Common use of PAYROLL REPORTS Clause in Contracts

PAYROLL REPORTS. Client agrees that, since it controls the worksite and the scheduling and supervision of Co-Employees, and exercises the day- to- day direction and control over Co-Employees, Client will determine, verify, and accurately report to CONGRUITY, at the same times that payment information is reported to CONGRUITY pursuant to §10.A.: (i) the total number of hours worked by all Co-Employees and their exempt and non- exempt status; and (ii) the total remuneration due each Co-Employee for each payroll period in accordance with the Fair Labor Standards Act (“FLSA”), any applicable state or local law, and any agreement between Client and the Co-Employee. Client assumes all responsibility for the accuracy of such reports and the amount of remuneration due each employee. Client shall maintain records of hours worked by all Co-Employees throughout their tenure of employment and for a period of at least four years thereafter and shall make such records available to CONGRUITY upon request. Client shall not withhold or authorize the withholding of a payment of wages absent express permission from a Co-Employee and shall not violate any applicable law pertaining to the payment of wages. Client shall not make any taxable payment of any kind, except profit sharing or pension plan distributions pursuant to the terms of a qualified plan, directly to any Co-Employee. Any owner or officer of Client enrolled as a Co-Employee must receive sufficient remuneration through CONGRUITY’s system to satisfy CONGRUITY’s minimum payroll requirement established from time to time. Client agrees to immediately forward to CONGRUITY any order or notice of garnishment, involuntary deduction, IRS lien, or other legal process received by Client affecting wages paid to Co-Employees and to sign such documents as are necessary to authorize CONGRUITY to act on Client’s behalf in responding to such legal process. Client shall be solely responsible for all non-compliance penalties and liabilities resulting from Client’s failure to timely forward such legal process to CONGRUITY or to sign required authorization documents.