Paris Accounting Corp

Practice limited to business consulting and tax resolution

Phone: 718-281-0200
Email: [email protected]
PO Box 604993, Bayside, NY 11360
Profitability Consultant and CPA

September 30, 2015 by Harlan Kahn CPA

Employees and Overtime

A recent NYS law allows for employees to sue their employers for lost wages and unpaid overtime.

In fact, not only can the employee sue, but if the employer should pay as little as $1 to the employee in settlement, the employer is responsible for the employee’s lawyer fees.

I would think most employers would be outraged by what I just wrote.  And they should be.  Yet this does not change the law, challenge the law or stop what has happened due to this law.

French RestaurantI have several restaurant clients and each restaurant has been hit with a law suit at least 1 time.  I want to emphasize this so that every employer will protect themselves from this law and frivolous suits filed by former employee’s and their lawyers.

The law is designed to protect employees.  Employees generally do not have the funds to hire lawyers to sue employers.  This law, creates a new business for attorneys.  Attorneys are now approaching past restaurant employees willing to argue on their behalf for lost overtime and regular wages.

You see, if you are not management with the authority to hire and fire staff, you are required to be paid by the hour.  Which means if you work more than 40 hours in a week, or more than 10 hours in a day, you are entitled to overtime rates [which starts at 150% of regular wages].

An employer’s only recourse against a suit about lost wages or lost overtime wages are TIME CARDS or time records [as many time clocks are now digital].  The number of cases are mounting and the IRS has admitted that 50% of all employer/employee cases come from restaurants, and so the IRS targets restaurants as do suing lawyers.  But this law of pay and overtime pay affects ALL BUSINESSES.

Just this week we have a client who is considering closing his business and we have come to find out he never used a time clock.  So even after the business is closed and gone, for up to six years, his secretary could sue for overtime and he would have no records to defend the fact that overtime never happened.  Such is the case with a martial arts gym that raised someone’s salary.

I happen to mention we inserted the new pay rate and an overtime rate.  The owner was thinking, I never have overtime for my employees.  Great!  How can you prove it?  Do you have a time clock and retain the time clock records for at least 6 years?

Harlan S. Kahn CPA
Paris Accounting Corp
www.parisac.com

 


Additional Resources: Do you own your business or does it own you? Don’t leave without downloading our free whitepaper here. Revive the dream.

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Filed Under: business, Uncategorized Tagged With: Employee, Employer, Overtime

September 29, 2015 by Harlan Kahn CPA

Do you own your business or does it own you?

Is your business fulfilling your expectations? Are you working hard with little to show?

HeadacheGet our free business report  to show you how a few small changes can reap big results.

Revive the dream and let your business do what it was supposed to always do – start helping you make more money and enjoy life.

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When you are done reading the report, stop back and tell me what you think. Harlan.

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Filed Under: business, free report Tagged With: business, money

September 16, 2015 by Harlan Kahn CPA

Can doctors be penny wise and dollar foolish?

Attention: doctors, dentists, consultants, etc. A professional needs a professional.

When I go to get my car fixed, I am in the hands of the car mechanic.
When I go to get my teeth fixed I am in the hands of a dentist.

I’d like to think both are professionals, that they have my needs at heart when they work and that the work they do is proper complete and precise.

Yet it never fails to amaze me how many people think that accounting rates are something some clients attempt to bargain with me and other CPAs.  I have come to believe that accountants who bargain about their rates, are desperate for clients and fail to see the value they provide.

Once we had a doctor client who wanted to bargain our rates.  Tell me, when you are a patient going to heart surgery, do you say to the physician “others do this by-pass for $25,000 how come you charge $40,000?”  No, you’re willing pay the $40,000 because you want the preferred expert in the field.  After all, a mistake is fairly costly, isn’t it?

