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Compensation & Benefits

Can person be employee and independent contractor?

09/18/2009

Q. One of our full-time hourly employees has started a cleaning business on the side. We pay her a set amount for cleaning the offices on the weekend. Since this is an entirely different position, can we pay her as a 1099 independent contractor for the cleaning work if she’s also a full-time employee?

How to avoid the salary negotiation trap

09/15/2009

It sometimes takes extra money to entice an applicant to jump ship. That’s all part of the hiring dance. But there’s a hidden peril that could land you in court—and cost you thousands. Learn the best practices that will help you defend yourself.

Preparing your workplace for a possible swine flu pandemic

09/15/2009

The United States is facing a swine flu outbreak that has caused the government to declare a public health emergency. Recently, the U.S. Centers for Disease Control and Prevention (CDC) published new guidelines to help employers prepare for flu season and prevent the rapid spread of the H1N1 influenza. Here are the CDC’s suggestions, plus insight on your risks and obligations as an employer …

What’s the new law? Must we now provide health insurance to employees’ adult children?

09/14/2009

Q. I understand that Illinois has passed a new law requiring certain employer-provided insurance policies to cover an employee’s dependents who are up to age 26 (or up to age 30 in some instances). Which employers and which policies are affected by the new law?

Fla. health premium increases outpace pay growth 370%

09/14/2009

Employers probably already know that health care costs grow faster than any other expense they have, but now the nonprofit Families USA has quantified it. According to the group’s study, Floridians’ health insurance premiums have grown at 3.7 times the rate of average earnings since 2000.

FMLA: Treat leave request involving adult children similarly to those involving parents

09/14/2009

Generally, employees aren’t entitled to FMLA leave to care for adult children who suffer from serious health conditions—unless the child is disabled. The test is whether the child suffers from a physical or mental disability that makes self-care impossible.

Mistake on FMLA coverage may not sink employer’s case

09/14/2009

Some good news: A federal court has ruled that an employer that mistakenly tells an employee he is covered by the FMLA isn’t bound by that mistake.

Atten-Hut! Florida gives members of the military additional rights

09/14/2009

The Florida Legislature and Gov. Charlie Crist have given members of the uniformed services—and especially National Guard members—some new and improved employment rights under the Florida Military Affairs Act. They come in the form of amendments to Chapter 250 of the Florida Statutes, which includes the Florida Uniformed Servicemembers Protection Act.

Track rationale for all salary increases

09/14/2009

Employees who discover their colleagues are making more money for doing the same work often conclude that there can be only one reason—discrimination. Next stop: the office of an attorney, who will try to confirm the pay bias by comparing the disgruntled employee’s protected class status to those earning more.

Hourly employees and off-site e-mail access: What are the wage-and-hour rules?

09/14/2009

Q. Several of our hourly employees have requested access to their office e-mail from their iPhones, BlackBerrys and other similar devices. We are inclined to allow this access, but want the employees who receive access to sign express waivers to the effect that they will not be “on-the-clock” while doing so. Can we legally require such a waiver?