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Wednesday, 21 May 2008 07:28 |
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Written by Larry Beebe
Bond Beebe, Accountants & Advisors
P: 301.272.6025 E:
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As we stated in the concluding chapter of our book, we would eventually like to publish a second edition. In order to do that, we need your tips and stories. Any advice you could give to payroll auditors and/or trustees, and any stories about what happened to you as a payroll auditor would be greatly appreciated. Please send them in reply to this blog posting, or you may e-mail them to
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One case currently percolating involves a small tile subcontractor, whose CBA "expired" in April 2007. There was an evergreen clause, and the employer did nothing to terminate or abrogate the agreement. Meanwhile, the employer formed a new company, which is similar to the the signatory employer. Supposedly, the signatory employer no longer exists.
When the auditor went out to do an "exit" audit on the employer, she found this new employer. She contacted me and sought guidance on the inclusion of the tile employees for the new company. I advised to include them. The current audit results show approximately $952,000 due, which is quite a surprise for a small tile subcontractor. In our initial demand, we explained that the new employer was an alter ego or successor company.
We received a letter from the lawyer for the tile subcontractor asking for time to investigate our initial assertion that $952,000 was due and owing. If the auditor hadn't contacted me, then a small delinquency would have been reported. But the trust was there for the auditor to consult and then include. She agreed that it is always easier to take names off of audits than to add names to audits.