California state computers can’t handle pay cut

by Ted

If Gov. Arnold Schwarzenegger wants to issue minimum-wage checks to 200,000 state workers in less than a month, he may want to rehire any semi-retired computer programmers he terminated last week.

Democratic state Controller John Chiang said Monday it would take at least six months to reconfigure the state’s payroll system to issue blanket checks at the federal minimum wage of $6.55 per hour, though Schwarzenegger insists such a change should occur this month.

Experts say Chiang isn’t joking when he describes the state’s payroll system as a computing relic on par with vacuum tubes and floppy disks.

“It’s an example of a number of computer systems in which the state made a large investment decades ago and has been keeping it going the last few years with duct tape,” said Michael Cohen, director of state administration with the Legislative Analyst’s Office.

The Republican governor signed an executive order last week recommending the cut to minimum wage for most permanent state workers and terminating 10,133 temporary and part-time employees. He believes the state must take drastic steps to preserve cash over the next two months as the state continues to operate without a budget 36 days into the new fiscal year.

Chiang reiterated Monday that he will ignore the order and issue full paychecks to state workers. He disputes Schwarzenegger’s legal interpretation of a 2003 California Supreme Court decision, which the governor said mandates that the state pay only minimum wage to employees until a budget is passed.

But even if the governor’s legal reasoning proves to be sound, Chiang said, the state cannot logistically retool its payroll system in a matter of weeks as the governor has asked. And if the change eventually were made, Chiang said it would take an additional nine to 10 months to issue back pay to employees when the budget is approved.

“Pragmatically, we just can’t get the system to work in a timely manner for us to implement payment of minimum wage,” Chiang said.

Fred Klass, chief operating officer for Schwarzenegger’s Department of Finance, testifying Monday in a Senate hearing, challenged Chiang’s description of his logistical hurdles.

“We have not been provided with the evidence that would show us that this is an impossibility, nor does it answer the question of why aren’t we working on this for next time,” Klass said.

“To some degree, it’s not the point,” he added. “The point is the law needs to be adhered to, and the governor is saying we need to follow the law. And if the controller is saying it’s inconvenient, I think the controller needs to explain why inconvenience is a reason to ignore the law.”

The state payroll system is based on the COBOL, or Common Business Oriented Language, programming language – a code first introduced in 1959 and popularized in the 1960s and 1970s.

“COBOL programmers are hard to come by these days,” said Fred Forrer, the Sacramento-based CEO of MGT of America, a public-sector consulting firm. “It’s certainly not a language that is taught. Oftentimes, you have to rely on retired annuitants to come back and help maintain the system until you’re able to find a replacement.”

Forrer said the system has tens of thousands of lines of code, so it is time-consuming to find and replace salaries for each job classification on an individual basis.

Cohen said other states have moved faster to modernize their payroll systems, though it’s also common for states to cling to their antiquated computers well beyond their scheduled life.

Presidential candidates discuss merits of increasing the Social Security tax

by Ted

With less than three months until the 2008 presidential election, both candidates have expressed their views about a possible Social Security tax increase. The Federal Insurance Contributions Act (FICA) imposes two taxes on employers, employees, and self-employed workers — one for Old Age, Survivors and Disability Insurance (OASDI; commonly known as the Social Security tax), and the other for Hospital Insurance (HI; commonly known as the Medicare tax). The FICA tax rate for employees and employers is 7.65% each — 6.2% for OASDI and 1.45% for HI. There is a maximum amount of compensation subject to the OASDI tax (i.e., $102,000 in 2008), but no maximum for HI. Employers and employees will each pay a maximum OASDI tax of $6,324 in 2008.

Recently, Democratic Sen. Barack Obama (D-IL) called for higher Social Security taxes on wage earners making greater than $250,000 annually. The tax would not apply to wages between the current cap and $250,000. The Senator has not released any other specifics on how this tax would work but has stated that his plan would “allow us to extend the life of Social Security” without raising the retirement age or cutting benefits.

