December 2011Volume 1, Issue 4
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PAYMENT SOLUTION SERVICES

Gearing Up for Year-End

 

With 2011 coming to a close, your Payment Solution Services Team is gearing up for another successful and fast-paced year-end processing. Once again, our Year-End Team is intently focused on driving us forward by communicating important messages as well as providing critical updates to you.

There is no shortage of activity during year-end. Last year we processed over 11.5 million year-end related documents, printed over 10.8 million employee copies, and posted more than 6.3 million W-2s online. It is this activity that gives us the experience and edge in the industry.

Year-end processing is inevitable. The most important steps you can take to prepare for it is to know what tools are available to you. Our Payment Solution Services Team is here to make your life easier. Whether you choose to send your information directly to ADP Payment Solution Services or quarterly through our TAXServices partners, here are a few reminders of what we can do for you. Year-End services available to you:

 

Print Services

  • Print and distribution of W-2, 1099, and Canadian year-end statements

Electronic W-2s

  • Employees can securely access W-2 images online as well as opt to electronically receive their W-2s by suppressing print functionality 
  • Employees can seamlessly access their online information using their own user information with our single sign-on functionality 
  • ADP provides W-2 import capabilities for various tax partners, such as TurboTax ,etc. This allows you to pull in your own W-2 content and directly process those W-2s

W-2c Manager

The W-2c features enable the administrator to easily manage W-2c's in a secure environment, from W-2c creation through print, distribution, and posting to tax filing. This is an affordable, single-vendor solution requiring no client interface creation or maintenance because it uses your existing administration tools. Here are a few of the features included:

  • Creating W-2c's with or without existing W-2s
  • Creating W-2c's with Box 13 mass changes at the FEIN level
  • Printing W-2c's through a local printer or printed and mailed through Payment Solution Services
  • Transmitting W-2c's to ADP for Amendment processing
  • Posting W-2c's for employees' online viewing and printing

You must be a single-feed, TAXServices client with Payment Solution Services processing the original W-2s. The original W-2 must be posted to iPay/W-2 Services within the US only.

 

Call Center Services

  • We offer a toll-free support line that is available for your employees 24 hours a day, 7 days a week. Employees can request additional copies of original W-2s as well as expedited delivery.

Year-End Documents Handled by ADP Include: 

  • Territory W-2s (Guam, Virgin Islands) and Puerto Rico W-2s
  • 1099 documents (1099Misc and 1099R)  

Employer Copy Resources

  • Domestic W-2s
  • A CD Rom is provided that includes images of the employees' W-2s for every production file processed
  • Employer state/local paper copies are available for domestic W-2s (Direct-Feed clients)
  • EFW-2 file format is available for SSA filing (Federal format only)

If you are currently a client and have questions, do not hesitate to call your Account Manager for further support. If you are not currently taking advantage of these services and are interested in hearing more, please e-mail our Product Support Specialist, Jon Spinger at Jon.Springer@adp.com. Let us take the sting out of Year-End processing and start your New Year off right. 

 

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GARNISHMENT SERVICES

ADP Compliance Department -
A Look Inside

 

Our ADP Compliance Team works directly with attorneys, creditors, and courts to mitigate potential losses and reduce exposure to liability when problems with garnishment orders occur. Compliance Specialists research and analyze each case to identify the reason(s) why garnishment orders encounter difficulties; they also negotiate settlements and resolve potential judgments, which has saved clients time and money. 

The Notification Process 
 
During the garnishment process, when orders are received, set up, paid, and sent for final disposition or release, noncompliance issues may occur. Typically, ADP is notified of noncompliance issues through letters, legal motions, or notices of default served to clients. However, there are instances when an attorney or creditor will call, fax, or e-mail the Compliance department directly about issues pertaining to a garnishment order. Once a noncompliance issue is identified, a case is then created and assigned to the Compliance department.

The Research Process
 
When the Compliance department receives a case, it is assigned to a Compliance Specialist who will be responsible for researching the noncompliance issue and determining the best course of resolution.

The goal of a Compliance Specialist is to get the order back on track. For example, when an order has expired or the employee has been terminated, the Compliance Specialist may work with a creditor or attorney to prevent default judgments. In cases when default judgments are entered before ADP is notified, the Compliance Specialist negotiates directly with the creditor or attorney to either: 

  • vacate the judgment and serve a new order
  • accept the monies that were deducted on the lien but had not yet been released
  • accept the amount that would have deducted during the active term of the order instead of the full judgment amount

ADP's Compliance Specialists have been extremely successful in their negotiations with various law firms and creditors. It is these positive and cooperative working relationships that enable the Compliance department to catch and resolve garnishment problems timely, which saves our clients valuable time and money.

