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Compensation & Benefits

Unmarried employee couple is expecting: Can both take FMLA leave?

04/23/2013
Q. A while ago two of our employees developed a romantic relationship. They are now expecting a baby and both workers put in a request for family leave to bond with their newborn. Are we required to give both workers leave for the birth of their child—even if they are not married?

Health care reform: California weighs in on essential health benefits

04/23/2013
States will play an important role in implementing the provisions of the ACA. For California employers with between 50 and 100 employees, recent legislative developments may add some complexity to ongoing discussions about the ACA’s “shared responsibility” or “play-or-pay” requirements.

Hasty retirement benefits offer may show retaliation

04/23/2013
Before offering a retirement package that’s contingent on giving up the right to sue, make sure you comply with the Older Workers Benefit Protection Act (OWBPA) requirements. That includes giving the employee time to review the agreement and talk to a lawyer.

Another reason to let managers set their own hours

04/23/2013
Here’s incentive to give managers more control over their own schedules. It could prevent one dis­­gruntled employee from turning a simple lawsuit into a class action that covers everyone else with a similar job. That might make the difference between a small verdict and a huge one.

If pieceworker has downtime, you must pay at least minimum wage for those hours

04/23/2013
Do you employ workers on a piece-rate basis but require them to stick around when things are slow or perform other tasks between the piecework? If so, watch out!

Beware one-sided arbitration agreements

04/23/2013
A California Court of Appeal re­­cently held that an arbitration agreement was unenforceable because it was unconscionably one-sided.

Workers ignoring our time clock rules: Can we dock their pay?

04/23/2013
Q. Many of our 60 employees fail to correctly clock in or out and it’s creating major payroll issues. I’ve met with employees who are chronic time-clock abusers and placed warnings in their files. Can we dock an employee for failing to clock in or out?

Check no longer in the mail: The case for direct deposit, paycards

04/22/2013

Most employees ditched paper checks in favor of direct deposit decades ago. So your job is done, right? Wrong. Some employees remain wary of direct deposit. How can you eliminate those pesky paper checks once and for all?

Beware payroll ‘phishing’ schemes

04/19/2013
Federal law enforcement authorities urge employers that outsource payroll operations to be on the alert for phony emails from third-party providers.

Better late than never: Refunds of ‘excess’ transit benefits

04/19/2013
Tax season just came to a close for most taxpayers. Exception: A late-season update to the IRS’ website informs employees who had more than $125 a month withheld for qualified mass transit benefits during 2012 on how to claim a refund for their excess income and FICA taxes.