Sen. John McCain‘s (R-AZ) position on a Social Security tax increase is less clear. In an ABC interview on July 27th, McCain said that when it comes to fixing Social Security, “everything is on the table,” including a possible payroll tax increase. However, in a campaign speech after the ABC interview, McCain promised to fix the Social Security system without raising taxes.

Weak economy effects casual dining

by Ted

From CNNFN: Complete article.

Economic weakness and food inflation are hurting casual dining restaurant chains as families shun moderately-priced restaurants for cheaper alternatives.

Restaurants claimed a big casualty Tuesday, when S&A Restaurant Corp., owner of chains including Bennigan’s Grill & Tavern and Steak & Ale, said it filed for Chapter 7 bankruptcy. The private company, which owns hundreds of restaurants, said it was shutting its doors.

The National Restaurant Association said it took into account the current economic conditions when preparing the 2008 Restaurant Industry Forecast and continues to project moderate growth, though less than in previous years.

“The absolute sales are up for the restaurant industry; that’s because new units are opening,” said Lynne Collier, restaurant analyst for Keybanc Capital Markets. “But when you look at same-store-sales, that has been negative for the industry for quite a while now.”

Collier said that same-store-sales, a measure of locations that have been open for at least one year, were flat in 2006, down 1.1% in 2007, and down 1.1% year-to-date. This is in spite of a slight uptick in May, which she attributed to the government’s stimulus checks.

The biggest declines, according to Collier, are occurring in states hard-hit by the subprime-related real estate fallout, such as California, Florida, Nevada and Arizona.

“That tells me that subprime in the real estate market is the number one factor that is dragging down sales for the restaurant business,” she said.

Rising gasoline and food prices have also taken a toll, said Bryan Elliott, restaurant analyst for Raymond James. Elliott said consumers’ purchasing power began to “slow noticeably” when gas prices shot up in the spring of 2006. Later in 2006 and into 2007, he said the “ethanol-derived jump in food prices” cut into the industry’s bottom line.

But low-cost fast-food chains like McDonald’s are thriving, analysts say.

Collier said “quick service” restaurants like McDonald’s are attractive to families because they tend to cost less than sit-down casual dining restaurants like Bennigan’s. Quick service restaurants also have added salads and chicken meals that have increased their “price value perception,” according to the analysts.

This perception of “value” is also why Darden Restaurants, owner of Olive Garden and Red Lobster restaurants, is doing well, said Elliott, even though they are part of the hard-hit casual dining segment.

“[Olive Garden] appears to be gaining share through a strong value message,” he said, who praised the company for its effective advertising and marketing. “All-you-can-eat bread sticks and salad creates a perception of lots of value for the money.”

California signs law banning trans fats in restaurants

by Ted

Most California eateries must stop cooking with all but small amounts of the substances by 2010.

California became the first state to require restaurants to cook without artery-clogging trans fats, such as those in many oils and margarine, under restrictions signed into law Friday by the health-conscious governor. Gov. Arnold Schwarzenegger, a physical-fitness advocate and crusader against obesity, sided with legislators who said the measure would help get the fat out of Californians who are too dependent on fast food.

“California is a leader in promoting health and nutrition, and I am pleased to continue that tradition by being the first state in the nation to phase out trans fats,” Schwarzenegger said. “Consuming trans fat is linked to coronary heart disease, and today we are taking a strong step toward creating a healthier future for California.”

New York City has a similar ban, which began July 1 with a three-month grace period. Those who violate the California law could face fines of $25 to $1,000.

The legislation was vigorously opposed by the California Restaurant Assn., which argued that it would not substantially affect public health because people eat 75% of their meals at home.

The decision on what restaurants use in cooking should be based on the desires of customers, not government officials, said association spokesman Daniel Conway.

Even so, he said, “given the fact that our industry is already phasing out trans fat in response to customers and that there is a delayed time line for implementation, we are confident our members will be able to meet the mandate of the law.”

Indeed, the law follows steps already taken by such institutions as McDonald’s and Spago Beverly Hills to meet customer demand.

