Compliance Principles

Final Paycheck & Termination Pay Compliance in 2026: Avoid Costly State & Federal Errors

Speaker

Mark Schwartz is an employment tax specialist and has over 15 years of employment tax experience as an independent consultant and as a payroll tax auditor with the State of California. He has managed an audit caseload of 20 ongoing audits, from small home-based businesses to large multi-national corporations.

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Paying your employees final paycheck is more confusing than it seems. Although Federal law has broad regulations you have to comply with, States have the most rules, and they differ widely. Failure to accurately and completely pay what your worker is due can be tricky. Further, you may have to pay them the minute you terminate them.

It is not just as simple as paying final wages. Employees who earn PTO such as vacation, sick leave and other payments need to have those calculated and taxed properly. When it is due is dependent on whether they reigned or were terminated. State law determined when all those payments are due, and how they are taxed. We will go over these rules for each state. We will also review tax guidelines for each.

You also have to consider what to do with other benefits your employee was receiving when they worked for you. Health insurance is subject to COBRA rules upon dismissal. Retirement and workers compensation must be paid or forwarded to new accounts. Learn about the requirements for these and others.

Finally, we will go over the penalties you face for non-compliance. Terminating employees is an anxious time for workers and employers alike. We will discuss the penalties state by state for not paying your ex-workers when due. The Dept of Labor in your state can be easily accessed by these workers. The DOL will certainly contact you if you are out of compliance. The fines aren’t just monetary – there are criminal penalties as well.

So join Mark Schwartz for this informative webinar on termination pay.

Session Highlights:

In this webinar we will discuss:

  • FLSA Guidelines for Termination Pay
  • State-by-State Rules and Regulations, including:
    • Who does and does not regulate termination pay
    • Who requires payment by the next regular payday
    • Who requires prompt payment, including same-day
    • Other applicable rules
  • Rules for Deceased Workers
  • Vacation Pay and PTO Rules (State-by-State)
  • Taxes on PTO
  • Penalties
  • Other Rules for Benefits, etc.

Why should you attend?

  • Know the state and federal regulations on termination pay for all states you operate in
  • Calculate and pay accurate amounts to employees who resign or are terminated
  • Understand proper taxes to withhold
  • Learn how to pay out or transfer fringe benefit accounts and balances
  • Ensure compliance with additional regulations such as COBRA

Who should attend?

  • Payroll and HR Managers and Staff
  • Hiring Personnel
  • Internal and External Audit Personnel
  • A/P Managers and Staff
  • Personnel Executives

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