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[C1068]Corporate Law And Practice
by Charles J. Read, Cha
Not all states allow salary reductions made under Section 125 cafeteria plans or 401(k) to be treated in the same manner as the IRS code allows. In Washington cafeteria plans are taxable for unemployment insurance purposes. 401(k) plan deferrals are taxable unemployment purposes.

Washington doesn't have income tax.

The Washington State Unemployment Insurance Agency is:

Employment Security Department
212 Maple Park Dr., Mail Stop KG-11
Olympia, WA 98504-5311
(360) 902-9360
www.wa.gov/esd/ui.htm

The State of Washington taxable wage base for unemployment purposes is wages up to $30,200.00.

Washington has optional reporting of quarterly wages on magnetic media.

Unemployment records must be retained in Washington for a minimum period of four years. This information generally includes: name; social security number; dates of hire, rehire and termination; wages by period; payroll pay periods and pay dates; date and circumstances of termination.

The Washington State Agency charged with enforcing the state wage and hour laws is:

Department of Labor and Industries
Specialty Compliance Services Division
P.O. Box 44400
Olympia, WA 98504-4400
(360) 902-5316
www.lni.wa.gov/

The minimum wage in Washington is $7.01 per hour.

The general provision in Washington concerning paying overtime in a non-FLSA covered employer is one and one half times regular rate after 40-hour week.

Washington State new hire reporting requirements are that every employer must report every new hire and rehire. The employer must report the federally required elements of:

  • Employee's name

  • Employee's address

  • Employee's date of birth

  • Employee's social security number

  • Employer's name

  • Employers address

  • Employer's Federal Employer Identification Number (EIN)


This information must be reported within 20 days of the hiring or rehiring.
The information can be sent as a W4 or equivalent by mail, fax or electronically.
There is a $25.00 penalty for a late report and $500 for conspiracy in Washington.

The Washington new hire-reporting agency can be reached at 800-562-0479 or on the web at http://www1.dshs.wa.gov/

Washington does allow compulsory direct deposit but the employee's choice of financial institution must meet federal Regulation E regarding choice of financial institutions.

Washington requires the following information on an employee's pay stub:

  • Gross and Net Earnings

  • pay basis

  • straight time and overtime pay

  • hours worked

  • itemized deductions


Washington requires that employee be paid no less often than monthly.

Washington requires that the lag time between the end of the pay period and the payment of wages to the employee not exceed seven days.

Washington payroll law requires that involuntarily terminated employees must be paid their final pay by end of pay period and that voluntarily terminated employees must be paid their final pay by end of pay period.

Deceased employee's wages of $2,500 must be paid to the surviving spouse, children, or parents (in that order).

Escheat laws in Washington require that unclaimed wages be paid over to the state after one year.

The employer is further required in Washington to keep a record of the wages abandoned and turned over to the state for a period of 6 years.

There is no tip credit in Washington.

In Washington the payroll laws covering mandatory rest or meal breaks are only that all employees must have 30 minutes rest after 2-5 hours after shift starts and after 3 hours overtime; 10 minutes rest each 4 hours.

Washington statute requires that wage and hour records be kept for a period of not less than three years. These records will normally consist of at least the information required under FLSA.

The Washington agency charged with enforcing Child Support Orders and laws is:

Division of Child Support
Department of Social and Health Services
P.O. Box 9162
Mail Stop HJ-31
Olympia, WA 98507-9162
(360) 664-5200
http://www1.dshs.wa.gov/

Washington has the following provisions for child support deductions:

  • When to start Withholding? Immediately after receipt of order.

  • When to send Payment? Within 7 days of Payday; 5 days after payday in non-IV D cases.

  • When to send Termination Notice? "Promptly"

  • Maximum Administrative Fee? $10 for first payment, $1 for all others.

  • Withholding Limits? 50% of disposable earnings.



Please note that this article is not updated for changes that can and will happen from time to time.

State Tax Department
Capitol Complex, Bldg. 1, W417
Charleston, WV 25305
(304) 558-3333
(800) 982-8297 (in state)
www.state.wv.us/taxrev

West Virginia allows you to use the "WV/IT-104, West Virginia's Employee's Withholding Exemption Certificate" form to calculate state income tax withholding or federal form W4 if state and federal exemption are the same.

Not all states allow salary reductions made under Section 125 cafeteria plans or 401(k) to be treated in the same manner as the IRS code allows. In West Virginia cafeteria plans are not taxable for income tax calculation; taxable for unemployment insurance purposes. 401(k) plan deferrals are not taxable for income taxes; taxable for unemployment purposes.