 

How You Can Help


Send Initial Lien Documents to ADP
Every garnishment related document that you receive needs to be sent to ADP as soon as possible. The sooner we receive your document the sooner we can act. Without the initial garnishment order we will not be able to set up a garnishment or meet deadlines for time-sensitive deductions.

 

Send All Subsequent Documents to ADP
A letter from an attorney, a legal motion, an order, a notice of default or an actual default judgment could be an indication that there is a problem with a particular garnishment. Unless a copy of the document(s) is forwarded, ADP will have no knowledge of the garnishment problem and cannot address it to prevent costly judgments.
 

Contact Your ADP Account Manager
Notify your Account Manager immediately if you receive a telephone call, fax, or e-mail from an attorney or creditor regarding a particular order. Early intervention to a garnishment problem may reduce or prevent a default judgment.

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Legislative Updates - State News

 

CapitalIn the ever-changing legislative world, awareness is key. Let us help keep you informed. Please see some key updates below: 

State News

Effective January 1, 2012, the minimum wage will increase for the states listed below. To prevent underpayments, a good practice is to make sure all your systems are up-to-date with the new rate!
 

As a reminder: Every employer, no matter how small, must post new minimum wage changes as they occur. Check with your state's Department of Labor for available posters.

  

Arizona

  • The minimum wage is increasing from $7.35 per hour to $7.65 per hour.
  • The tipped employee minimum hourly rate is changing from $4.35 per hour to $4.65 per hour in direct (cash) wages. Therefore, the maximum tip credit will remain at $3.00 per hour. ($4.65 + $3.00 = $7.65).

Florida

  • The minimum wage is increasing from $7.31 per hour to $7.67 per hour.
  • The tipped employee minimum hourly rate is changing from $4.29 per hour to $4.65 per hour in direct (cash) wages. Therefore, the maximum tip credit will remain at $3.02 per hour. ($3.02 + $4.65 = $7.67).
  • Training/youth wage will remain at $4.25 per hour.  

Florida Update

In a decision earlier this year, the Florida Second District Court of Appeal invalidated garnishment answers signed by officers of a bank responding to a bank garnishment. Cortez Community Bank v. Cobb, 56 So. 3d 80, 81 (Fla. Dist. Ct. App. 2d Dist. 2011). It was determined the answers were improperly filed as they were not signed by a lawyer. The court specified that unlike individuals, corporations are not authorized to represent themselves in court proceedings without an attorney.

Click here to view the decision, or visit www.2dca.org.

 

A recent e-mail communication update was distributed to all Garnishment Services Clients. If you did not receive a copy or would like an additional copy, please contact you Account Manager for assistance.

 

Montana
  • The minimum wage will be increasing from $7.35 to $7.65 per hour. Montana's wage and hour laws do not permit tip credit, meal credit, or training wages. 

 Ohio 

  • The minimum wage rate is changing from $7.40 per hour to $7.70 per hour.
  • The tipped employee minimum hourly rate is changing from $3.70 per hour to $3.85 per hour. Therefore, the maximum tip credit is changing from $3.70 per hour to $3.85 per hour ($3.85 + $3.85 = $7.70). 

 Oregon

  • The state minimum wage will rise to $8.80 per hour effective January 1, 2012. The 30-cent increase mirrors a 3.77% increase in the Consumer Price Index since August 2010. Oregon's minimum wage rate is currently $8.50 per hour. 

 Washington

  • The minimum wage is changing from $8.67 per hour to $9.04 per hour.
  • No tipped employee minimum hourly rate - tipped employees must be paid a direct (cash) wage of $9.04 per hour as Washington does not recognize the tip credit.
  • Training/Youth wage rate is changing from $7.3695 per hour to $7.684 per hour (remains at 85% of minimum wage rate).
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PAYCARD SERVICES

New Paycard Reload Functionality 

MoneyPack

ADP is excited to introduce Green Dot MoneyPak, a fast and convenient way for your employees to reload their paycard. With this added functionality, your employees can utilize their paycard as a financial tool for more than just their payroll. They can turn physical cash into electronic cash in a few simple steps.

How It Works

  • Employee calls cardholder services to activate the portability feature of the card, which allows them to receive loads to their paycard from sources other than your company
  • Employee takes cash to a MoneyPak retailer - locator available at mycard.adp.com
  • Pick up a MoneyPak from the the retailer's prepaid card section or Green Dot display - typically found where gift cards are located
  • Employee purchases MoneyPak with cash at the register
    • Minimum load is $20 and the maximum load amount varies depending on the retailer
    • A MoneyPak service fee of up to $4.95 will be added to the purchase
  • Visit moneypak.com or call 1-800-GREENDOT to active the MoneyPak and initiate the transfer to their paycard

Between now and March 2012, ADP Cardholders will receive a $5 credit the first time they load cash to their paycard using the Green Dot MoneyPak (load must be posted by March 31, 2012).

