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	<title>FinanceRegs.com &#187; Employees</title>
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		<title>FLSA penalties add up for couple who kept slaves</title>
		<link>http://www.financeregs.com/flsa-penalties-add-up-for-couple-who-kept-slaves/</link>
		<comments>http://www.financeregs.com/flsa-penalties-add-up-for-couple-who-kept-slaves/#comments</comments>
		<pubDate>Tue, 27 Jan 2009 11:00:00 +0000</pubDate>
		<dc:creator>Carol Katarsky</dc:creator>
				<category><![CDATA[Best practices]]></category>
		<category><![CDATA[DOL]]></category>
		<category><![CDATA[Hiring & training staff]]></category>
		<category><![CDATA[In this week's e-newsletter]]></category>
		<category><![CDATA[IRS regs]]></category>
		<category><![CDATA[Latest news & views]]></category>
		<category><![CDATA[OT regs]]></category>
		<category><![CDATA[Tax compliance]]></category>
		<category><![CDATA[Employees]]></category>
		<category><![CDATA[FLSA]]></category>
		<category><![CDATA[Overtime]]></category>
		<category><![CDATA[Payroll]]></category>

		<guid isPermaLink="false">http://www.financeregs.com/?p=673</guid>
		<description><![CDATA[It&#8217;s an extreme case, but it has lessons for every company: Not meeting your employer obligations can cost you big time. A New York couple, Varsha and Mahender Sabhnani, were ordered to pay more than $936k to two women &#8220;employed&#8221; as domestic workers. The Sabhnanis were also sentenced to 132 months and 40 months in [...]]]></description>
			<content:encoded><![CDATA[<p>It&#8217;s an extreme case, but it has lessons for every company: Not meeting your employer obligations can cost you big time. <span id="more-673"></span>A New York couple, Varsha and Mahender Sabhnani, were ordered to pay more than $936k to two women &#8220;employed&#8221; as domestic workers. The Sabhnanis were also sentenced to 132 months and 40 months in jail respectively.</p>
<p>Their crimes, according to a U.S. District Court include forced labor, harboring aliens and peonage. But the bulk of the fine comes from their failure to pay the appropriate minimum wages, overtime pay and other violations of the FLSA.</p>
<p>Domestic employees are treated somewhat differently than others when it comes to overtime rules, but these rules didn&#8217;t apply in the Sabhnanis&#8217; case. The court ruled the two women &#8220;workers&#8221; didn&#8217;t qualify for the exemptions because of their treatment in the house: They were beaten, had no private quarters and generally slept on the floor.</p>
<p>Granted, no one would defend that kind of treatment of workers. But it&#8217;s worth pointing out that as bad as the treatment the Sabhnanis dished out to their workers was &#8212; what really cost them was the lack of attention to basic employment law.</p>
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		<title>Congress takes aim at how you make payments</title>
		<link>http://www.financeregs.com/congress-takes-aim-at-how-you-make-payments/</link>
		<comments>http://www.financeregs.com/congress-takes-aim-at-how-you-make-payments/#comments</comments>
		<pubDate>Wed, 02 Jul 2008 10:00:54 +0000</pubDate>
		<dc:creator>Carol Katarsky</dc:creator>
				<category><![CDATA[1099s]]></category>
		<category><![CDATA[Best practices]]></category>
		<category><![CDATA[Communication]]></category>
		<category><![CDATA[Hiring & training staff]]></category>
		<category><![CDATA[In this week's e-newsletter]]></category>
		<category><![CDATA[Internal controls]]></category>
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		<category><![CDATA[Latest news & views]]></category>
		<category><![CDATA[Tax compliance]]></category>
		<category><![CDATA[Employees]]></category>
		<category><![CDATA[Independent contractors]]></category>
		<category><![CDATA[IRS]]></category>
		<category><![CDATA[W-2s]]></category>

		<guid isPermaLink="false">http://www.financeregs.com/?p=102</guid>
		<description><![CDATA[Do any of your payments to independent contractors qualify as a &#8220;prohibited act?&#8221; A bill (H.R. 6111) has been introduced in Congress that would make misclassification of employees as independent contractors (ICs) a “prohibited act” and increase the penalties your company faces for doing so. If the bill becomes law and IRS discovers you’ve misclassified [...]]]></description>
			<content:encoded><![CDATA[<p>Do any of your payments to independent contractors qualify as a &#8220;prohibited act?&#8221; <span id="more-102"></span>A bill (H.R. 6111) has been introduced in Congress that would make misclassification of employees as independent contractors (ICs) a “prohibited act” and increase the penalties your company faces for doing so.</p>
<p>If the bill becomes law and IRS discovers you’ve misclassified someone, your company might have to pay damages to the employee (for missed benefits) and fines of up to $10,000.</p>
<p>With an estimated 10 million misclassified ICs out there, it’s not unthinkable that you have one or two on your books, especially if you work in certain industries, like construction, that are known to have chronic problems with classification.</p>
<p>To make sure your company’s not at risk, you might want to review the differences between ICs and employees with hiring managers. Key: Be sure they understand there are real penalties for confusing the two. This isn&#8217;t just about Accounting wanting to follow some esoteric procedure.</p>
<p>If your company has a lot of ICs who are former employees, or workers who have temporary or part-time schedules, consider reviewing their files too. Automatically classifying temps and former employees as ICs is a common mistake – if your company has done it, you’ll want to make the corrections sooner rather than later.</p>
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