On August 28, the IRS released its first notice regarding implementation of the President’s executive order on payroll tax deferral. The document can be found here.
The notice makes clear that if the employer opts to defer payroll taxes, the employer is the affected taxpayer, not the employee. But again, based on our read and the analysis of others, it appears that this action is voluntary for the employer.
The notice makes no mention of nor seems to contemplate the employee making the election to defer.
Therefore, this would appear to be a decision left to the employer.