COMPENSATION & BENEFITS

When duty calls: Don't interfere with employees' jury duty

09/01/2010
The Federal Jury Act makes it clear that employers may not “discharge, threaten to discharge, intimidate, or coerce any permanent employee by reason of such employee’s jury service, or the attendance or scheduled attendance in connection with such service, in any court of the United States.” Two recent cases show that courts won’t turn a blind eye to employers that fire workers because of jury service.

For hourly employees, unauthorized extra time counts toward FMLA eligibility

09/01/2010

Employees have to work at least 1,250 hours in a year to qualify for FMLA leave. They also must have been employed for a total of one year. Thus, while many part-time employees may qualify for FMLA leave, others won’t because they haven’t met those thresholds. But now some hourly employees and their attorneys are trying a new approach.

Oil changes, discounts help retain insurance staff

09/01/2010
Employees of Kansas City-based Farmers Insurance can get oil changes and windshield repairs for their cars right at work. They can also drop off dry cleaning at the office and enjoy regular chair massages. One reason for the perks: “Being an employer of choice is an important goal for us at Farmers,” says VP Rodney Johnson.

Employee called to jury duty? Different leave rules apply for federal, state courts

08/31/2010

The Jury Systems Improvement Act, a federal law, says employers can be held liable for terminating or intimidating employees because of their service on a federal jury. Most states also set their own rules regarding employee leave for state and local jury duty. Bottom line: Draft a policy that explains leave protections for jury service in both federal and state courts.

After FMLA leave, you can require workers to provide back-to-work fitness certification

08/31/2010
Many employers have a standard policy that requires employees returning from sick leave to prove that they’re fit for work. If you have such a policy—and you apply it consistently—you can also require employees who use FMLA leave to provide the same certifications.

North Carolina outpaced in best cities for working moms

08/30/2010

Charlotte landed near the bottom of Forbes magazine’s top cities for working mothers—placing 48th out of 50—while Raleigh came in 33rd, higher than many Southern cities. Forbes rated the cities against criteria that considered women's income, cost of living, availability of pediatricians, safety, employment opportunities and spending on education.

Employers still giving raises, mostly to high performers

08/30/2010

U.S. employers will hand out pay raises averaging 2.5% across all employee categories in 2010, according to the annual WorldatWork 2010-2011 Salary Budget Survey. But in most cases, the size of the raise will depend on how well employees have performed. Employers "are no longer averse to withholding merit increases for poor performers so they can afford to grant meaningful increases to better performers,” says Anne C. Ruddy, president of WorldatWork.

Check medical restrictions when injured worker returns

08/27/2010
It’s expensive to keep employees on workers’ compensation, especially if you’re self-insured. But you can’t just offer an employee any old job to get him back to work. The offer must be compatible with his medical restrictions. Always check those when making an offer.

What are the laws on correcting timecards?

08/27/2010
Q. We use a timecard punch-in/punch-out system. If an employee forgets to punch in, and we manually do it, do any labor laws apply?

When must we announce new benefit terms?

08/27/2010
Q. Currently, our company pays 70% of employees’ health insurance premiums. Now we need to either decrease the percentage or possibly ask employees to pay the entire premium. How much notice must we give employees before making such a change?

Is pay required for after-hours work functions?

08/27/2010
Q. Can we require full-time nonexempt employees to attend work-related functions after regular hours? If so, should this time be compensated?

Fired for dozing, employee may still get unemployment

08/27/2010
Don’t expect to escape unemployment compensation liability if you fire someone for sleeping on the job. If the reason is an underlying medical condition, the employee may be able to prove she wasn’t fired for cause.

Positive drug test? Get worker to admit drug use, too

08/27/2010
Here’s a step you can take to guard against challenges to your drug-testing procedures. When you tell an employee he failed the test, get him to admit he used drugs. That can ensure he doesn’t receive unemployment compensation.

Pick an FMLA leave calculation method, stick with it--and inform employees

08/27/2010

The FMLA provides 12 weeks of leave per year, but employers have flexibility for determining when those 12 weeks start and end. Choose one of four possible calculations and let employees know which one you’re using. Otherwise, courts will use the one that gives employees the best deal.

Health care reform: U.S. employees dazed and confused about the new law

08/27/2010
If you’re still not exactly sure what’s in the massive new health reform law, you’re not alone. A Harris Interactive survey gave 2,100 adults a list of 18 reform items and asked people to identify which were actually included in the new law. Only four items were correctly identified by the majority of respondents.
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