MrRichMan:
The employer does NOT know what he is doing, and ADP doesn't either. And ADP doesn't care whether the W-2's are right or not, and they are "off the hook" as far as they are concerned. Read ADP's/Paychex/any other payroll prep firm contract, it is ALL on the employers..."
The paystub is wrong. *IF* the employer has all the Sec 105 stuff in order, and the employee's plan is fully ACA compliant, *maybe* he is in good shape. Not very likely.
Also, your employer has to file form 720 and pay the $2 an employee PORCARI tax since the sec 105 plan is now considered an employer plan and subject to the tax.
Rich