The fats can be found in vegetable shortenings, margarines, crackers, candies, cookies, snack foods, fried foods, baked goods and other processed foods made with partially hydrogenated vegetable oils, according to the U.S. Food and Drug Administration.

The Carl’s Jr. chain plans to stop cooking with trans fats by the beginning of the year, said company spokeswoman Beth Mansfield. “We saw where the industry was going,” she said.

Other chains that have fully or partly eliminated trans fat or had previously committed to doing so include Wendy’s, El Pollo Loco, Mimis Cafe, KFC, Burger King, IHOP, Applebee’s, Starbucks, Subway, Taco Bell, Denny’s, Panera Bread, Red Lobster and the Olive Garden, according to the restaurant association.

The group said ethnic restaurants and bakeries would be hardest hit by the ban, because many ethnic dishes are more difficult to prepare with trans fat-free substitutes.

Rod White, the owner of Bertha’s Soul Food in Los Angeles, estimated that it would cost him $30 more a week to buy cooking oil without trans fat, and he was angry.

“The government is infringing too much on the rights of people to even eat what they want,” he said. “Are they going to outlaw salt next because it causes hypertension?”

Compliance will be checked by state health inspectors on their periodic restaurant visits.

Scientific studies have established that trans fats increase so-called bad cholesterol in the body and decrease good cholesterol, contributing to the buildup of plaque in arteries, according to Dr. P.K. Shah, director of cardiology at the Cedars-Sinai Heart Institute in Los Angeles.

“This law will address the health issue of cardiovascular disease, which is the No. 1 killer in the nation and the state of California,” Shah said.

Eliminating artificial trans fats from the food supply could prevent 6% to 19% of heart attacks and related deaths each year, according to an estimate published by the New England Journal of Medicine.

The new regulations could mean real savings, not only in lives but also in health costs, according to Mendoza.

State minimum wage chart (July 24 2008)

by Ted

Current minimum wage rates for all states, the District of Columbia, and Puerto Rico.

State Minimum Wage Tip Credit Actual Tip Minimum
% Allowed Credit $ Cash Wage
Alabama none
Alaska $7.15 0% $0.00 $7.15
Arizona $6.90 $3.00 $3.90
Arkansas $6.25 $3.62 $2.63
California $8.00 0% $0.00 $8.00
Colorado $7.02 $3.02 $4.00
Connecticut $7.65 29.3% $2.24 $5.41
Delaware $7.15 $4.92 $2.23
District of Columbia $7.55 $4.78 $2.77
Florida $6.79 $3.02 $3.77
Georgia $6.55 $4.42 $2.13
Hawaii $7.25 $0.25 $7.00
Idaho $6.55 $3.20 $3.35
Illinois $7.75 40% $3.10 $4.65
Indiana $6.55 $4.42 $2.13
Iowa $7.25 40% $2.90 $4.35
Kansas $2.65 40% $1.06 $1.59
Kentucky $6.55 $4.42 $2.13
Louisiana $6.55 $4.42 $2.13
Maine $7.00 50% $3.50 $3.50
Maryland $6.55 50% $3.28 $3.27
Massachusetts $8.00 $5.37 $2.63
Michigan $7.40 $4.75 $2.65
Minnesota FLSA $6.55 $6.55
large employer $6.15 0% $0.00 $6.15
small employer $5.25 0% $0.00 $5.25
Mississippi $6.55 $4.42 $2.13
Missouri $6.65 50% $3.32 $3.33
Montana $6.55 0% $0.00 $6.55
Nebraska $6.55 $4.42 $2.13
Nevada $6.85 0% $0.00 $6.85
New Hampshire $6.55 45% $2.95 $3.60
New Jersey $7.15
New Mexico $6.50 $4.37 $2.13
New York $7.15 35.7% $2.55 $4.60
North Carolina $6.55 $4.42 $2.13
North Dakota $6.55 33% $2.16 $4.39
Ohio $7.00 50% $3.50 $3.50
Oklahoma $6.55 50% $3.27 $3.28
Oregon $7.95 0% $0.00 $7.95
Pennsylvania $7.15 $4.32 $2.83
Puerto Rico $6.55 $0.00 $6.55
Rhode Island $7.40 $4.51 $2.89
South Carolina $6.55 $4.42 $2.13
South Dakota $6.55 $4.42 $2.13
Tennessee $6.55 $4.42 $2.13
Texas $6.55 $4.42 $2.13
Utah $6.55 $4.42 $2.13
Vermont $7.68 $3.96 $3.72
Virginia $6.55 $4.42 $2.13
Washington $8.07 0% $0.00 $8.07
West Virginia $7.25 20% $1.45 $5.80
Wisconsin $6.50 $4.17 $2.33
Wyoming $5.15 59% $3.02 $2.13

