Vision Payroll

Effective November 4, 2010, employers in Massachusetts are prohibited from asking about criminal history on most job applications. In some limited situations, employers will still be able to ask about criminal history on job applications.

Situations in Which Employer May Inquire About Criminal Convictions on Initial Applications

According to the new law, “[a]n employer may inquire about any criminal convictions on an applicant’s application form if:

(i) The applicant is applying for a position for which any federal or state law or regulation creates mandatory or presumptive disqualification based on a conviction for 1 or more types of criminal offenses; or

(ii) The employer or an affiliate of such employer is subject to an obligation imposed by any federal or state law or regulation not to employ persons, in either 1 or more positions, who have been convicted of 1 or more types of criminal offenses.”

Employers May Inquire Later in Application Process

The law does not prevent criminal history after the initial application either in an interview or on a subsequent form. Other existing laws, however, limit the types of questions employers may ask.

More Provisions of the Law to Take Effect in 2012

Changes to the information in the Massachusetts Criminal Offender Record Information (CORI) reports, as well as provisions relating to notices that must be provided to certain applicants and policies that must be maintained by certain employers take effect February 6, 2012.

Employers Must Revamp Their Hiring Policies and Procedures

Vision Payroll strongly recommends that employers consult with a qualified labor law attorney to make necessary changes to employment applications and forms and to receive advice as to how to make the necessary changes to their hiring policies and procedures.

The Vermont Department of Labor announced recently that pursuant to Title 21 of the Vermont Statutes, Annotated §384, the minimum wage for the state of Vermont will increase from $8.06 to $8.15 per hour effective January 1, 2011. The law requires an adjustment to the minimum wage be calculated each year.

Adjustment Is Tied to Changes in CPI

The adjustment is tied to the change in the federal Consumer Price Index, US city average, not seasonally adjusted (CPI-U) for the 12 months ending in August and cannot increase more than five percent per year. The 1.1% increase in the CPI-U will result in an increase of $0.09 for 2011.

Find Out the Minimum Wage for All States by Visiting the Vision Payroll Minimum Wage Chart Page

Contact Vision Payroll if you have any questions on the Vermont minimum wage increase or visit our Minimum Wage Chart.

Thursday, November 25, 2010 will be Thanksgiving Day, a federal holiday. The offices of Vision Payroll will close Thanksgiving Eve, November 24 at 3 pm EST and re-open Friday November 26. Most banks will also be closed in observance of the holiday. Payroll changes and hours must be submitted before the processing deadlines as listed below.

Date Paid	Process Deadline
11/24/2010	11/22/2010
11/25/2010	11/22/2010
11/26/2010	11/23/2010
11/29/2010	11/24/2010
11/30/2010	11/26/2010

Payroll Dates May be Affected by Thanksgiving Day

Payrolls dated November 25 will be paid November 24 unless a previous change in schedule has been submitted.

Christmas Day Is Next Federal Holiday

There will be no UPS ground delivery on November 25 or November 26, so we strongly recommend submitting payrolls during this time as early as practicable. The next federal holiday will be December 25, 2010, Christmas Day. Contact Vision Payroll as soon as possible to make changes to or for questions on your processing schedule.

The Wisconsin Department of Workforce Development has announced an increase in the taxable wage base for 2011. The wage base will increase from $12,000 for 2010 to $13,000 for 2011. Under Wisconsin Statute 108.18, rates for 2011 will be determined under Schedule A.

Schedule A Results in Highest Level of Employer Rates for 2011

Rates range from a low of 0.27% to a high of 9.80%, including solvency rates that range from a low of 0.20% to a high of 1.90%.

New Employer Rates Remain Unchanged

The new employer rates remain unchanged for 2011 and are as follows:

Employer Type	Rate
Construction	6.60%
Non-Construction Under $500,000	3.60%
Non-Construction $500,000 or More	4.10%

Find Out the Wage Base for All States by Visiting the Vision Payroll Unemployment Taxable Wage Base Page

Contact Vision Payroll if you have any questions on the Wisconsin unemployment taxable wage base or visit our Unemployment Taxable Wage Base page.

Nonfarm payroll employment increased by 151,000 in October, and the unemployment rate was unchanged at 9.6%, the US Bureau of Labor Statistics reported recently. Since December 2009, nonfarm payroll employment has risen by 874,000.

The number of unemployed persons, at 14.8 million, was little changed in October. The unemployment rate remained at 9.6% and has been essentially unchanged since May.

Among the major worker groups, the unemployment rate for adult men (9.7%), adult women (8.1%), teenagers (27.1%), whites (8.8%), blacks (15.7%), and Hispanics (12.6%) showed little change in October. The jobless rate for Asians was 7.1%, not seasonally adjusted.

The number of long-term unemployed (those jobless for 27 weeks and over) was about unchanged over the month at 6.2 million. In October, 41.8% of unemployed persons had been jobless for 27 weeks or more.

Both the civilian labor force participation rate, at 64.5%, and the employment-population ratio, at 58.3%, edged down over the month.

