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Ralph Peterson

The Florida tests: Are workers employees or independent contractors?

03/09/2009

Recently, we addressed the risks involved in misclassifying employees as independent contractors and explored the three federal tests for getting it right. Be aware that Florida has own laws for determining whether a worker is an employee or an independent contractor. Along with the federal standards, you need to be familiar with the Florida tests.

Can we prohibit salary talk?

03/09/2009

Q. As an alternative to layoffs, our company has cut employee wages. We decided to do that instead of reducing their hours. While the employees have agreed to this (hopefully) temporary measure, supervisors have received reports that workers have been discussing their new wages and salaries with one another. Our executives want to direct all employees not to discuss their wages and salary information with others. Is it legal to enforce such a rule?

What do the workers’ comp rules say about employee’s flexibility to choose a psychiatrist?

03/09/2009

Q. An injured employee has requested a change of psychiatrist under Florida’s Workers’ Compensation Act. He never visited the originally assigned treating psychiatrist. Must we give the employee a choice of three other psychiatrists?

3 federal tests: Are workers employees or independent contractors?

02/12/2009

Some employers unknowingly misclassify some of their employees as independent contractors. In doing so, they risk suffering severe consequences. By becoming familiar with the following tests, you minimize the chances of misclassifying an employee.

At what point does retired worker become ineligible for PTD workers’ comp?

02/12/2009

Q. If an injured worker has a catastrophic injury under Florida’s Workers’ Compensation Act and subsequently retires, does that mean the employee is not entitled to permanent total disability (PTD) workers’ compensation benefits?

What’s the hourly rate for family member caring for employee out on workers’ comp?

02/12/2009

Q. One of our employees was injured at work and is now receiving workers’ compensation benefits and leave. One of his family members provides attendant care for him. What hourly rate of pay should this family member receive for her services?

Employee wants FMLA leave: Can we contact her health care provider?

02/12/2009

Q. When one of our employees requested FMLA leave, we asked for medical certification of a substantial health condition from her health care provider. We received the form, but cannot read some of the physician’s handwriting and do not understand some of the responses. We also need additional information not requested in the medical certification form. Can we seek clarification from the health care provider?

Bring domestic violence out of the workplace shadows

02/11/2009

Because the impact of domestic violence reaches deeply into a company’s culture, employers should reassess policies and make domestic violence an HR priority. Four sensible practices can help you help employees prevent domestic violence and lessen its impact.

Must we reinstate health insurance that lapsed while employee was on FMLA leave?

01/13/2009

Q. Our company allowed an employee’s health insurance to lapse because he failed to pay his share of the premium while on FMLA leave. The employee is scheduled to return to work in two weeks. What is the company required to do about the employee’s health insurance coverage when he returns?

How do we handle FMLA leave when the time off is less than our usual minimum?

01/13/2009

Q. An employee has asked for paid FMLA leave for an increment of time that is less than the increment allowed under our company’s paid leave policy. Can the employee be required to take the larger paid leave increment to substitute any accrued paid leave for unpaid FMLA leave?