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Compensation & Benefits

What kind of time off must we grant for employees to attend school-related activities?

09/16/2011
Q. With the new school year under way, can you ­give me a rundown on the rules governing our obligation to grant workers time off to participate in their children’s school-­related activities?

It follows California contract law: Employees have 4 years to sue for ERISA benefits

09/16/2011
The 9th Circuit Court of Appeals has ruled that former employees who believe they are missing out on ERISA-protected benefits have four years to sue for those benefits after their request is formally denied.

Understand CFRA leave limits: Employees’ reinstatement rights last just 12 weeks

09/16/2011
The Court of Appeal of California has clarified that employees taking California Family Rights Act leave are entitled to reinstatement to the same or an equivalent job only if they return at the end of their 12 weeks of leave or earlier. They can’t take additional non-CFRA leave to ex­­­tend their return rights.

How can we recoup stolen money?

09/16/2011
Q. We just fired an employee after discovering that he stole $5,000 from the company. Do we have to pay the employee his final paycheck or can we apply that paycheck toward the $5,000 he owes us?

Electrolux redux: Ramadan schedules still in dispute

09/16/2011
Last year, Electrolux agreed to adjust its break schedule to accommodate Muslim employees working the evening shift at its St. Cloud plant. The EEOC mediated last year’s agreement in a process that was hailed as a model of cooperation between the employer, employees and the federal government. Problem solved, right? Not so fast.

Lying may mean no unemployment compensation

09/16/2011
Employees who lie when confronted about wrongdoing are ineligible for unemployment compensation benefits—at least if the lie concerned something about which the employer could reasonably expect the truth.

Consult your attorney for expert assistance on workers’ compensation disputes

09/16/2011

Employees who receive workers’ compensation payments for on-the-job injuries are assumed to have retired when they hit age 67. But a recent lawsuit argued that workers’ comp payments had to continue past that cutoff age because an employer had negotiated a legal settlement that didn’t specify that the payments would end at age 67. Fortunately, the Supreme Court of Minnesota has ruled otherwise.

401(k) 101: How to start a plan from scratch

09/15/2011
When cash for pay raises is tight, it’s hard to use that as a carrot to attract and retain em­­ployees. But the uncertain economy has many workers increasingly focused on long-term financial security. That makes retirement benefits all the more attractive. If you don’t currently offer a retirement plan, it might be time to consider establishing a 401(k) plan.

Off-hours training: Paid or unpaid?

09/14/2011
Q. We are requiring some hourly employees to take additional training. Those who work the day shift can attend the training in lieu of work. But employees who work the night shift will have to come in during the day. Must we pay extra for the night shift employees to attend the training?

Employees’ SSNs off limits in FLSA litigation

09/13/2011
The time to confirm employees’ Social Security numbers is when they’re hired, not when you’re slapped with a lawsuit for unpaid overtime and minimum wage violations. A federal trial court has ruled that an employer was out of bounds in requesting this information.