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Compensation & Benefits

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?

Personal liability for wage claims

09/14/2009

Q. The attorney for one of my former employees sent a letter demanding payment for overtime compensation. The letter threatened to sue me personally, along with my corporation. I understood that only the employer—the company—and not the CEO or owners of the corporation could be sued under employment discrimination laws. Can I be sued personally for wage-and-hour claims?

OK to forgo lawyer in most unemployment cases

09/11/2009

Thanks to a recent appeals court decision, employers no longer have to hire attorneys to fight unemployment compensation cases. Employers can represent themselves or use the assistance of representatives who aren’t lawyers.

Beware discipline for FMLA-related tardiness

09/11/2009

It may be terribly annoying and very disruptive, but it is also the law: Employees eligible for intermittent FMLA leave are entitled to take that leave at the beginning of their scheduled shifts if they need to. While that may make them late for work, you can’t punish that tardiness as long as the employee follows your call-in policies and the underlying reason for being late is related to intermittent FMLA leave.

You have the go-ahead: Fire employee if you discover problems during FMLA leave

09/11/2009

When an employee takes FMLA leave, chances are you’ll have to replace him with a temporary employee or assign the work to others. What happens if the fill-in worker discovers that the employee currently out on FMLA leave wasn’t doing as good a job as you thought? Can you then fire the employee while he’s on FMLA leave?

Chicago investment guru ‘stripped’ of $50 million

09/11/2009

The U.S. Department of Labor has obtained a $50 million judgment against Chicago investment advisor John Orecchio for using money from six union pensions for his own private business interests. According to the SEC, Orecchio used pension assets to pay for private jet travel, Super Bowl tickets, construction at his Michigan horse farm and renovations to a Detroit strip club he owns.

Minnesota cracks down on workers’ comp cheats

09/10/2009

Technological breakthroughs have enabled Minnesota’s Department of Labor and Industry to identify and fine more employers that fail to carry the proper workers’ compensation coverage. Preliminary figures show that the department fined 516 Minnesota employers for having insufficient coverage in fiscal year 2009, up from 210 in FY ’07.