paid or incurred employer Social Security and Medicare taxes on these tips. Such employers may not claim credit, however, for taxes paid on tips that were used to ADP’s Taxware® automates calculation of sales, use, VAT, and other transaction taxes arbanes-Oxley, state sales tax holidays, certified solutions, carousel fraud. Tax S calculation and compliance have never been so complex. That’s why thousands of companies of all sizes and industries rely on ADP’s Taxware®. ADP’s automated systems assign taxing jurisdictions, calculate taxes on transactions, manage product taxability rules, keep track of exemption certificates, and automate returns and filings. • Taxware Enterprise is a global dashboard for transaction tax calculation and compliance based upon the latest industry standards and technologies. • The Sales and Use Tax Solution is a transaction tax engine for the United States and Canada, relied upon by thousands of companies across North America. • TaxSolver® offers industry-leading forms preparation for the United States, Canada, and the European Union. ■ For more information, check item #41 on your Reader Service Form, visit www.taxware.com, or call 877-TAXWARE (877-829-9273) between 8:00 a.m. and 5 p.m. EST. meet the minimum wage rate of $5.15 per hour. The good news is: the recent minimum wage increase will not affect the calculation of this credit. You must only exclude taxes paid on tips used to reach the old minimum wage of $5.15 per hour. TM IMPORTANT NOTICE: ADP publishes the ADP Advisor free of charge to ADP Advisor its clients. It is accepted with the understanding that the publisher is not engaged in the business of rendering legal or accounting services. If legal, accounting, or other professional assistance is required, the service of an attorney or a certified public accountant should be sought. ■ Misplaced your copy of the ADP Advisor? Want to check a back issue? Visit www.ADP.com/home/advisor For more information about this tax credit, go to www.IRS.gov and search for “IRC 45 B Credit.” See ADP solutions in action! The best way to learn about ADP’s comprehensive solutions is to see and hear about them in person from ADP experts. For the most current trade show information, see the “Industry Events” section at www.resourcecenter.ADP.com. YOUR SUGGESTED TOPICS FOR THE ADP ADVISOR ARE WELCOME Please address your correspondence to: ADP Employer Services, MS #460 • One ADP Boulevard • Roseland, New Jersey 07068 Margit Rademacher, Managing Editor The ADP Logo, ADP Connection, and ADP Resource are registered trademarks of ADP of North America, Inc. ADP Payroll is a service mark of ADP of North America, Inc. The following are registered trademarks of ADP, Inc.: Benefits eXpert, DocuMax, eTIME, Enterprise eTIME, Expense eXpert, ezLaborManager, GlobalView, HR Perspective, HR/Profile, Pay-by-Pay, Pay eXpert, PayForce, TaxSolver, Taxware, TimeSaver, TotalPay, and TotalSource. The following are either trademarks or service marks of ADP, Inc.: ADPCheck, ADP Payroll, Enterprise HR, TotalPay® Card, and Total Tax Plus. ReportSmith is a trademark of Strategic Reporting Systems, Inc. All other trademarks and service marks are the property of their respective owners. 11-245-087 320M Printed in USA © 2007 ADP, Inc. 4 ADPAdvisor TM READER SERVICE FORM PLEASE PRINT Name Title E-mail Address Phone Street Address City ADP Client Code No. of employees at this location FREE from ADP! 1■ Company State Zip No. of employees in your company Banking Services Guide to FLSA Rules Regarding Exempt/Nonexempt Employees — The salary and duties tests for determining who should and should not get overtime pay. To receive more information, simply check your area(s) of interest below: Human Resources 2 ■ ADP’s Pre-employment Services — quick, cost-effective background checks 3 ■ ADP’s HR/Benefits Solution — hosted, full-featured, Web-based HR and benefits administration solution for corporations with 50–999 employees 4 ■ HR/Profile® — a cost-effective solution for basic HR recordkeeping 5 ■ HR Perspective® — full-featured HR information system that integrates with ADP PC/Payroll 6 ■ Enterprise HRSM — combines HR and payroll data with powerful Web-based functionality to enable employee and manager self-service in large corporations 7 ■ ADP’s Portal With Content Management — a turnkey corporate communications Web site, fully hosted and supported by ADP, where employees can access self-service offerings and your company’s news and policies 8 ■ ADP Connection® — integrates ERP HR management systems with ADP solutions Benefits Administration Services 9 ■ Benefits Services — a full range of outsourced benefits administration solutions 10 ■ Benefits eXpert® — benefits administration system with Web-based employee self-service 11 ■ COBRA Services — ADP provides