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Compensation & Benefits

Tide turns against employees who sue over stock-based retirement funds that lose money

04/19/2010

Lately, employees have been winning when they sue over profit-sharing or retirement plans based on company stock that rapidly lost investment value. In the wake of the Enron bankruptcy scandal, juries sympathized with workers who paid the price for lousy (or illegal) management. Now, employers are gaining the upper hand again, as courts recognize that companies are often in a no-win situation when it comes to providing stock information.

Of driving time and computer connections: 9th Circuit revisits before- and after-work pay

04/19/2010
Last year we told you about a recent 9th Circuit Court of Appeals decision on whether time employees spend commuting to a remote job site was compensable time. The court ruled that under both California law and the FLSA, driving a company car from an employee’s home to his first job location of the day was not work time but was instead unpaid commuting time. Well, now the same 9th Circuit panel has changed its ruling …

Let employees dress at home to cut FLSA risk

04/19/2010
Here’s a simple risk-reduction measure for employers that require employees to wear a uniform they need to put on before the start of a shift. You can reduce your chances of being on the losing end of a wage-and-hour lawsuit by giving employees the option to suit up at home.

N.C. aims to triple number of nonsmokers

04/16/2010
In an effort to triple the number of workers who quit smoking, the North Carolina state employees’ health plan has added telephone coaching and free nicotine patches to its list of benefits. State Health Director Jeff Engel said the coaching and patches triple a smoker’s chance of quitting, compared with going it alone.

Can we charge worker a fee for lost paychecks?

04/16/2010
Q. One of our employees is constantly misplacing things, like his W-2 forms and his checks. It’s getting annoying. Can we make him pay a fee? We’re thinking this might make him more careful.

Miami-Dade enacts ‘wage theft’ ordinance

04/15/2010

Miami-Dade County employers now have another reason to properly classify employees: On March 1, failure to pay an employee wages he or she is due became “wage theft.” The ordinance is the first of its kind in the nation. According to a county statement, the intent is to allow employees a forum to quickly address pay issues without joining a federal class-action lawsuit.

Lowe’s to offer free employee health screening

04/15/2010
Home improvement giant Lowe’s is offering free health screenings to its employees. Lowe’s partnerships with health care providers mean employees will be able to get free checks of their blood pressure, total cholesterol, triglycerides, glucose, waist size, hip size, weight, height, body fat percentage and body-mass index.

Feel free to impose legitimate discipline, even if employee is out on FMLA leave

04/15/2010

The FMLA provides protected leave for employees who meet the law’s eligibility requirements. That protection includes the right to reinstatement to the same or an equivalent position when the employee is ready to return to work. But that right has limits. Employers are entirely within their rights to continue any disciplinary action they began before the employee went out on leave.

Can we force employees to use vacation days as part of military leave?

04/15/2010
Q. We provide unpaid leave to employees who are called up to serve in the armed forces, in accordance with the terms and conditions the Uniformed Services Employment and Reemployment Rights Act (USERRA). May we require employees to concurrently exhaust any earned but unused vacation that they may have accumulated?

Can we force employees to use vacation days as part of FMLA leave?

04/15/2010
Q. In accordance with the FMLA, we provide up to 12 weeks of job-protected leave to eligible employees for a qualified reason. Leave under the FMLA is unpaid. However, may we require employees to concurrently exhaust any earned but unused vacation time that they may have accumulated?