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Compensation & Benefits

Don’t break wage promises to visa holders

08/01/2006

Employers who rely on the expertise of foreign scientists, engineers and nurses would be wise to review the processes they use to recruit and pay employees under H-1B visas. The EEOC has taken a keen interest in whether promises made to induce foreign talent into the United States are being honored. And more visa holders are hiring lawyers and suing for broken promises …

1099s won’t instantly create independent contractors

07/01/2006

Q. We hire seasonal temps and have them sign a policy that says their employment will end at a certain date. We’re aware of the unemployment responsibilities that come with being the last employer on record. If temps are hired with 1099 status, will our company still be responsible as the last employer on record and held liable for unemployment benefits? If we use a temp agency, are we liable? –B.B., New York

At job review, take notes on employee’s comments

07/01/2006

DuPont engineer Godwin Igwe filed a discrimination lawsuit, claiming the company denied him bonuses and promotions because of his national origin. But DuPont successfully defended the suit because its records showed that Igwe said he understood and accepted his demotion because of funding cuts in his department …

Help trim health costs by reviewing claims error data

07/01/2006

Health insurers make a surprising number of errors on claims, which can drive up your organization’s premiums and claims costs. Act now to identify money-wasting holes in your health plan with a full audit or a simpler checkup …

Consistency Erases Risk of Light-Duty Jobs

07/01/2006

Employers who use light-duty programs to cut workers’ compensation costs often make one big legal mistake: They apply their policies haphazardly, allowing some employees to take light-duty jobs, but not others. That inconsistency is the fastest way to trigger discrimination lawsuits …

Use payroll deduction to collect unpaid premiums

07/01/2006

Q. An employee went on FMLA leave, but we failed to specify the method in which he would pay his share of health insurance premiums. It’s now three months later, the employee has returned to work and he hasn’t paid a dime. We want to collect the premium. What can we do? —D.T., Texas

Look deeper into dubious intermittent FMLA leave

07/01/2006

Q. If an employee calls off intermittently for migraine headaches, how can we verify the real reason for the leave? Can we ask for information each time the employee is absent? —J.M., Illinois

Placing Employee on ‘Involuntary’ FMLA Leave Is Perfectly Legal

07/01/2006

When an employee calls in sick with an apparently serious ailment, you can place that employee on FMLA leave, even if he or she never asks. f you reasonably believe she has a serious health condition, you can start the 12-week FMLA-leave clock ticking …

Use lots of independent contractors? Heed new legal risks

07/01/2006

Same work, fewer expenses and less hassle. That’s the perceived advantage of using independent contractors. And the mantra has its appeal. But many employers have opted for freelancers only to find a new set of problems: lack of control, unreliable workers and, in some cases, litigation …

Cut turnover by teaching managers how to respect staff

07/01/2006

Employees who feel less respected by their superiors are more likely to jump ship. The lesson: Treating workers with respect and dignity is ultracritical to retaining good workers, especially in a hot job market …