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Understand what an employer needs to deduct and withhold from an employee's wages in 2018. After calculating gross wages for an employee is accomplished, much more difficult decisions have to be made. What must an employer deduct from an employee's wages? What can be deducted legally? What can never be deducted? These questions and more must be answered correctly before processing that paycheck. And if this is the employee's final check, the rules may change! Handling deductions is a complex task that payroll must get right every time for every payroll check. Failure to deduct the proper taxes could result in penalties on the employer from the IRS, but making an illegal deduction for a fringe benefit or for collecting an overpayment can get the employer a visit from the federal department of labor auditor, the state department of labor auditor or both! Sometimes the federal government will allow the deduction but the state won't. Of course everyone knows that payroll deducts for federal and state taxes. However, how much input does the employee have concerning these deductions?
Many employers require their employees to wear uniforms for work. Can the cost of the uniforms and their upkeep be deducted from an employee's wages? What about cash shortages or breakage? Can you deduct the cost of shortage or breakage from the employee's paycheck under the state or federal laws? Some employers offer meals and lodging as part of the employee's work contract. What can be deducted from the employee's paycheck for employer provided meals and lodging and can this be used as credit against the minimum wage paid? What if an employee is overpaid, can the employer simply deduct the overpayment from future payments or does the employee have to agree to the deduction in writing? Does the federal law differ from the state law in this area and, if it does, which one does the employer have to follow? Many employers advance vacation for their employees to ensure that all employees are rested and working at peak efficiency. But what if the employee takes their vacation in advance and then leaves the company? Can an employer recoup advanced vacation hours from the employee's final check under federal or state laws?
Mark Schwartz is an employment tax specialist and has over 15 years of employment tax experience as an independent consultant and as a payroll tax auditor with the State of California. He has managed an audit caseload of 20 ongoing audits, from small home-based businesses to large multi-national corporations. He is expert at defining regulatory and statutory requirements from local, State and Federal government agencies; and helping the average businessperson understand what that mean to their business. He has processed weekly and bi-weekly payroll checks plus tax forms for businesses with hourly as well as exempt workers, multistate operations and a wide variety of benefits. Mr. Schwartz provides consulting services encompassing payroll processing and payroll tax issues. These include payroll tax minimization, payroll tax compliance reviews, independent contractor studies, use of electronic transfers, deductions, benefits, etc. Markhas represented both clients and the State in front of the State Appeals Board.