The number of persons employed part time for economic reasons (sometimes referred to as involuntary part-time workers) fell by 318,000 over the month to 9.2 million, partially offsetting large increases in the prior 2 months. These individuals were working part time because their hours had been cut back or because they were unable to find a full-time job.

About 2.6 million persons were marginally attached to the labor force in October, up from 2.4 million a year earlier. (The data are not seasonally adjusted.) These individuals were not in the labor force, wanted and were available for work, and had looked for a job sometime in the prior 12 months. They were not counted as unemployed because they had not searched for work in the 4 weeks preceding the survey.

Among the marginally attached, there were 1.2 million discouraged workers in October, an increase of 411,000 from a year earlier. (The data are not seasonally adjusted.) Discouraged workers are persons not currently looking for work because they believe no jobs are available for them. The remaining 1.4 million persons marginally attached to the labor force had not searched for work in the 4 weeks preceding the survey for reasons such as school attendance or family responsibilities.

This week’s question comes from Meg, an HR manager. We have a third shift that works from 11 pm to 7 am the following day. Some of the workers will work this Saturday night into Sunday. How many hours do we need to pay for work on the third shift this Saturday night? Answer: Since Daylight Saving Time ends in most parts of the country at 2 am, Sunday, November 7, 2010, many workers on a third shift will work nine hours. At 2 am on that day, clocks are turned back to 1 am. Clocks will remain on standard time until the switch to Daylight Saving Time on March 13, 2011.

FLSA Requires Payment for Extra Hour

The Fair Labor Standards Act (FLSA) requires employers to pay employees for the extra hour worked. Some employees may be entitled to overtime if they work forty-one hours in the pay period instead of the usual forty. Under the FLSA, non-exempt employees are generally entitled to time and one-half pay for any overtime worked.

Switch to Standard Time Complicates Payroll Calculations

Contact Vision Payroll if you have any further questions on the switch to Standard Time.

According to the US Department of Labor, in the week ending October 30, the advance figure for seasonally adjusted initial claims was 457,000, an increase of 20,000 from the previous week’s revised figure of 437,000. The 4-week moving average was 456,000, an increase of 2,000 from the previous week’s revised average of 454,000.

Advance Seasonally Adjusted Insured Unemployment Rate Decreases

The advance seasonally adjusted insured unemployment rate was 3.4% for the week ending October 23, a decrease of 0.1 percentage points from the prior week’s unrevised rate of 3.5%.

Advance Seasonally Adjusted Insured Unemployment Decreases

The advance number for seasonally adjusted insured unemployment during the week ending October 23 was 4,340,000, a decrease of 42,000 from the preceding week’s revised level of 4,382,000. The 4-week moving average was 4,410,750, a decrease of 42,750 from the preceding week’s revised average of 4,453,500.

Technological advances have evolved to help employers enhance their operations, become more cost-efficient, and become more engaged with their workers. If you employ a remote workforce, technology is often crucial to bridging any communication lag.

Accessible Communications Solutions to Consider

Accessible communications solutions include the following:

• E-mail
• Instant Messaging
• Tele-conferencing
• Video-conferencing
• Web-conferencing

Residual Benefits from Accessible Communications Solutions

Many businesses have found a variety of residual benefits upon effectively leveraging such technologies. These benefits include cost savings, added flexibility, and expanded client reach.

Find Out More About Technologies to Improve Remote Workforce Communications Now

For more information, be sure to read the featured article by the HR pros at MyHRSupportCenter, Technologies to Improve Remote Workforce Communications. If you’re not yet signed up or would like a free trial of MyHRSupportCenter, contact Vision Payroll today.

In IR-2010-108, the Internal Revenue Service (IRS) announced the 2011 compensation limitation for Simplified Employee Pension (SEP) plans. Under §408(k)(2) of the Internal Revenue Code of 1986, SEP contributions are generally required for any employee of an employer with a SEP plan who has attained age 21, has performed service for the employer during at least three of the immediately preceding five years, and received at least a certain level of “compensation” from the employer for the year.

2011 Compensation Limits Remains Unchanged

For 2011, the compensation limit will remain at $550.

Contact Vision Payroll for More Information on 2011 SEP Plan Changes

Contact Vision Payroll if you have questions on changes to the 2011 SEP Compensation Limitation or visit our Important Facts and Figures page for further information.

In IR-2010-108, the Internal Revenue Service (IRS) announced cost-of-living adjustments to the limits on SIMPLE plan contributions for 2011. The limitation for SIMPLE plans is codified in §408(p)(2)(E) of the Internal Revenue Code of 1986 (IRC). This section also requires annual adjustments as necessary to keep pace with inflation in a manner similar to that required by IRC §415 for retirement plans.

2011 Contribution Limits Remains Unchanged

Because the cost-of-living index in 2010 is lower than it was in 2008, there will be no increases to the amounts. For 2011, the SIMPLE plan regular limitation remains at $11,500. The age 50 and over catch-up contribution remains at $2,500 for individuals who plan to reach age 50 before the end of 2011.

Contact Vision Payroll for More Information on 2011 SIMPLE Plan Changes

Contact Vision Payroll if you have questions on the SIMPLE plan contribution limits or get further information at Important Facts and Figures.