administrative services in connection with continued health coverage for terminated employees 12 ■ ADP’s Flexible Spending Account (FSA) Services — employees use pretax dollars to pay for certain health and daycare expenses 13 ■ Premium Only Plan — fights rising group insurance costs by letting employees pay their share of premiums on a pretax basis 14 ■ Section 125 Compliance — ADP handles the reporting for your pretax plan 15 ■ ADP PayrollSM-integrated 401(k) Plans — we make it easy to offer this popular benefit 16 ■ Executive Deferred Compensation Services — ADP administers your non-qualified executive retirement program Payroll Management 17 ■ Pay eXpert® — ADP’s Internet payroll service lets you access payroll processing from anywhere, anytime, for companies with 50–999 employees 18 ■ ADP’s PayForce® — a flexible, Internet-based payroll software solution for corporations with 1,000 or more employees 19 ■ ADP PC/Payroll — prepare payroll data on your own PC 20 ■ iPayStatements — employees can update their own W-4 information, view and print their own copies of pay statements and W-2 forms 21 ■ Automatic check insertion into window envelopes 22 ■ Automatic laser check signing 23 ■ Customized management reports — ADP generates reports based on your payroll data Business Process Outsourcing 24 ■ TotalSource® — outsource employment administration to a Professional Employer Organization (PEO) 25 ■ ADP Resource® — outsource HR administration without the co-employment relationship of a PEO 26 ■ Comprehensive Outsourcing Services — our BPO solution for larger employers 27 ■ GlobalView® — provides payroll, HR management, and self-service solutions for multinational organizations 28 ■ Full Service Direct Deposit (FSDD) — salary payments go directly to your employees’ bank accounts 29 ■ TotalPay® Card — employee pay is electronically transferred to a stored value card, good at most ATM machines and merchants displaying the Visa® logo 30 ■ ADPCheck™ — ADP signs and stuffs your payroll checks; you reconcile just one debit for net payroll each processing 31 ■ Direct debit of fees — eliminates the need for manual payment of ADP’s fees Reporting Options 32 ■ 33 ■ 34 ■ 35 ■ 36 ■ iReports — secure online access and searching of your payroll and tax reports CheckView — review individual checks or entire pay histories online DocuMax® — payroll reports, W-2s, earnings records, and wage and tax register delivered on CD-ROM ReportSmith™ for ADP PC/Payroll — custom design reports based on your payroll information Data Access — custom reports from Masterfile, year-to-date, and payroll data Print Services 37 ■ Forms W-2 and 1099 — let ADP print these payroll statements for you 38 ■ Laser Print Back — ADP processes your payroll, you print checks and statements at your convenience Tax Filing and Compliance Services 39 ■ Payroll Tax Filing — helps ensure accurate payroll tax filing and deposits for all state, local, and federal jurisdictions 40 ■ Unemployment Compensation Management Services — manages your claims process and helps lower State Unemployment Insurance (SUI) costs 41 ■ Taxware Services — businesses in the United States and around the globe can simplify their tax calculation and compliance with ADP solutions for sales, use, value-added and other consumption taxes 42 ■ Pay-by-Pay® Program for Workers’ Compensation — improves your cash flow by using actual (not estimated) payroll data to calculate Workers’ Compensation insurance premiums 43 ■ ADP’s Tax Credit Services — helps reduce corporate tax liability through tax credits based on employee demographics, geographic location, investment practices, and other incentives 44 ■ Wage Garnishment Service — ADP calculates, deducts, and disburses court-ordered garnishments and tracks changing legislation that can effect compliance 45 ■ New Hire Reporting Service — ensures prompt, accurate filing of all new hire reporting information Accounts Payable 46 ■ Automated Accounts Payable Solution — reduces the cost of invoice and check processing, helps increase working capital and improve SOX compliance Time and Labor Management 47 ■ eTIME® — automated time and labor management system, integrated with ADP Payroll 48 ■ ezLaborManager® — Web-hosted time and labor management solution, integrated with ADP Payroll 49 ■ Enterprise eTIME® — scalable, Web-based time and labor management solution for large companies, integrated with ADP Payroll 50 ■ TimeSaver® — time and labor management solution for the hospitality industry, integrated with ADP Payroll Expense Management 51 ■ Expense eXpert® — automates your travel and expense reimbursement process NOTE: The products and services described in this publication may not be available to all ADP clients in all geographic areas. 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