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Compensation & Benefits

Employers—Not employees—Choose ADA accommodation

01/01/2008

Sometimes disabled employees and their employers have different views of the accommodations needed to do their jobs. Fortunately, it’s up to the employer, not the employee, to pick the accommodation. Simply put, the employee isn’t the master of the accommodation—the employer is …

In unemployment comp cases, alcoholism no defense to misconduct discharge

01/01/2008

Alcoholism may be a disability under the ADA and a serious health condition under the FMLA, but that doesn’t mean employers have to tolerate employees who come to work drunk. In fact, being under the influence at work can be misconduct, disqualifying the employee from getting unemployment payments …

Workers’ comp rates look sunny

01/01/2008

Workers’ comp rates will drop 18.4% next year, the fifth consecutive decrease since Florida’s system was overhauled in 2003 …

How to comply with Florida’s Drug-Free Workplace program

01/01/2008

Employers participating in Florida’s Drug-Free Workplace (DFW) program must be careful to follow its strict guidelines or risk incurring workers’ compensation benefit liability. In exchange for lower workers’ compensation premiums, Florida employers can agree to adopt the DFW program …

Women have up to three years to file equal-Pay lawsuits under the EPA

01/01/2008

If you thought last year’s U.S. Supreme Court decision in the Ledbetter case made it clear that employees must file EEOC complaints within 300 days of suffering a discriminatory pay decision, think again. That deadline applies only to sex discrimination cases brought under Title VII of the Civil Rights Act …

Options help Xerox staff cope with illness

01/01/2008

When illness strikes a family member, worry and stress can hurt job performance. Xerox helps employees manage complex diagnoses with a patient advocacy program. Employees who use the company’s Health Systems Management (HSM) program can get information about conditions …

Basic problem stalls pay suit: Plaintiff made lots of money

01/01/2008

Jacqueline Bowbin sued Bulkmatic Transport Inc. for gender discrimination, alleging violations of the Equal Pay Act. In 2006, Bowbin claims, her supervisor told her she would be well into a six-figure salary with bonuses and stock compensation. But that year, Bulkmatic apparently did not award either, companywide. Bowbin cried gender discrimination …

Any negative comments about work injury may lead to lawsuit

01/01/2008

It’s frustrating when an employee you don’t think is seriously injured files a workers’ compensation claim, especially months after the alleged injury. However, you must resist the temptation to react negatively—for example, by bad-mouthing the employee …

No simultaneous challenges in state and federal courts for workers’ comp cases

01/01/2008

A recent federal trial court decision means employees can’t sue to challenge the constitutionality of a Michigan workers’ compensation ruling in both state and federal courts. That’s good news for employers that now won’t have to fight it out in both courts at the same time …

Time spent working on employee suggestion program—Is it work time?

01/01/2008

Q. Our company recently has adopted an employee suggestion program with prizes for employees who make a suggestion that we adopt. I have been asked whether employees who turn in suggestions must be paid for the time they spend on developing their ideas if they work on them at home. Employees are not required to turn in suggestions, but we did make a big deal about the suggestion program with our employees …