Paying the Employee Payroll Source Review Course Fall 2016 Presented by: Carmela Miller, CPP

Chapter Objectives Pay Frequency Payment on Termination Payment Methods – Cash or Check – Direct Deposit – Electronic Paycards Branded vs. Non-Branded

Objectives cont. Pay Statements Unclaimed Paychecks (Escheatment) Wages owed to deceased Employees Extra Pay Periods (53 rd pay period in a year) Review Questions

Certification is based on Federal not State Laws Content of Chapter 5 is a great resource for State Regulations on Employee Payment. Always check for Updates on States State Reference Charts State by State Pay Frequency pg. 5-2 State by State Payment upon Termination (Another good source for this is the APA book on States) pg. 5-6 State by State rules on Direct Deposit (this could always change) pg Paycard State Compliance issues, Pay Stub Information pg and pg Escheatment pg State by State wages to deceased employees pg. 5-32

Chapter 5- Paying the Employee Payroll Frequency & Payment on Termination

5.1 Pay Frequency States Regulate how often employees must be paid. Table 5.1 gives us a quick look at state rules – Another great source is the State Book by APA

Minimum Pay Frequency Required Alabama – No general provision California –Semimonthly; monthly for FLSA exempt employees; weekly for temporary service employees; daily if employee is assigned on a day-to-day basis. District of Columbia –Semimonthly; monthly for FLSA-exempt employees. Florida – No Provision Illinois – Semimonthly; monthly for FLSA- exempt employees; union contract can provide different intervals.

Min. Pay Freq. Cont. Indiana – Semimonthly or biweekly; less frequently for FLSA-exempt employees Kentucky – Semimonthly; less frequently for FLSA-exempt employees. Michigan – Semimonthly; monthly OK if wages paid by the 1 st of next month; weekly or biweekly OK if paydays regularly scheduled. Wisconsin – Monthly; union contract may differ/

Lag Time Before Pay Arizona – 5 days after end of pay period; 10 days if playroll system is out of state; 16 days for overtime or exception pay. Colorado – 10 days after end of pay period. Georgia – No provision Indiana – 10 business days after end of pay period. Illinois – Semimonthly or biweekly—13 days; weekly – 7 days; monthly – 21 days; daily – 1 day.

Lag Time Before Pay cont. Michigan – Wages earned from the 1 st -15 th, pay by 1 st of next month; 16 th – end of the month, pay by 15 th of next month; 14 days after end of pay period for weekly & biweekly. Oklahoma – 11 days after end of pay period. Pennsylvannia – 15 days after end of pay period. Wisconsin – 31 days after end of pay period.

5.2 Termination Pay Different rules for Voluntary & Involuntary Many states require Immediate Pay for Involuntary Terminations – California within 72 hours – Hawaii Next working day – Illinois Immediately if possible; if not, by next regular pay day – Massachusetts---Immediately – Michigan Immediately – Minnesota –------Immediately or within 24hrs of demand – Nevada Immediately – Oregon By the end of the 1 st Business Day after Discharge – Utah hours – Vermont hours – West Virginia hours

Chapter 5 – Paying the Employee Payment Methods

Cash Check Direct Deposit (EFT- Electronic Funds Transfer) Paycards

Payment Methods Direct Deposit (EFT) State Controlled Safe and secure means of payment Alleviates lost or stolen checks Minimizes Unclaimed wages (Escheatment) Storage of Documents Employee time allotment for tendering payment PRENOTIFICATION ODFI, NACHA, RDFI, ACH Regulated by Federal Reserve Board, Consumer Credit Protection Act and EFT Act When initiating a International ACH Transaction (IAT) add coding to the transaction to identify it as an IAT. Direct Deposit cannot be made mandatory as part of a hiring process –must provide choice of financial institutions and check as an option.

ODFI, RDFI, NACHA, ACH ODFI – Originating Depository Financial Institution – This file contains, the employee wages, their account number and their financial institution. ACH – Automated Clearing House – This is the process that receives the ODFI and coordinates the financial settlement between the participating financial institutions. NACHA – National Automated Clearing House Association – This provides the rules that the ACH must follow – Office of Foreign Assets Control is an agency made it necessary for NACHA to adopt rules creating special requirements for IAT (International ACH Transactions) RDFI - Receiving Depository Financial Institution This is the employees bank, savings &loan or credit union See Chart on page 5-11 Table 5.3

