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Compensation & Benefits

Offering extra leave beyond FMLA? You don’t have to extend job return rights

11/09/2009

Employees who take FMLA leave are entitled to be reinstated to their jobs if they return to work when their 12 weeks off expire. But many employers provide additional time off. But if employers grant that additional leave, they don’t have to reinstate the employee to the same or an equivalent position when she returns.

Don’t automatically grant FMLA leave for stress

11/09/2009

Employees often claim their jobs stress them out. And for some, it’s so bad they feel they need to take off work for a week or so to cope. That doesn’t mean, however, that they’re automatically entitled to use FMLA leave.

Beware RIFing worker who’s out on FMLA leave

11/09/2009

Employees returning from FMLA leave are entitled to reinstatement to their former jobs or equivalent positions. However, an employer can terminate an employee while she’s out on FMLA leave if it can show it would have done so anyway even if the employee hadn’t taken FMLA leave. But be careful …

New law: N.Y. employers must spell out pay for new hires

11/09/2009

An amendment to Section 195(1) of the New York Labor Law now requires New York employers to give new employees written notification of their regular and overtime rates of pay and their regular payday.

Be ready to explain male/female pay disparity—dating back to the time salaries began to diverge

11/09/2009

Since Congress passed the Lilly Ledbetter Fair Pay Act, employers have again been in the position of having to defend paying men and women differently—and sometimes that means going back many years, to the time when pay scales began to diverge. If you can’t show a court that the decision you made years ago was legal under the Equal Pay Act, the employee may win.

What wage-and-hour records must we track?

11/09/2009

Q. What are my responsibilities as an employer for maintaining employees’ wage records?

Cincinnati, Columbus shine on working mothers list

11/09/2009

Ohio fared well in a recent Forbes magazine ranking of how hospitable the nation’s 50 largest cities are to working moms. Cincinnati ranked the nation’s sixth-best metro area for working mothers, while Columbus came in 13th.

What counts as a true meal break?

11/04/2009

Q. Sometimes we hold important meetings at lunch and provide food. An employee then takes her lunch hour after. Can we tell her she can’t do that?

Sears pays $6.2 million in record-setting ADA class-action settlement case

11/03/2009

Sears agreed last month to a $6.2 million settlement with the EEOC over charges that it violated the ADA. This is the largest ADA settlement in a single lawsuit in ADA history.

Families of veterans, service members get new FMLA rights

11/03/2009

You wouldn’t think a Pentagon budget bill would affect HR, but the 2010 Department of Defense appropriations law does—by expanding the military family leave amendments to the FMLA that were enacted last year. The legislation provided two new kinds of leave for employees with close relatives serving on active duty in the armed forces: