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Compensation & Benefits

Workers’ comp marijuana denial goes up in smoke

12/11/2009

After an apprentice for construction contractor Lenny Szarek Inc. fell through a hole in a second-story floor, he tested positive for marijuana and cocaine. Based on the drug test results, the company’s workers’ comp carrier denied the claim. But the Illinois Industrial Commission reinstated his claim …

Congress is considering five paid sick days for H1N1 exiles

12/11/2009

H.R. 3991 would guarantee workers with contagious diseases, such as the H1N1 flu virus, up to five paid sick days if their employer “directs” or “advises” them to stay home or go home due to the illness.

What are the new FMLA military leave protections?

12/11/2009

Q. I understand that the FMLA military leave rights have been expanded. Can my employees request leave to care for a family member who is a veteran undergoing medical treatment?

Make sure attorney coordinates your response to disability retirement claim and ADA defense

12/11/2009

Employees who manage to win both disability retirement benefits and an ADA case get the best of all possible worlds—a regular retirement check, plus a lump-sum jury award for their employer’s failure to accommodate their disability. Employees can pursue both claims if they can show that, with an accommodation, they could have performed their jobs. But if it’s very clear from their testimony in the disability retirement case that they couldn’t possibly perform their jobs under any circumstances, then their ADA cases will be dismissed.

Contractor or employee? IRS launches audit blitz

12/10/2009

If your organization uses independent contractors, watch out: Starting in February, the IRS will begin intensive audits of 6,000 randomly selected employers. One key target: identify employers that are improperly misclassifying employees as independent contractors. If your company is selected for audit, follow good IRS examination management practices:

What to do when execs undermine your HR policies

12/10/2009

Q. “For years, we’ve granted two employees—a married couple—extra unpaid leave for vacations. We recently notified employees that additional time off would no longer be given. But the owner sees no problem making an exception for this couple, even while other employees have to live with the new rule. How should I handle this?” Readers of The HR Specialist Forum weighed in with answers:

12 trends to watch as 2010 economy rebounds

12/09/2009

The cost cutting and headcount reductions might not be over yet, but as the economy begins its slow recovery, HR pros are reporting fewer layoffs, a renewed focus on retention—and even a talk of pay raises! Still, the flush workplace of 2006 isn’t likely to rush back into vogue. Here are 12 lingering adjustments—all with comp and benefits implications—that could outlast the recession:

Downsizing? Transfers cut unemployment claims

12/09/2009

These are tough economic times and lots of employers find themselves having to make difficult financial decisions. When those decisions include shutting down a store or branch location, employees who lose their jobs may be eligible for unemployment. But when former employees collect unemployment, unemployment insurance costs go up for employers. One way to cut your potential unemployment comp liability is to offer the employees a transfer to another location.

State unemployment fund running deeply in red

12/09/2009

The best estimates are expected to show that Minnesota’s unemployment insurance fund spent about twice what it took in during 2009. With state unemployment running at about 7.6%, the state has paid out approximately $1.6 billion in benefits in 2009, but only taken in about $850 million.

Some relatives now eligible for unemployment compensation

12/09/2009

Until recently, people employed in small businesses owned by their close relatives weren’t eligible for unemployment compensation. However, in late 2008, the Legislature changed the law to allow benefits if the relative had worked for the business for at least 16 quarters and earned more than $7,500 per quarter.