Going Green?? Can direct deposit totally eliminate the paper and go Green? – Authorization agreements must be signed, Unless you have it set up for electronic authorizations – Authorizations must be retained for a certain pay period – Employees must still be provided a paper pay stub depending on state requirements See Table 5-4 on page 5-14 for State by State Rules

Cash or Check ??? Generally all 50 states allow payments by cash or check without additional law or regulations regarding this payment option. – Ease of tendering the negotiable payments by: Financial Institutions must be convenient/or even located in state of company’s operations No additional fees are imposed for tendering the payment option(unless it is a check and the employee does not have a checking account) – Security Signatures required Internal Audit and need checks and balances Be mindful of the impact that a voided or manual check issuance causes to other departments process GL, Taxes, Benefits

Direct Deposit (EFT) Advantages: Immediate availability of funds on Payday No Bank Interaction No Delay in constructive receipt of pay No Lost/Stolen Checks Reduction of Paper Flow Cost Effective Ease of Reconciliation Reduction of Escheatment

Direct Deposit Disadvantages: No Bank Account Comfort Level in Payment Incorrect Pay Employee changes accounts without telling Payroll Not truly “Green” Loss of Float Additional Processing Fees Challenges for stopping payment/reversals

Direct Deposits Late Direct Deposits: Troubleshooting Funds must be posted by 9:00 am on pay date Verify Routing and Account Numbers Prenote? RDFI posting schedule Federal Holiday Impact on processing Additional resources can be found in communications with the ODFI for internal challenges. Regardless of delay – funds should be honored without penalty to employee. Based on voucher verification. Employers must keep the authorization agreement for at least 2 yrs after revocation,

Full Payroll Reversals vs. Single entry reversals Regardless these requirements are mandatory Amount of reversal must match the amount of the credit Must be reversed within 5 days of settlement date No employee authorization is necessary

Chapter 5 – Paying the Employee Pay Cards

Paycards Paycards are similar to debit cards Prefunded, host based cards providing employees access to their net pay via bank, ATM (Automatic Teller Machine) or POS( Point of Sale) purchase. Paycards are similar to direct deposit Funding process for the employer is same as for direct deposit Process subject to the same NACHA regulations.

Paycards cont. New way to pay employees Many variable options in the plans Many competitors trying for business – ensure reputability Verify with legal for implications from plan Cardholder security Employee age (18 yrs)and turnover consideration Understand the difference between branded vs. non-branded

Paycards Branded vs. Non-Branded Branded: Visa MC Discover Employee Signature only, easily used if stolen ATM – PIN Personalized Parental Approval < 18 yrs old

Paycards Branded vs. Non-Branded Non-Branded Network Logo PIN required for ALL transactions, Stolen card only needs pin to purchase Most reliable – Safer Host computer authorizes funds are there

Paycards Employee & Employer Benefits Employee: Reduced costs Increased independence Improved credit status (not true with all cards) Financial Safety Ease of use Replenishment if lost No time or geographical limitations Pg for state compliance

Paycards Employee & Employer Benefits Employer: Reduced Costs Enhanced efficiency All employees eligible Increases employee productivity time Escheatment reduction

Paycard Implementation Financial Institution agreement and offering Anticipation program for employees Establish a funding pool with a bank Institution establishes employee account cards, names Funding by wire or ACH Adjustments are done via web application Issues: Communications regarding the change Implementation Team with members from all affected departments – HR, Payroll, Operations, Training and Finance. Marketing Campaign promoting paycards. Vendors may be able to help with this. Enroll Employees Make sure you have trained employee’s to answer questions. Table 5.5 shows each state requirement for pay statements. Pg Reversals: Based on card policy-talking points when researching vendor Bank notification for reversal and refunding Blank checks available for employees to use Check to see if they do credit checks on employees

Pay Cards A payroll card is subject to Regulation E whether the account is operated or managed by the employer, a third-party payroll processor, or a depository institution. Payroll card account represents the means by which an employer regularly pays the employee’s salary or other form of compensation. Cannot use Health Expense Cards that are used solely for health-related expenses are not covered by Regulation E. Dual Function card accounts are okay to use because the funds come from a “corporate expense funds” which is not a payroll account used primarily for personal, family or household purposes.

