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Compensation & Benefits

Get legal advice to make sure contractors aren’t employees

09/01/2007

California’s unemployment compensation law requires employers to pay into the system for all employees. Independent contractors, on the other hand, are on their own. That might make it tempting to redefine some employees as independent contractors. Don’t do so without careful guidance from your attorney! …

Q&A: Thanks for the two-Week notice … Now clean out your desk

09/01/2007

Q. If an employee resigns and gives two weeks’ notice, can the employer tell the worker that he or she is not needed for the two weeks and avoid paying the person for that time? …

The legal risks of employee loitering: How ‘Hanging around’ can hang you out to dry

09/01/2007

Here’s another good reason (beyond overtime-pay risks) to discourage employees from hanging around before or after their shifts: If they get hurt, they may be able to sue you directly, rather than going through the workers’ comp system. Here’s how to avoid this legal hazard.

Georgia law requires issuing DOL-800 forms for all separations

09/01/2007

Q. It has always been our practice to issue separation notices only when we involuntarily discharge or lay off an employee, but our new plant manager believes we have to issue them even when an employee resigns voluntarily. What’s the rule? …

Clear Work Rules—Like a No-Lying Policy—Help Employers Beat Unemployment Comp Claims

09/01/2007

One of the most important moves Pennsylvania employers can make to cut unwarranted unemployment compensation liability is to establish clear work rules. Those rules should include a requirement that all employees act honestly. Explain to all employees that violating the honesty rule is grounds for termination …

No unemployment for substitute teachers who turn down equivalent positions

09/01/2007

Employees who work for educational institutions on a temporary basis from semester to semester—substitute teachers, for example—may be eligible for unemployment compensation if they are offered a substantially different position (with lower pay) the next term. But if the new assignment is essentially the same as the previous assignment, they can’t refuse the offer and receive unemployment compensation …

State looking to end-Run ERISA on health care

09/01/2007

The state of Pennsylvania is looking for a way to force employers to pay their share of health care costs without running afoul of the Employee Retirement Income Security Act (ERISA) …

Don’t like bad press? Don’t take up government work

09/01/2007

Joseph Rosenfeld, a former community affairs assistant to the mayor of Allentown, lost a workers’ compensation claim for psychological damage he said he suffered because of bad press over his job performance. Rosenfeld was the subject of some 30 newspaper articles in 1996 alleging he had used his political clout to stop the relocation of a bus terminal to financially benefit his family …

Labor Dept. draws battle lines in the great FMLA fight

09/01/2007

Chances are your employees are happier with the 14-year-old FMLA than you are.  A new U.S. Labor Department report says employees would like to expand the law to create longer leaves and paid leaves. But employers argue that the law’s vague wording (and employees’ ability to play games with FMLA) create legal and productivity nightmares. Here are the main problems employers have with the FMLA, according to Labor’s report …

26 weeks of vacation keep employees on the job

09/01/2007

Clinical laboratories need almost 24-hour coverage at Salt Lake City-based ARUP Laboratories, so employees work in 10-hour shifts around the clock, seven days a week. They’re hardly complaining: After working seven days straight, employees head home and don’t return for a week …