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UNEMPLOYMENT COMPENSATION SERVICES

 

Burden-of-Proof Can Be a Bouncing Ball at UI Hearing

 

The typical UI hearing is a fact-finding process. It is more relaxed in its procedural features than other hearings and is without strict adherence to the technical rules of evidence. However, within this process, the UI laws and rules regarding standard-of-proof and the burden-of-proof are essential to an employer winning the unemployment case.

Burden-of-proof, in the context of a UI claim or hearing, rests either upon the claimant to prove good cause for voluntarily leaving employment, or with the employer to prove that a discharge was for misconduct. The often misunderstood aspect of burden-of-proof is that it never shifts. Once the work separation issue is determined (quit or discharge) the burden of proving good cause or misconduct "lands" flat with either the claimant or the employer. It does not "bounce" back and forth as evidence and testimony are presented at the UI hearing. 

 

Burden-of-proof involves two concepts: the burden of producing evidence (sometimes referred to as the burden of going forward with evidence) and the burden-of-persuasion. The burden of producing evidence resides initially with the party who has the obligation to establish a particular element of the UI case. With a discharge separation issue, the employer has the burden of proving the claimant was discharged for work-connected misconduct.  

 

The employer must produce evidence that the claimant, who, for example, was discharged for violation of the attendance policy, knew or should have known the policy. Evidence such as the claimant's signed statement acknowledging receipt of the policy, or documented written and verbal warning that the claimant had violated the attendance policy fulfills the obligation of producing evidence. It would then fall upon the claimant to produce contrary evidence to refute the employer's evidence. If the claimant fails to do so, the administrative law judge or hearing referee would be bound to find for the employer on this element of the issue of misconduct. Keep in mind that while the burden-of-proof does not shift, the burden of producing evidence on a specific element may "bounce" from one party to the other.

 

The burden-of-persuasion is simply the obligation to convince the "decider" of the issue. If a party has satisfied his or her burden of producing evidence of an asserted fact, the administrative law judge or hearing referee must then determine whether or not that party has persuaded him or her on that fact. If not, the fact must be found against the party asserting it. Furthermore, a party may have the burden of persuading the hearing referee "beyond a reasonable doubt," "by clear and convincing evidence," or "by a preponderance of the evidence." The latter is the standard applied in virtually all UI hearings. It requires that the party who bears the burden-of-proof to persuade by "the greater weight" or "fifty-one percent" of the evidence.

 

In summary, the burden of proof remains with the party whom the law and rule says has the burden, according to the separation issue in the UI case. The burden of providing evidence, a component of burden-of-proof, may shift back and forth between the employer and the claimant. It is important to follow this "bouncing ball" component of the burden-of-proof as evidence unfolds during the UI hearing, in order to persuade the referee to decide the case favorably.
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Federal Unemployment Tax Act

 

Credit Reductions Scheduled for 2011

In an effort to repay outstanding state loans, employers in at least twenty states will face higher FUTA taxes this year. 

When state unemployment insurance funds are depleted, states draw from a special federal trust fund. If such loans are not repaid within two years, employers carry the burden by losing part of their FUTA credit for state UI contributions, effectively increasing the FUTA tax rate for wages paid by employers in the affected states. As many as 24 states originally faced this tax increase for 2011, but several states have taken action, such as issuing bonds to repay the federal UI loans, to avoid the credit reduction.

The FUTA tax typically increases annually by 0.3 percent, or $21 per worker, until loans are repaid. For example, Indiana employers had a net FUTA tax rate of 1.1 percent (.8 percent + .3 percent) for 2010, but expect a 2011 FUTA tax rate of 1.4%.

FUTA Credit Reduction taxes are payable with IRS Form 940 in January 2012, based on wages paid in 2011. November 10 was the deadline for states to repay loans or take other specified action. As of the date of this publication, official determination has not yet been received from the IRS; however, the projected tax increases are as follows:

0.3%   Arkansas 

0.3%   California

0.3%   Connecticut

0.3%   Florida

0.3%   Georgia

0.3%   Illinois

0.3%   Indiana

0.6%   Kentucky

0.3%   Michigan

0.9%   Minnesota

0.3%   Missouri

0.3%   North Carolina

0.3%   New Jersey

0.3%   Nevada

0.3%   New York

0.3%   Ohio

0.3%   Pennsylvania

0.3%   Rhode Island

0.3%   Virginia

0.3%   Virgin Islands 

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Massachusetts Voluntary Contributions

 

Would you like to possibly decrease your unemployment rates? A voluntary contribution may be the answer for you. Voluntary contributions are those optional payments an eligible employer can make, in advance, to buy down their unemployment insurance tax rate.