In West Virginia supplemental wages are taxed at:
Annual wages under $10,000 3.0%
$10,000-$25,000 4.0%
$25,000-$40,000 4.5%
$40,000-$60,000 6.0%
Over $60,000 6.5%

You may file your West Virginia State W-2s by magnetic media if you choose to.

The West Virginia State Unemployment Insurance Agency is:

Bureau of Employment Programs
112 California Ave.
Charleston, WV 23505-0112
(304) 558-2674
http://www.wvbep.org/bep/uc/

The State of West Virginia taxable wage base for unemployment purposes is wages up to $8000.00.

West Virginia has optional reporting of quarterly wages on magnetic media.

Unemployment records must be retained in West Virginia for a minimum period of four years. This information generally includes: name; social security number; dates of hire, rehire and termination; wages by period; payroll pay periods and pay dates; date and circumstances of termination.

The West Virginia State Agency charged with enforcing the state wage and hour laws is:

Division of Labor
Wage and Hour Section
Capitol Complex
Building 3, Rm. 319
Charleston, WV 25305
(304) 558-7890
http://www.labor.state.wv.us/

The minimum wage in West Virginia is $5.15 per hour.

The general provision in West Virginia concerning paying overtime in a non-FLSA covered employer is one and one half times regular rate after 40 hour week.

West Virginia State new hire reporting requirements are that every employer must report every new hire and rehire. The employer must report the federally required elements of:

  • Employee's name

  • payroll address

  • Employee's address

  • Employee's social security number

  • Employer's name

  • Employers address

  • Employer's Federal Employer Identification Number (EIN)


This information must be reported within 14 days of the hiring or rehiring.
The information can be sent as a W4 or equivalent by mail, fax or electronically.
There is a $25.00 penalty for a late report in and $500 for conspiracy West Virginia.

The West Virginia new hire-reporting agency can be reached at 877-625-4669 or 304-346-9513 or on the web at www.wv-newhire.com/

West Virginia does not allow compulsory direct deposit.

West Virginia requires the following information on an employee's pay stub:

  • itemized deductions


  • West Virginia requires that employee be paid no less often than biweekly.

    In West Virginia there are no statutory requirements concerning the lag time between when the services are performed and when the employee must be paid.

    West Virginia payroll law requires that involuntarily terminated employees must be paid their final pay with in 3 working days; next regular payday if suspended due to labor dispute or temporarily laid off. Voluntarily terminated employees must be paid their final pay by the next regular payday or by mail if employee requests it.

    Deceased employee's wages of $800; $1,000 after 120 days after death must be paid to the surviving spouse, adult children, parents, siblings, or person paying funeral expenses (in that order).

    Escheat laws in West Virginia require that unclaimed wages be paid over to the state after one year.

    The employer is further required in West Virginia to keep a record of the wages abandoned and turned over to the state for a period of 10 years.

    West Virginia payroll law mandates no more than 20% of minimum wage may be used as a tip credit.

    In West Virginia the payroll laws covering mandatory rest or meal breaks are only that minors under 16 must have 30 minutes rest after five hours of work and other employees get 20 minutes for 6 hours.

    West Virginia statute requires that wage and hour records be kept for a period of not less than two years. These records will normally consist of at least the information required under FLSA.

    The West Virginia agency charged with enforcing Child Support Orders and laws is:

    Bureau for Child Support Enforcement
    Department of Health and Human Resources
    Bldg. 6, Rm. 817
    State Capitol Complex
    Charleston, WV 25321
    (304) 558-4665
    www.wvdhhr.org/bcse

    West Virginia has the following provisions for child support deductions:

    • When to start Withholding? 14 days after receipt of order.

    • When to send Payment? Payday.

    • When to send Termination Notice? "Promptly"

    • Maximum Administrative Fee? $1 per payment.

    • Withholding Limits? 40% of disposable earnings if supporting another spouse or child; 50% if not; amounts go to 45% and 55% if employee is 12 weeks in arrears.



    Please note that this article is not updated for changes that can and will happen from time to time.
    Article Source : And Accounting Guide Construction Contractors

    Charles J. Read has sinced written about articles on various topics from Accounting Guide, Legal Matters and Accounting Guide. Charles J. Read, CPA has been in the payroll, accounting and tax business for 30 years, the last fifteen in private practice. Mr. Read is the author of "Tax and Accounting Issues in Forming a New Business."To find professional payroll services at a budge. Charles J. Read's top article generates over 22200 views. to your Favourites.
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