Pay Statements Each State determines what information must be included on an employee’s pay stub. Table 5.5 on pg lists the states and the required information for pay stubs. Both New York and California enacted legislations to help prevent underpayment of wages and overtime pay by employers. The information required on notices to new hires and whenever information changes. – Employee’s rate(s) of pay – Employee’s overtime rate of pay – Basis of wage payment (hourly, weekly, piece rate, commission, etc.) – Allowances that are part of minimum wage, including tip, meal, and lodging allowanes. – Regular payday – Employer’s name and any doing business as names – Physical address of employer’s mailing address – Employer’s telephone number

Escheatment Escheatment is the unclaimed wages (form of abandoned property) process governed by State Laws State regulated (See table 5.6) pg Length of time payment held (generally 1 yr) – New York/Oregon – 3 yrs – North Dakota/Pennsylvania – 2 yrs. Notification process Wage turnover process Best practice is to utilize direct deposit and paycards as wage payment methods.

Wages Owed to Deceased Employees Payments, Payee and Taxation are based on when the employee passes. (See Table 5.7) Federal Regulates Taxation State Laws Regulates the payee and payment amount in accordance with the current situation. Illinois: Maximum Payable: All unpaid wages To Whom: Person owed for funeral expenses, spouse or child. Allowed Conditions to Pay: Small estate affidavit: estate not over $15,000

Extra Pay Days Each year we have extra pay days caused by the calendar. Years affected with the 53 rd pay period. 2012, 2013, 2014 (Wednesday),2015, 2016 Payroll must anticipate and plan for proper processing and compliance. – Holidays – Weekend pay date Salaried employees can be adjusted. Most employers don’t bother Hourly employees must be paid all wages. No different Best practice is to maintain pay structure and schedule without deviation…Keep good relations with employees. Verify contracts if applicable.

Review Questions 1.What laws govern how often employers must pay employees? 2.Who governs the treatment of Escheat laws? 3. What is a branded pay card?

Review Cont. True or False 1.The Fair Labor Standards Act regulates how often employees must be paid by their employer or how soon they must be paid after performing services. 2.Direct Deposit is one area where the federal and state governments share regulatory responsibility. 3.All States regulate the payment of wages owed to deceased employees. 4.A bi-weekly salary is paid twice a month, usually the 15 th and last day of the month. 5.If 250 employees consent to direct deposit, then all employees must comply.

Review Cont. Multiple Choices: 1.The employer prepares a automated file of direct deposit records that indicates where its employee’s pay is to be deposited. What is the name of the financial institution where this file is then sent? a)Automated Clearing House b)Originating Depository Financial Institution c)NACHA d)Receiving Depository Financial Institution

Review Cont. 2. How many years must an employee keep the authorization agreement for direct deposit after revocation by the employee? a)At least two years b)At least one year c)There is no retention requirement d)At least three years

Review Cont. 3. What are “escheat” laws? a)Federal laws governing the treatment of unclaimed wages as abandoned property. b)State laws governing the treatment of unclaimed wages as abandoned property. c)State laws protecting employees from their employer d)State laws outlining the frequency with which employees are paid.

Review Cont. 4. Once an employee has given authorization for EFT and the employer creates electronic pay transactions for deposit, where does the employer send them? a)ACH b)RDFI c)ODFI d)NACHA

Review Cont. 5.Under the EFT system, what participating party receives the individual transactions and posts them to the customers’/employees’ accounts? a)ODFI b)ACH c)RDFI d)NACHA

Review Cont. 6. Which of the following laws and regulations does not regulate EFT? a)Federal Reserve Board Regulation E b)Title IX of the Consumer Credit Protection Act c)Fair Labor Standards Act d)Electronic Fund Transfer Act

Review Cont. 7. Which of the following agencies made it necessary for NACHA to adopt rules creating special requirements for International ACH Transactions? a)Internal Revenue Service b)Federal Reserve Board c)Department of State d)Office of Foreign Assets Control

Review Cont. 8.Which of the following participants in the direct deposit process distributes EFT payments to the receiving financial institutions? a)ODFI b)ACH c)RDFI d)FRB

Review Cont. 9. Which of the following is not an employee benefit of using paycards to pay employee wages? a)Eliminating check cashing fees b)Increased risk of paycheck theft c)Protection from loss because paycard can be replaced d)No time or geographic limitations on funds access

Review Cont. 10.If an employer uses pre-notification to test the employee’s banking information before initiating direct deposit, how long before any actual pay is sent through the ACH network must be pre-notification be sent? a)6 Banking Days b)2 weeks c)3 Banking Days d)6 Calendar Days

Paying the Employees Questions Comments Read the chapter, do the quizzes, know the difference between ACH, ODFI, RDFI, NACHA and IAT Read Questions twice, know what they are asking!