The Massachusetts Department of Unemployment Assistance (DUA) requires that employers use their QUEST system to determine the exact amount of a voluntary contribution that is necessary prior to making the payment. It is important to remit the exact amount as failure to do so will result in the payment being applied towards other outstanding UI, UHI, or Workforce Training Fund debt. Voluntary contributions can be made online via ACH debit or by check mailed to DUA accompanied by the payment voucher which is available to print.

For more information regarding how to determine eligibility, make a voluntary contribution, or to determine the required payment amount, visit the DUA Website at: : https://uionline.detma.org/Employer/Core/Login.ASPX. Once you have logged on to QUEST, locate the Voluntary Contribution option under Account Maintenance.

 

If you have any questions regarding this process, contact the DUA Contributions Department at 617-626-6896.

 

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GENERAL UPDATES

2012 ADP & Bank Holidays 

 
ADP & Banks Closed
  • January 2
    New Year's Day
  • May 28
    Memorial Day
  • July 4
    Independence Day
  • September 3
    Labor Day
  • November 22
    Thanksgiving Day
  • December 25
    Christmas Day

 

ADP Open - Most Banks Closed

  • January 16
    Martin Luther King Jr. Birthday
  • February 20
    Washington's Birthday
  • October 8
    Columbus Day
  • November 12
    Veterans Day

     

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About ADP

We are here for you when you need us. Contact your Account Manager with any questions you may have.

Thank you to our contributors:

 

Steve Aucoin

Lori Collins

Vicki Contreras

David DeSon

Alison Duronslet

Veronica Felgar

Tracy Martinez

Lorena Nevarez 

 

400 Covina Boulevard

San Dimas, California  91773

In This Issue
Payment Solution Services
Garnishment Services
Paycard Services
Unemployment Compensation Services
2012 ADP & Bank Holidays
Important Dates
 

As a reminder, ADP will be closed December 26, 2011, and January 2, 2012, in observance of the holidays.

 

Review your payroll processing schedule, pay dates, and funding methods accordingly. Please reach out to your Account Manager with any questions you may have.

 

Important Deadlines

 

As we head into year-end, it is important to remember several key deadlines: 

 

December 31, 2011

Deadline for employees to make their paperless suppression selection on the ADP iPay/W-2 Services Website (the selection would carry over to the subsequent tax year).

 

January 6, 2012

Testing period closes. CD ROMs will not be generated for test files this year; however, PDF files will be available for clients to download from the PSS Year-End Website.

 

January 13, 2012

Deadline to approve production files.

 

January 24, 2012

Deadline to guarantee distribution by January 31.

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Interpretation File Schedule -

Upcoming Holidays 

As a part of our comprehensive Garnishment Service offering, clients receive regular, outgoing interpretation files that contain the analysis data we provide that is uploaded into your pay system. This file is transmitted based on an outgoing interpretation file schedule, which is established during the implementation process. It specifies the day or days your file is sent to you each week.
 
If your file is scheduled for transmission on an ADP observed holiday, the file will be sent to you the business day prior to the holiday unless otherwise specified. You do have the option to select the business day after the holiday for your file transmission. If you have not specified before or after and would like to make a change, please contact your ADP Garnishment Services Account Manager.
 

ADP holidays for the remainder of 2011 and all of 2012.

  • Christmas Day, Monday
    December 26, 2011
  • New Years Day, Monday
    January 2, 2012
  • Memorial Day, Monday
    May 28, 2012
  • Independence Day, Wednesday
    July 4, 2012
  • Labor Day,
    Monday
    September 3, 2012
  • Thanksgiving Day, Thursday
    November 22, 2012
  • Christmas Day, Tuesday
    December 25, 2012
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ALINE Card 

The ADP Paycard Service Team is ready to answer any questions you may have regarding the new ALINE Card.

The team is available Monday through Friday from 6:00 a.m. - 5:00 p.m. PT and can be reached at 877-527-2256 or TPC_Feed_Back@ADP.com

Paycard Promotional Materials
Why create electronic pay promotional materials for your employees when ADP can help?

From presentations to posters, and more, ADP is there for you.
 
Contact the Paycard Service Team for more information or to request our latest marketing materials. We're here to help you achieve your goals!
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