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Compensation & Benefits

How should we count FMLA leave when both parents work for the same company?

12/09/2009

Q. Our company employs a husband and his wife in different departments. Their daughter has been diagnosed with a serious medical condition that requires hospitalization for extended periods of time. The couple wants to know how much time they are entitled to under the FMLA to care for their child. Our company policy provides that spouses employed by the company can get only a combined total of 12 weeks to care for a sick child. Is that a correct application of the law, or does the FMLA prevent us from implementing such a policy?

A worker is asking us for a loan: How can we set up a legal repayment plan?

12/09/2009

Q. An employee wants to borrow $2,000 from the company to cover a family emergency, and we’re willing to make the loan. How should we structure the loan and repayment terms so we can deduct a certain amount from the employee’s bimonthly paycheck? We also want to be able to deduct the balance of the loan from the employee’s final paycheck in the event he is terminated before completely repaying the loan.

Eaton Neck Fire Department settles age discrimination suit

12/09/2009

The Eaton Neck Fire Department agreed to settle an EEOC age discrimination suit that challenged the department’s practice of not allowing the time firefighters serve after their 65th birthdays to count toward length-of-service awards. And those awards are critical to firefighters because they’re used to calculate pension benefits.

Beware professional exemption if college degree isn’t required

12/09/2009

Before concluding that a white-collar and seemingly professional skilled and scientific job is exempt from overtime, get expert advice. Blindly deciding that the job is exempt may mean trouble down the line.

Paterson: ‘Shared Work’ saved more than 10,000 jobs last year

12/09/2009

New York’s Shared Work program, which allows companies to cut hours rather than lay off workers, saved 10,500 jobs in the first eight months of 2009, according to Gov. David Paterson.

Is it legal to pay just a partial day’s pay for employees who work less than a full shift?

12/09/2009

Q. We scheduled an hourly employee to work a full day, but he worked only part of the day because we didn’t have enough for him to do. With the slowdown in our business, we expect this will be happening with this and other employees more frequently.Do we have to pay hourly employees for a full day of work or just the actual number of hours worked?

Worker who leaves to give birth can’t collect unemployment

12/08/2009

An Ohio appeals court has ruled that an employee who quits to have a child and isn’t otherwise eligible for maternity leave isn’t entitled to unemployment.

Side by side: How the House and Senate health care reform bills compare

12/08/2009

The Senate is burning the midnight oil and working weekends to pass its version of health care reform legislation. The House has already approved its own package. Here’s SHRM’s analysis of how the two bills stack up, along with its take on the relative merits of each provision.

Tell those on FMLA leave: No working from home

12/08/2009

Because FMLA leave is an entitlement, employers aren’t allowed to interfere with it. Interference can include things like requiring employees to perform work during their leave. That’s why it’s important to make arrangements for getting work done without requiring assistance from the employee on leave.

IRS making list, checking it twice to spot end-of-year awards cheats

12/08/2009

Nothing takes the shine off an employee achievement award faster than having to pay taxes on its value. The IRS is on the lookout for awards that really amount to bonuses, but it’s entirely possible to design a recognition program that doesn’t cause tax liability for your employees—and is fully tax deductible for your organization.