below minimum wage for disability
mushroomHR
583 Posts
We are contemplating changing our short term disability payments to an "advice to pay" system. This way by paying short term disability to our employees through our own payroll system we can still make their payroll deductions such as insurance premiums, child support, garnishments, etc.
Would there be any problems if these deductions take the paycheck for an employee below minimum wage? The employee would not be working so I don't know if that would have an impact as far as their pay goes. I know if they were working you cannot take their rate below minimum wage but what if they aren't performing any work but collecting disability? Some of our employees don't collect very much for disability as it's a percentage of their pay and with all the deductions, this could happen.
Thanks.
Would there be any problems if these deductions take the paycheck for an employee below minimum wage? The employee would not be working so I don't know if that would have an impact as far as their pay goes. I know if they were working you cannot take their rate below minimum wage but what if they aren't performing any work but collecting disability? Some of our employees don't collect very much for disability as it's a percentage of their pay and with all the deductions, this could happen.
Thanks.
Comments
The company currently doing the administration of our disability and issuing checks will not make any withholdings other than taxes and court ordered child support.
What do you think the significant tax consequences would be for the employees Don? I'm not very knowledgable when it comes to payroll so I don't know what the consequences could be. Thanks for all of your input.
We've been doing this for almost a year and the system has been working well.
PS Don't worry about minimum wage but make sure you garnish correctly.
The tax consequence to the employee that I spoke of would be that under the insurance payment, there are not the deductions; whereas, if it were run through payroll, there would be numerous deductions.
Our short term pays 66.66% of normal weekly wage, as does WC in our state. Although the short term program is not in any way controlled by or through the state.
They are going to have to pay the deductions one way or another. We just help them by taking it out of their check.
Mushroom, I think you'll find that you made a good choice.
E Wart