COVID-19 Update September 1, 2020

Another day, another article about the uncertainty of Trump’s memorandum regarding employee tax deferral. We are adamant that until the government puts in writing who is responsible for the tax liability if the employee leaves your employ after deferring the taxes, that most employers will opt out of the offer for employees to participate. Moreover, the IRS still has not released information on how to file the 941 for these employee deferrals.

Furthermore, laws for temperature screenings vary state by state, so employers considering implementing this for employees should make sure to observe mandate requirements with local officials.

The U.S. Department of Labor (DOL), Wage and Hour Division (WHD) has issued an opinion letter addressing whether the fluctuating workweek method of compensation may be used when an employee’s weekly hours fluctuate only above and not below 40 hours per week. The WHD concluded there is no requirement, under the FLSA or its interpreting regulations and guidance, that an employee’s hours worked fluctuate below 40 hours per week when utilizing the fluctuating workweek method for determining overtime compensation.

Please make sure to register for our webinar this Thursday at 3 pm CST, where the team at Delta will be reviewing the recently released IRS guidance on the Social Security Presidential Memorandum along with the most frequently asked questions about the FFCRA. In addition, we will provide clients with an update on changes in benefit providers as well as some direction on pandemic policies and procedures. Enclosed is a fantastic compliance overview with open enrollment guidance for 2021.