Fundamental Payroll Certification Flashcards

An individual would be regarded as an employee of the staffing company and the agency's client to which he is allocated when it comes to evaluating legal obligations regarding workplace discrimination.

Answer: the staffing agency is a temporary employment agency

When an individual is placed by a temporary employment agency, a dual employment relationship typically exists. Both the staffing agency and the client company share legal obligations, including those related to workplace discrimination. This is because the staffing agency is the formal employer, while the client controls the day-to-day work environment and conditions.

Which of the following factors does the IRS take into account when deciding whether a person should be correctly classified as an independent contractor?

Answer: Whether the individual controls how the work will be done

The IRS uses a 'common law' test to determine worker classification, focusing on behavioral control, financial control, and the type of relationship. Behavioral control, specifically whether the business controls *how* the work is done (e.g., methods, tools, hours), is a primary factor. An independent contractor typically has significant control over the means and methods of performing their services, distinguishing them from an employee.

Which regulation may lead to the ownership of unpaid wages when an employer records an employee's start and stop timings using rounding practices?

Answer: The seven-minute rule

The Fair Labor Standards Act (FLSA) permits employers to round employee start and stop times, typically to the nearest five, six, or fifteen minutes, provided the rounding averages out over time. The 'seven-minute rule' (or 7/8 rule) is a common application, allowing rounding to the nearest quarter hour. If an employer consistently rounds down in a way that disadvantages employees, it can lead to underpayment of wages and FLSA violations.

How many hours a 14- to 15-year-old may work each week while school is in session?

Answer: 15

The Fair Labor Standards Act (FLSA) sets specific limits on the hours 14- and 15-year-olds can work to protect their education and well-being. During weeks when school is in session, they are generally limited to working a maximum of 3 hours on a school day and no more than 18 hours per week. This regulation ensures that work does not interfere with their schooling.

What class of worker is not covered by the Fair Labor Standards Act (FLSA)?

Answer: All of the above

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards for most private and public employment. However, certain industries and types of employees are specifically exempt from some or all of its provisions. Railroad workers, truck drivers (covered by the Motor Carrier Act), and movie theater employees are among those who have specific exemptions or are covered by other federal regulations.

Which aspect affects whether an employee contributes to Social Security and Medicare?

Answer: The income is considered taxable under Federal Insurance Contribution Act (FICA) rules

Social Security and Medicare taxes, collectively known as FICA taxes, are mandatory contributions for most employees and employers. An employee contributes to these programs if their income is considered 'taxable wages' under FICA rules. This means that the type of income, rather than age or employer type, determines FICA taxability, ensuring broad participation in these federal benefit programs.

How are taxes withheld when supplemental wages are paid concurrently with regular wages?

Answer: Withholding taxes are based on the total of the wagers and supplemental wages

When supplemental wages, such as bonuses or commissions, are paid concurrently with regular wages, the IRS generally requires employers to combine the two amounts. Withholding taxes are then calculated on this total combined amount as if it were a single payment of regular wages. This method ensures proper tax calculation when both types of pay are issued together.