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New Form W-4 Does Not Apply to All State Tax Withholding – Are You Using the Right Forms?

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All Employers

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January 1, 2020

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In December 2019, the IRS issued a new Form W-4 to reflect the elimination of withholding allowances because individuals can no longer claim personal or dependency exemptions. While this was intended to allow for more accurate federal tax withholding calculations, it raises the question of what employers should do with respect to state tax withholding requirements.

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Nebraska: Employees are Permitted to Discuss Wages

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All Employers subject to FEPA with NE Employees

EFFECTIVE

September 6, 2019

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LB 217 updated the Nebraska Fair Employment Practice Act (FEPA) to prohibit employer discrimination of employees who “inquired about, discussed, or disclosed information regarding employee wages, benefits, or other compensation” outside of working hours. This rule does not apply to employees whose job functions allow them access to this information and disclose it to someone who does not otherwise have authorized access to the information, except under limited circumstances. It also does not apply to employees who disclose such wage information to the general public or to the employer’s competitors.

The rule expressly states that employers are not required to disclose information regarding employee wages, benefits, or compensation. However, it also states that this information is not proprietary information. This means that employers should have their nondisclosure agreements reviewed by legal counsel to ensure they are compliant with the current rule.

Action Items

  1. Read the text of the bill here.
  2. Have employee handbooks and employer policies updated where applicable.
  3. Have nondisclosure agreements updated where applicable.
  4. Have managers trained on the new rule.
  5. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

Eighth Circuit: Overtime Eligibility for Van Drivers Determined by Present Configuration of Vehicle, Not Original Manufacture

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All Employers with AR, IO, MN, MO, NE,
ND, and SD Employees who operate vehicles

EFFECTIVE

May 10, 2017

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In LaCurtis v. Express Medical Transporters, Inc., the Eighth Circuit determined that the present design and configuration of a vehicle, rather than its original manufacture capacity, determines the vehicle driver’s eligibility for overtime pay through the Motor Carrier Act exemption of the Fair Labor Standards Act.

Eighth Circuit: Guidance on Overtime Hours When Calculating Intermittent FMLA Leave Benefits

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Employers with Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota Employees

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August 4, 2016

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(888) 378-2456

Tracking intermittent leaves can be an administrative headache.  For one company,  “voluntary” overtime compounded that difficulty.  In Hernandez v. Bridgestone Americas Tire Operations, LLC (“BATO”), the Eighth Circuit provided guidance on determining when overtime becomes mandatory for the purpose of calculating intermittent FMLA leave benefits.