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Compensation & Benefits

Go ahead and grant ‘disability leave’— but don’t assume employee is disabled

12/23/2009

Employees sometimes assume that if their employer approves a request for disability leave, they must be disabled and are therefore entitled to reasonable accommodations when they return to work. That’s simply not the case. Many times, what’s called “disability leave” is really FMLA leave, based on the employee’s serious health condition. But those conditions are frequently temporary and wouldn’t qualify as a disability under the ADA.

How should we handle partial days off for our salaried business manager?

12/23/2009

Q. We’re a nine-physician medical clinic, and we employ a salaried business manager. Her duties include personnel, hiring, firing and office work. We don’t give her comp time or overtime pay. If she takes a partial day off, she must use vacation time (paid time off). Are we handling this correctly?

Philly area hospital workers lose lunch break, file lawsuit

12/23/2009

Workers at nine Philadelphia area hospitals have filed a class-action overtime lawsuit claiming the hospitals’ practice of automatically deducting lunch periods deprives them of overtime pay.

OK to tie incentives to continued employment

12/22/2009

The Supreme Court of California has ruled that employers are free to develop incentive payment plans that reward loyalty by requiring employees to stay for a period of time before earning the full benefit.

Obama signs COBRA subsidy extension; workers—and HR—breathe easier

12/22/2009

Just in time for the holidays, President Obama on Dec. 21 signed legislation to extend the government’s popular 65% subsidy of COBRA benefits. Laid-off workers are breathing a little easier—and so are HR pros, who would have had to untangle a logistical knot if the extension hadn’t been enacted.

New rule on partial-day absence

12/22/2009

On Nov. 23, the California Division of Labor Standards Enforcement issued an opinion letter stating that employers may deduct vacation and sick leave banks for exempt employees’ partial-day absences of fewer than four hours without risking their exempt status.

Time out! Who’s taking holidays when in 2010?

12/22/2009

As the New Year approaches, it’s time to pull out your calendar and compare the paid holidays you’ve got planned with those of your HR counterparts across the nation. Most employers recently told SHRM that their 2010 schedules will look a lot like 2009’s—with one exception.

Joint-employer status may come down to who cuts the paychecks

12/22/2009

You may be liable for wage-and-hour violations involving people you don’t ordinarily think of as actual employees. That’s because California uses a long list of factors to consider when deciding whether someone is an employee. One of those factors: Who provides the individual’s paycheck and makes tax deductions? Another factor: Who gives directions to the worker?

Shoe’s on other foot now as Puma agrees to wage settlement

12/22/2009

Puma North America has agreed to settle a class-action lawsuit alleging that it failed to pay on time about $350,000 to hundreds of employees. Judge Valerie Baker Fairbank conditionally certified the class to include the company’s hourly, nonexempt retail store employees who received late paychecks between 2004 and 2008.

Companywide bonuses take wing at American Airlines

12/21/2009

Business and vacation travel may be down, but American Airlines says customer satisfaction is up—and is rewarding about 71,000 employees for making it happen. The Fort Worth, Texas-based airline awarded $10.6 million—about $150 per employee—to staffers who helped the organization achieve its fourth-quarter 2009 customer satisfaction goals.