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Compensation & Benefits

Rochester paralegal’s job goes up in smoke

09/03/2008

The Supreme Court of New York, Appellate Division, upheld the firing of Karen Kridel, a former paralegal with Dibble & Miller, PC, in Rochester, for taking smoking breaks. Kridel customarily took two five-minute breaks from her work each day to smoke …

Arrests begin following enactment of workers’ comp law

09/03/2008

The president and CEO of the Kingsbridge Heights Care Center was arrested in August and charged with failing to provide workers’ compensation insurance for more than 400 employees …

It’s official: State employees must pay union dues—indefinitely

09/03/2008

In an era when so few things are certain, it must have been heartening to state labor unions when the New York Legislature and Gov. David Paterson granted them permanent access to state workers’ paychecks. In July, Paterson signed into law a bill that requires all public employees in the state to pay dues …

Supreme Court’s tight Ledbetter filing deadline begins to slip

09/03/2008

When the U.S. Supreme Court decided the Lilly Ledbetter case in 2007, employers were thrilled. The court ruled that employees have to move fast after being denied a promotion or experiencing some other allegedly discriminatory act. Otherwise, they lose the right to sue for sex discrimination. But now, that tight deadline is beginning to slip as federal trial courts look for ways to give employees their day in court …

8 strategies: Make flex plans work for you

09/02/2008
Your organization wouldn’t offer flexible work arrangements such as flextime and compressed workweeks if management didn’t believe the benefits outweighed the costs. Yet surveys show that few organizations have formal and consistent policies in place to manage their flex programs.

Do temp employees lessen liability?

09/02/2008

Q. We use a full-service employee leasing company. Are we exposed to liability for employment claims brought by leased employees? …

Aspen joins Vail, Intrawest in offering domestic partner benefits

09/02/2008
The Aspen Skiing Company has announced that it will offer domestic-partner benefits to its employees this fall. Health insurance and ski passes are among the benefits the company will extend to employees’ partners, regardless of their sex … 

Handling layoffs with workers’ comp claims pending

09/02/2008
Q. We need to lay off an entire shift at our assembly plant. A few of these workers are off work or on temporary light-duty jobs as a result of on-the-job injuries. They have workers’ comp claims pending. If we lay off the entire shift, can we lay off the injured workers as well? …

Public employers aren’t immune to FMLA reinstatement requirements

09/02/2008

Public employers aren’t required to abide by all sections of the FMLA because they have limited immunity from federal lawsuits. For example, state employees taking leave under the FMLA’s self-care provisions can’t sue for money damages. But recently the 5th Circuit Court of Appeals has ruled that immunity does not extend to a claim for reinstatement after an employee takes FMLA leave …

Grant maternity leave just as generously as you do other leave

09/02/2008
When it comes to maternity or childbirth leave, women have at least two federal laws that protect them from possible discrimination: the FMLA and the Pregnancy Discimination Act. Employers who understand that the FMLA and the PDA work together aren’t likely to make mistakes that result in lawsuits …