On Vacation!

by Ted

I will be out of the office July 14th-18th and will return on Monday the 21st.
Support will be handled out of the VA office.

I hope you all can go a whole week without a Payroll News update !

Auto Update Your SSN Database.

by Ted

Each month the SSA releases an updated list of Social Security Numbers that are newly issued as of that date. PayMaster uses this list to double check your input when you enter a new hire.  If you get a message when entering a SSN , it could mean that its a newly issued number and your database is out of date. If you still get a warning of a invalid SSN after updating, you might double check your input or use the built in SSA Verification report that interfaces with the SSA’s online verification system like it.

Auto update is available now for this July change.
Just go to Utilities/Apply SQL Patches and then click on Internet/Check for SQL Updates.
It should download the patch called validSSN_July_2008.sql and then apply this patch to all companies.

Gov’t tells you what to eat?

by Ted

This month, restaurant inspectors from New York City’s Department of Health and Mental Hygiene will add a new violation to their checklist: the failure to display, in large type and directly on the menu board, the calorie counts of every item on the menu.

The city claims that the new law, which applies to restaurants with 15 locations or more nationwide, will lead to 150,000 fewer New Yorkers becoming obese and 30,000 fewer developing diabetes over the next five years. Other cities are following the city’s lead, from San Jose to Seattle. This is the latest salvo in a war that local governments are fighting against Americans’ diets; other examples include Chicago’s ban on foie gras and New York City’s restrictions on “sous-vide” vacuum cooking and its ban on trans-fats, which took full effect Tuesday.

Full Article

Wal-Mart violating labor laws, Again.

by Ted

A state district court has ordered Wal-Mart to pay $6.5 million to nearly 56,000 workers.

Wal-Mart, the world’s largest retailer, violated the law more than 2 million times over  a six-year period by denying workers time for breaks and forcing them to work “off the clock” for no pay, a Minnesota judge has ruled.

Dakota County District Judge Robert King ordered the company to pay $6.5 million in back pay. In addition, Wal-Mart faces fines as high as $2 billion for the wage-and-hour violations.

King’s ruling culminated a seven-year legal battle by four former Wal-Mart workers who filed a class-action lawsuit on behalf of 56,000 current and former employees who worked at Minnesota Wal-Mart and Sam’s Club stores between Sept. 11, 1998, and Jan. 31, 2004.

Judge King found that Wal-Mart repeatedly and willfully violated Minnesota labor laws or its contract with its employees on the issues of contractual rest breaks, statutory meal breaks, shaving time from paid rest breaks and failure to maintain accurate records.

Maryland Withholding Update

by Ted

July 1st update for MD state taxes.
Maryland has made a slight change in their tax rates that are effective July 1, 2008.
Their website is not updated yet ! But comparing it to the update that went out Jan 1, 2008, it seems the only change is an additional bracket for employees making over a $1,000,000 with an additional .75% withholding.

Auto update is available now for this mid year tax change.
Just goto Utilities/Apply SQL Patches and then click on Internet/Check for SQL Updates.
It should download the patch called 2008Jul1-taxMD.SQL and then apply this patch to all MD companies.