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Compensation & Benefits

Can Native Americans refuse to provide an SSN?

02/09/2012
Q. A new hire is refusing to provide his Social Secur­­ity number because he does not want taxes withheld from his paycheck. He argues that since he is Native American, the U.S. government is not entitled to tax him. Is he required to provide this information? Can we withdraw our employment offer if he continues to refuse?

OK to pay salary for nonexempt position?

02/09/2012
Q. We are hiring for a new position that does not meet any exemption under the Fair Labor Stand­­ards Act (FLSA). However, we think there will be more interest in the job if we pay a salary. Can we still compensate on a salary basis even if the position is nonexempt?

Employee quit for better job? Beware unemployment liability

02/09/2012
Sometimes, a new job doesn’t work out—and the new kid on the block is the first to be let go in a downturn. That’s when his previous employer may be in for a surprise.

Beware ‘aggravated misconduct’ firings–unemployment benefits hang in the balance

02/09/2012
Employees who commit “aggravated misconduct” and are terminated may not be eligible for unemployment compensation benefits. Therefore, some employers may assume that when an employee is arrested and charged with a felony related to work, it makes sense to fire the employee. Not necessarily.

Accommodate–don’t dismiss–disabled worker

02/09/2012
Disabled employees may have trouble doing their jobs without an accommodation. If you simply tell the employee to figure out a way to perform the job and refuse to help find an accommodation, the em­­ployee may quit and apply for unemployment.

IRS says cellphone tax rules apply to tablets, too

02/09/2012
The IRS recently announced that the rules regarding em­­ployees’ tax-free use of cellphones and smartphones also apply to tablets, such as iPads.

SSN verification service responses now gender-free

02/07/2012
This isn’t good news for employees named Chris, Pat or Robin. The Social Security Administration has announced that it has removed the verification of gender from its Social Security Number Verification Services (SSNVS).

Focus now on insurance renewal for 2013

02/06/2012
For most employers, open enrollment for health insurance benefits in 2012 has come and gone. So now’s the time for comp and benefits professionals to start planning for the next health insurance renewal go-round. An early start will give you a fighting chance to keep costs under control in 2013.

Quit over offensive graffiti? He can get unemployment

02/03/2012
Here’s another reason to act fast when an employee complains about offensive graffiti in the workplace: He can quit and collect unemployment compensation benefits.

Pay cut for poor work? Document carefully

02/03/2012
If an employee isn’t working as hard as you expect, reducing his pay might conceivably provide enough of a kick in the pants that he’ll pick up the pace. As long as you carefully document why you are making the pay cut, he won’t win a discrimination case even if his pay puts him at a lower level than others outside his protected class who perform the same job.