- 12 - ranged from zero to 33 percent. Upon receipt of a batch report, TLC inputted the information contained in that batch report into its computer system and, based on that information and other information in its computer system (e.g., the per diem percentage, applicable employment tax rates, Federal and State income tax withholding), computed with respect to each driver-employee gross wages, any per diem amounts, Federal and State income taxes withheld, the driver- employee share of employment taxes,16 payroll deductions for employee benefits, and net wages.17 Per diem amounts are not wages for purposes of computing employment taxes, Federal and State income tax withholding, and workers’ compensation insurance premiums. TLC determined each driver-employee’s gross wages by reducing the batch report lump sum amount for such driver-em- ployee by any per diem amounts that TLC determined for such driver-employee. With respect to each driver-employee, for each payroll period TLC was obligated to, and did, pay such driver-employee 16We shall refer to any tax liabilities imposed on either the employer or the employee with respect to a driver-employee’s gross wages under the Federal Insurance Contribution Act (FICA), the Federal Unemployment Tax Act, or SUTA as employment taxes. 17We shall refer to the net amount of wages to which a driver-employee was entitled, after any reduction for such driver-employee’s share of Federal and State employment taxes, Federal and State income taxes withheld, and payroll deductions for employee benefits (e.g., health insurance, a sec. 401(k) plan, or a sec. 125 flexible benefit plan), as net wages.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011