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The government can mandate the garnishment of an employee s wages in order to pay back the overdue portion of an outstanding student loan Garnishment orders can be issued by either the Department of Education or a state guarantee agency, depending upon who is guaranteeing the loan Upon receipt of the order, the employer must give an employee 30 days notice prior to making deductions from his or her wages An employee cannot be fired from work because of the garnishment order and an employer who does so is liable for the employee s lost wages Also, if an employer neglects to withhold the authorized garnishment amount, it is liable for the amount that was not withheld
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If an employer has entered into a collective bargaining agreement with a union, it is generally required to deduct union dues from employee wages, as per the terms of the agreement, and forward them to the union It can stop doing this as of the date when the collective bargaining agreement terminates The requirement to make this deduction will vary by agreement and may in some cases not be required at all, with the union instead obtaining dues directly from its members
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Payroll Deductions / 123
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Timing of Payroll Deductions
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When an employer has multiple pay periods in a month, it has the choice of making payroll deductions all in one pay period or of spreading them equally throughout the month The preferred approach is to spread them throughout the month By doing so, employees do not suffer a significant decline in their take-home pay for one of their paychecks Also, by setting up deductions to occur in the same amounts in all pay periods, the payroll staff does not have to constantly delete deductions from the payroll system and then reenter them for one payroll per month Instead, the deductions stay in the payroll database as active deductions for all pay periods, which requires much less maintenance
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Summary
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A key item to remember for all of the voluntary deductions discussed in this chapter is that an employee s written approval must be obtained for all of them, so there is no subsequent issue with employees claiming that they never authorized a deduction, possibly resulting in the company not being compensated for an expenditure (such as medical insurance) that it has already made on behalf of the employee For this reason, one should not use the approach of automatically signing up employees for various benefits and having them only decline the benefit in writing, since employees can state that they were never properly informed of the nature of the benefit
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Introduction
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Calculating and remitting a variety of payroll taxes is a function central to the payroll department In this chapter,* we will cover the purpose and instructions for filling out several tax-related IRS forms as well as the calculation methodologies and remittance instructions for federal and state income taxes, Medicare taxes, and Social Security taxes The discussion also includes how to register with the federal government to remit taxes and specialized issues related to the withholding of payroll taxes for aliens or employees working abroad
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The Definition of an Employee
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The definition of an employee is extremely important to a business since it directly impacts whether or not taxes are to be withheld from a person s pay, which also must be matched in some cases by the business The basic rule is that a person doing work for a company is an employee if the employer not only controls the person s work output but also the manner in which the work is performed The second part of the definition is crucial, since the first part essentially defines a contractor, who can choose to create a deliverable for a company in any manner he or she chooses This definition results in the following two classes of workers: Employee An employee is paid through the payroll system; the employing business is responsible for withholding taxes and paying matching tax amounts where applicable Contractor A contractor is paid through the accounts payable system; the business that uses its services is only responsible for issuing a Form 1099 to the contractor at the end of the calendar year to both the IRS and contractor, stat*
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This chapter is derived with permission from 7 of Bragg, Essentials of Payroll (Hoboken, NJ: John Wiley & Sons, 2003) 125
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