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Compensation & Benefits

Clocking in and out: Can we round up or down?

01/01/2008

Q. My company tracks the hours of nonexempt employees through the use of a time clock. In determining the wages to be paid an employee, can we round up or down to the nearest five-minute increment? …

How do California and federal laws treat surrogate motherhood?

01/01/2008

Q. One of our employees announced that she has agreed to become a surrogate mother. What, if any, kind of leave are we required to provide to her? …

Working around employees’ jury duty obligations

01/01/2008

Q. What are California employers’ obligations with regard to workers who are called to serve on a jury? We often find our schedules disrupted, especially when the employee on jury duty gets stuck on a long trial …

Changing benefits plans? Make transition accurate, timely

01/01/2008

Benefits are increasingly expensive to provide, and sometimes employers have to make changes to remain competitive. Be aware, though, that you need to implement any benefits changes with great attention to detail. Make certain the summary plan description is accurate, and that the underlying insurance documents are also correct …

FLSA—Not state law—Provides remedy for W&H violations

01/01/2008

Lawyers representing employees in class-action wage-and-hour cases often look for ways to boost the amount of damages they can collect. One of the most common ways to do that: Bring in a host of state laws to set the employer’s punishment. That won’t work any longer in North Carolina and other Mid-Atlantic states. The 4th Circuit Court of Appeals has rejected the tactic …

Class-Action status granted for disgruntled immigrant workers

01/01/2008

A Mexican woman has been granted permission to serve as the lead plaintiff in a class-action lawsuit against a company that recruits and places temporary agricultural workers on farms and other agricultural operations in North Carolina and other states. The woman claims that International Labor Management Corporation purposely placed women in less lucrative temporary visa programs than men …

Tar Heel tickets a political football for Edwards’ campaign

01/01/2008

When Democratic presidential candidate Sen. John Edwards returned to the University of North Carolina (UNC) to establish a poverty think tank in 2005, his salary was a matter of public record. But what the press really wanted to know was how many Tar Heel athletics tickets did he try to get? …

Must we allow employee smoking breaks?

01/01/2008

Q. We have a number of employees who smoke cigarettes and want to take breaks in order to light up. Is an employee entitled to smoking breaks during the workday? …

Do parents get leave for school events?

01/01/2008

Q. We have several employees who have children in school and sometimes want to leave work early to attend recitals, sports events and other school activities. Are employees who are parents entitled to a leave time to attend their children’s school activities? …

FMLA leave for small employers

01/01/2008

Q. If an employer is not covered by the FMLA, is the employee entitled to leave time for the birth of a child, the employee’s serious medical condition or the serious medical condition of a family member? …