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Working remotely - payroll not yet set up in this state Texas

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henbob6

Member
What is the name of your state (only U.S. law)? Texas (and Georgia)

I work for a non-profit based in Georgia. In midNovember, I informed my company that I was relocating to Texas due to my husband's job. After a bit of back and forth (including me forming HenBob Consulting, LLC) they told me that I could remain an employee and work remotely from Texas. They also allowed me to go from full-time salary (40 hr/wk) to part-time hourly (30 hr/wk), at the same hourly rate. I am the only remote employee in our company.

After two pay periods, I'm still being paid as a fulltime Georgia employee. I am receiving benefits for which I am not eligible (403(b), health ins, health and dependent FSAs), and am paying GA state income tax. HR has told me that it will be a few more weeks before payroll is set up in Texas. My paystubs do list my Texas address.

Once payroll is fixed, they will reconcile my pay from the 40 to 30 hours, and seek refunds for the mistaken deductions. Is it reasonable to ask that they use the deductions for 403(b) and the FSAs to offset the difference in pay, instead of reducing my pay?

More importantly, am I at any risk? Something just doesn't feel right to me (admittedly, I'm a worrywort), so I want to make sure that I'm not doing anything where I can get into trouble - tax or otherwise.

Thanks in advance.
 


cbg

I'm a Northern Girl
Why are you not eligible for the 403(b)?

For that matter, why are you not eligible for the FSAs? I can understand why you might not be eligible for the health insurance if it is regionally based.
 

henbob6

Member
Why are you not eligible for the 403(b)?

For that matter, why are you not eligible for the FSAs? I can understand why you might not be eligible for the health insurance if it is regionally based.
Oh, dear, cbg. I'm going to give the same answer that led me to these boards 10 years ago. I was relying on what my boss told me. Looking at the employee handbook, health ins, LTD and STD are for Full-time associates. There is no such specification for FSA or 403(b).

So likely, then, all I'd be asking is for them to keep the GA state income tax. It's reasonable for me to request that they apply calculate the refund they'd get from the state and apply it toward my wage overpayment?
 

cbg

I'm a Northern Girl
Okay, now I get it. I missed that you were dropping to part time.

The difficulty I see with your proposal is that we're looking at pre-tax benefits.

You might want to post this one on the other board where you and I both post, where we have a couple of actual payroll experts. Since Patty's death we don't have a real payroll person here.
 

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