The Eleventh Circuit Court of Appeals said that the managers, who were routinely expected to put in shifts totally 60-70 hour per week, were wrongly treated as executive employees exempt from OT.

According to the appeals court, the managers were non-exempt for three main reasons:

1. They spent 80-90% of their time performing non-exempt labor (running cash registers, stocking shelves, etc.)
2. Non-exempt tasks were considered an “essential” part of the managers’ jobs, as opposed to “incidental.”
3. Managers had relatively little freedom. Instead, district managers handled most managerial decisions, such as pricing, choosing inventory, etc.
4. The average manager’s “exempt” salary was barely more than the average assistant manager’s salary.

Cite: Morgan v. Family Dollar Stores, Inc.; 11th Circuit Ct. of Appeals, 12/18/08.

Here are the key points:

QACAs

• Minimum percentage requirements — Plans must have a schedule of automatic contributions pr “qualified percentages” for eligible employees. They start at 3% for the intial period an employee is in the plan (up to two years). Following the intial period, the minimum qualified percentage increases by 1% point each year, for three years. The qualified percentage can never exceed 10% of an employee’s compensation.
• Uniformity requirement — The qualified percentage has to be applied to all eligible employees.
• Default and/or Affirmative elections — Default elections no longer apply to employees if they make an affirmative election to either not have contributions made or to make contributions at another percentage.

EACAs

• Withdrawal elections — Elections to withdraw contributions made under an EACA must be made within 90 days of the first elective contribution an employee makes.
• Non-universal eligible automatic contribution arrangements — Under an EACA, automatic enrollment doesn’t have to apply to all employees. It can apply only to those employees designated as covered by the company’s specific EACA.

You can download the regulations in their entirety and get all the nitty-gritty details here.

Now, IRS will continue to go after unpaid taxes using internal resources: It plans to hire approximately 1,000 new collection agents this year.

Bear in mind: Private letter rulings (PLRs) only apply to the companies seeking them. But they do give you an idea of how IRS looks at certain issues.

In this case, employees sued the company for unpaid leave and vacation time. As part of the settlement, the court ordered the company to pay attorney’s fees for the employees in the suit. According to the PLR, the awarding of attorney’s fees is essentially a reimbursement of an expense. Therefore, it’s not subject to taxes or reporting.

You can the download the PLR here to see all the details.

If IRS finds problems/misinformation is common enough, you can expect increased audits and enforcement in this area.

It might be worth revising your company’s travel policy to clarify some common areas of confusion for trips like these, including:

• Which days’ hotel charges are considered reimbursable.
• How to handle any shared expenses when a traveler’s spouse or friend takes part on the trip (Example, a shared meal).
• Whether costs that are spread over the business and personal parts of the trip will be reimbursed proportionally. (Example: If a rental car is used for five days, but only three of those days are business related.)

And as usual, you’ll want to remind travelers to be extra vigilant about documenting the “why, when and where” of their expenses. Later on, if an auditor realizes that a trip was partly business/partly personal, they’re likely to look a lot more closely at those expenses.

IRS has warned its going to start doing random employment tax audits in 2010. It’s aim: To find out exactly how much tax revenue the feds are losing due to employees being misclassified as independent contractors (ICs).

IC classification has always been a gray area — which is why many companies have relied on making an educated guess and then knocking on wood. Without any other red flags, many potentially misclassified employees (and their employers) have flown under the radar.

Random audits could be done at any company — there’s no way to minimize your risk of getting flagged.

What you can do: Go through your hiring procedures now and review the work done by ICs. The first random audits won’t be done until around April 2010, so there’s still time to address any questionable classifications you have on your books.

To claim the credit, you’ll need the proper documentation:

• Proof you received the employee’s share of the premium (35%)
• A declaration that the former employee was “involuntarily terminated,” and
• For insured plans, a copy of the invoice or similar statement from the insurance carrier, as well as proof the premium was paid on time.

You can claim your credit on Form 941, starting with the first quarter of ’09.

IRS has also released a new FAQ page for employers who need more details on the new procedure. If employees (or former employees) have questions about their rights and responsibilities, you can refer them to this page, which has several links to even more info.

• New withholding rates. The “Making Work Pay” tax credit will most likely be implemented by having Payroll make two withholding adjustments: one in June of this year, and another at the start of Jan. 2010. (The maximum credit each year is $400 for singles. Because the ’09 credit is effective mid-year, the weekly withholding will have to be re-adjusted in 2010.)
• COBRA coverage/reporting. Employees who are terminated between Sept. 1, 2008 and Dec. 31, 2009 are eligible for lower premiums on their COBRA coverage, starting Feb. 17, 2009. Eligible employees will now pay 35% of the premium. The rest will be paid by the employer — but you can recover the subsidy through a credit on your payroll tax deposits. (Note: The subsidy applies only to former employees whose income is less than $125,000 a year; or family income of under $250,000 a year.)
  That creates a few tasks for Accounting and Benefits pros: You’ll need to contact eligible former employees who rejected COBRA to let them know they are eligible at the new lower rate. You’ll also need to get up to speed on the reporting fast, since the first round is due for 1Q ’09.
• Monitoring COBRA reimbursements from the feds. Related to the point above, if your COBRA premium subsidy is more than your tax deposit, you’ll have to request — and wait for — reimbursement from the feds. So far, there’s no word on how quickly that will be processed.
• Transportation fringe benefits. The new monthly limit on benefits for transit passes and vanpools has been increased to $230 per month, the same as for qualified parking. It’s in effect from March 2009 through December 2010.

In addition to these changes, you can expect employees will be confused about what they’re eligible for, what forms they have to fill out, etc. Be prepared for a slew of e-mails and phone calls. In particular, you may have many more employees who want to update their W-4s due to new tax credits that were tucked into the non-business portions of the law.

Consider putting together a resource you can hand out to answer the questions you’re more likely to hear. Even an e-mail with some links to IRS information releases can go a long way toward reducing how many times your phone rings over the next few weeks.

You can see the entire text of ARRA here.

Reason: President Obama and many other leaders are promising to reform financial regulations as well as increase oversight of banks. That type of work is going to require the skills you and your peers possess.

Even in the private sector, companies are likely to put a renewed emphasis on keeping their own financial houses in good order, which could lead to another swell in help-wanted signs for Accounting pros — just like after Sarbanes-Oxley.

Who stands to benefit the most? Folks who have compliance-specific experience.