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Compensation & Benefits

Employees’ pockets picked while being frisked?

03/04/2011
Employees at Century 21 Department Stores in New York City and Long Island undergo searches every time they leave the store for breaks and at the end of the day. They say the process sometimes takes 15 minutes or longer. The problem: Century 21 makes them clock out first. Employees say that violates the FLSA.

What can employers opting out of workers’ comp do to minimize the threat of lawsuits?

03/04/2011
Q. My company is a nonsubscriber under the Texas Workers’ Compensation Act and has its own on-the-job employee injury benefit plan. Is there any way to decrease the likelihood of employees who receive benefits under the plan later suing the company and recovering damages related to their injuries?

Will bonuses affect employees’ ‘regular rate’ when calculating overtime pay under the FLSA?

03/04/2011
Q. We want to offer incentive bonuses to hourly workers in order to increase business and productivity. Will these bonuses affect the employees’ “regular rate” under the Fair Labor Standards Act (FLSA) for purposes of overtime calculation?

Good record-keeping, constant contact are key to successful FMLA administration

03/04/2011

Smart employers carefully track FMLA leave and make sure employees know their rights. That includes warning employees when their leave is about to expire and explaining their options for returning or requesting additional time off. By keeping employees informed and meticulously tracking all conversations, you make it harder for someone to successfully sue you.

Texas deadlines tighter than Ledbetter Act’s

03/04/2011
A Texas appeals court has ruled that the Lilly Ledbetter Fair Pay Act of 2009 doesn’t change the deadline for filing a claim under the Texas Labor Code. Employees still have to use the pay decision date as the start of the filing deadline.

Tell bosses: Don’t play doctor with the FMLA

03/04/2011

When an employee asks for and is granted FMLA leave, absences that occur during the approved leave can’t be held against him. That includes days when he might be able to work but, according to doctors, shouldn’t do so. According to a Texas court, that means employers can’t retroactively assess absenteeism points during FMLA leave.

Can we require employee to use Medicare?

03/04/2011
Q. We have an older employee who is now eligible for Medicare. Can we require him to take Medicare coverage instead of our health plan?

Health law repeal dies in Senate; now look for business groups to seek piecemeal changes

03/02/2011
Although the House of Representatives passed legislation in January repealing President Obama’s health care reform law, the bill arrived DOA in the Senate. Now look for opponents to push piecemeal changes to the law. Where do businesses want them to start?

PTOs go mainstream; benchmark your plan

03/01/2011
Paid time off (PTO) plans have shot up in popularity in recent years and now are nearly the majority type of employee leave program at U.S. organizations. Use the following data from the recent Paid Time Off Programs and Practices survey by WorldatWork to benchmark your organization’s PTO practices.

Can we make direct deposit mandatory?

02/28/2011
Q. Can a business require employees to use direct deposit to receive their pay?