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Compensation & Benefits

Contract conundrum: Pay lawyer now, or pay employee later?

07/27/2009

Confusing contract language did not cost a New Jersey car dealer millions of dollars, but in this economy, who can afford to lose even a little?

Can a former employee demand that we pay her for unused vacation and sick leave?

07/27/2009

Q. A former employee is demanding pay for her unused vacation and sick leave. Must we pay her?

Punish employee if you uncover poor work during FMLA leave

07/27/2009

Some employees think that taking FMLA leave gives them complete protection from disciplinary action. That just isn’t so. For example, when an employee takes FMLA leave, her work may have to be redistributed. If, during that process, you discover that the employee had been doing a poor job, you can take disciplinary action against her.

State wage & hour inspector took $1.86 million in bribes

07/27/2009

Joseph Rivera, senior investigator for the New Jersey Department of Labor and Workforce Development’s Wage and Hour Division, pleaded guilty in a Camden courtroom to taking $1.86 million in bribes from temporary labor firms …

Want healthier staff? Cash incentives work best

07/24/2009

First, employers suggested. Then, they encouraged. Then pleaded. Now more U.S. employers are turning to the almighty dollar to get their employees to change their pound-packing, chain-smoking, sedentary ways. Despite the sour economy, more employers are creating and expanding wellness programs in recent years. And they’re increasingly turning to financial rewards and penalties to increase participation.

Be sure to document if worker says she doesn’t need leave

07/24/2009

If an employee rebuffs your offers to consider her for ADA accommodations or FMLA leave, make sure you document her desires. That way, she can’t come back later and claim you didn’t accommodate her or give her leave.

Is FMLA leave optional when employee has adequate sick leave to cover her absence?

07/24/2009

Q. We have an employee who is going on eight weeks’ leave for a qualifying serious health condition. She isn’t requesting to use FMLA leave because she has enough paid sick leave. Can employees choose not to use FMLA leave even though they qualify?

Help! I’m confused about comp time, flextime

07/24/2009

Q. Can you please clarify if and when we can offer comp time to our employees? What’s the difference between comp time and flextime?

Can an employee earn sick time while out on workers’ comp?

07/24/2009

Q. One of our employees is out on workers’ comp. Our contract says “no sick time will be lost or deducted” while employees are out on workers’ comp. But now he wants to know if he continues to accrue sick time and holiday pay while not working. Does he?

How can we legally combat tardiness?

07/24/2009

Q. Some of our admin assistants are good employees, but they’re constantly late. What can we do to get them to come to work on time?