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Compensation & Benefits

Ask for clear notice of FMLA condition

10/08/2008

Employees who need FMLA leave to deal with serious health conditions are supposed to let their employers know. Employees don’t have to use the words “FMLA leave” when they request it, but they must give their employers enough information to reach the reasonable conclusion that the employee has a serious health condition. Simply calling in sick isn’t enough …

State agencies grapple with personnel moves to meet budget

10/08/2008

State department heads have taken different approaches to achieve the $2 billion in budget cuts mandated by Gov. Rod Blagojevich for this fiscal year. The Department of Children and Family Services cut 179 positions and planned to transfer 127 workers to vacant spots in more-urgent areas …

Minutes—not just hours—count when figuring FMLA eligibility

10/08/2008

When it comes to getting paid, every minute matters in wage-and-hour cases. Does that same rigid rule apply to the FMLA?
The U.S. 7th Circuit Court of Appeals in Chicago has now said you had better use your stopwatch when it comes to counting work time that applies to FMLA eligibility. Every minute counts toward the 1,250-hour minimum employees have to work in a year …

Things not to say during government hearings

10/08/2008

Betzy Cowan, who worked for McLean County Clerk Peggy Ann Milton, has filed a complaint with the state Department of Labor (DOL) seeking $3,000 in unpaid overtime. Testifying in a misconduct hearing against Milton last year, Cowan said her boss frequently asked her to shuttle Milton’s children home on county time …

New law brings oversight to outsourced HR

10/07/2008

Gov. Bill Ritter recently signed into law the 2008 Professional Employer Organizations Modernization Act, which promises greater security for small businesses that rely on PEOs to provide outsourced HR management, employee benefits, payroll and workers’ compensation services …

Nov. 4 ballot initiatives may change Colorado employment law

10/07/2008

November’s election has special implications for Colorado employers because a number of ballot issues involve employment law. The ballot features dueling initiatives: four measures brought by organized labor in response to three measures sponsored by business interests …

OK to waive workers’ comp?

10/07/2008

Q. Can an employee waive coverage under workers’ comp laws? …

Holiday parties: Don’t let best of times become worst of times

10/07/2008

By exerting proper control over your holiday party this year, you can reduce everyone’s worries concerning the annual fete. Most important, careful planning will help your company avoid lawsuits as you ring in the New Year.

Can an employer deduct hours for employee meal breaks?

10/07/2008

Q. My company deducts 30 minutes from each day’s recorded time for employees’ meal periods. Is this proper? …

How can we avoid wage-and-hour class action lawsuits?

10/07/2008

Q. I keep hearing about wage-and-hour class actions, where workers claim they were not paid properly because they were misclassified as exempt, not paid for all hours or not paid the correct overtime rate. What can I do to minimize this risk? …