A client came to us with an income tax audit gone awry.  You think maybe as a doctor the client should have sought out a licensed CPA instead of the local cheapest non-licensed bookkeeping firm?  Well, she ended up with a non-professional who has little if any audit experience, doesn’t know much about the dental industry and thinks that the IRS auditor’s finding of $150,000 tax liability to the client is ok.  The client went straight to a tax attorney who was able to reduce that amount to $94,000.  The tax attorney charged $5,000 for that service which in my mind is worth the payment.

Female dentist with tools, isolated over a white background

When she finally came to me, I sat with the agent, understood the agent’s concerns and figured out the way to reverse the agent’s findings based on writing up the records properly and then tying those records into the dental system the client uses to record patient data.

That’s what it takes to fix this poorly conducted audit.  I would estimate my costs to be about $10,000 [and surely no higher than $20,000].  The client will save the $94,000 attributed to her if she decided to accept the engagement with me.  But like a lot of doctors, she believes she can do it herself for free.  In my mind, there is no chance that will be the case.

And why is it that a client can’t remedy their own income tax audit? Experience.

You see, in accounting, the job is 85% experience and 15% book knowledge. See if your current accountant agrees with this statement.

What makes the mechanic good is that he/she has fixed thousands of other cars before mine; the heart doctor has done many heart operations before the one he is about to do.

And as a certified accountant with more than 25 years experience, I have settled many audits, corrected many auditors work papers, researched the dental industry and know that ‘private pay’ dentists collect a lot of cash, but insurance based dental practices rely almost entirely on insurance company payments.  So the IRS auditor’s assumption about a large cash practice in this dentist’s case is wrong.  Proving that to the satisfaction of the IRS requires diligent record keeping and a tie to the dentrix program used by the client for her patients.

This is not the first doctor who thought they could learn all they need to know from a textbook or online reading.  Sorry that’s not the case for accounting, nor for car mechanics nor for heart surgeons.

Harlan S. Kahn CPA
Paris Accounting Corp
www.parisac.com


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Filed Under: business, tax Tagged With: dentist, doctor

September 8, 2015 by Harlan Kahn CPA

Video: Welcome to Paris Accounting

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Filed Under: business

September 1, 2015 by Harlan Kahn CPA

Let’s talk technology

This week I would like to talk a bit about technology.

The newest edition to technology for me is Windows 10.  Those of you having trouble with Windows 8 will be very happy with Windows 10 upgrade.  Most all of the problems I was having in Windows 8 have disappeared in Windows 10.  I had issues with adobe printing from various web applications – no longer.  It also seemed that Windows 8 would have worked better for me with a touch screen, but I don’t have one.  The new Windows 10 seems to correct those problems and many others regarding using the mouse and interacting with the web.

technologyAnother important piece of technology is the cloud.  I have heard several experts state that accounting firms are one of the harder professional services to put in the cloud.  This is true because as CPAs we use so many different programs simultaneously.  Even as I write this I have Outlook, Adobe and the internet open.  As soon as I am done, I will add the tax program, QuickBooks and Excel as well as other programs open at once.

By comparison, a legal office is much easier to convert to the cloud [most legal offices use word, legal research programs on line, and a time/billing program].  All of these programs are on line in the cloud and conversion is a blessing in disguise; not only are all the programs always updated, but you don’t have concern yourself with back up at all!

Recently QuickBooks opened ‘QuickBooks Online’ which is a cloud version of the most famous accounting/bookkeeping program in the country [maybe in the world].  The online version is extremely poor for inventory companies, but for most other companies it’s pretty good.  There are several levels of access and Intuit even set up a special level of access for the accountant/CPA.  The price is a little hefty [since the basic service price is generally awful for my clients] $39.95 is for a full system, and there is a ½ price special.  The online version is not as good as the desktop version and many of your favorite screens have changed.  I suspect Intuit will improve the cloud version and make more of the desktop applications available as time goes on.

Harlan S. Kahn CPA
Paris Accounting Corp
www.parisac.com


Additional Resources: Do you own your business or does it own you? Don’t leave without downloading our free whitepaper here. Revive the dream.

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Filed Under: business Tagged With: QuickBooks, Windows 10

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