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Compensation & Benefits

ERISA: No need to defer to employees’ physicians in disability disputes.

07/01/2003
When a dispute arises over whether an employee’s injury makes him eligible for disability benefits, you don’t have to defer to the employee’s personal …

Don’t make promises the company might not keep

07/01/2003
Issue: Courts will make your company follow through on oral promises you make about benefits.
Risk: You or an ill-informed manager could inadvertently force your company to provide benefits it …

Bonus plans don’t erase your overtime obligations

07/01/2003

Q. We plan to roll out an incentive plan for all employees. The incentive would be calculated monthly but paid quarterly in addition to regular pay. As part of the plan, we are eliminating overtime. Can we still have employees punch in to monitor attendance or can that come back to haunt us if they work extra hours to reach the incentive threshold? —J.B., New Jersey

Revamp your COBRA notices; Labor floats new rules

07/01/2003
You and your health plan administrator will have to provide more specifics on COBRA rights to employees under new rules proposed by the U.S. Labor Department. The proposed …

Revamp your COBRA notices; feds float new rules

07/01/2003
Issue: New Labor Department proposals add paperwork burden.
Risk: Using outdated COBRA notices puts you on the government’s hit list, resulting in fines up to $110 per violation, per day. …

Behavior change can spark FMLA notice

07/01/2003
Perk up if an employee’s spotless performance suddenly deteriorates. That alone, even if the employee never mentions a word about a health condition, …

Stop FMLA moonlighters with strict ‘no moonlighting on leave’ policy

07/01/2003
It seems crazy that your employees can use their allotted 12 weeks of annual job-protected leave under the Family and Medical Leave Act (FMLA) to work at a second job. But …

FMLA: State workers can sue for FMLA violations, too.

07/01/2003
In a shift from its recent trend of holding states immune from federal law, the Supreme Court affirmed the right of state employees to file lawsuits relating to the Family …

Comp-time reform bill dealt
major setback in Congress

07/01/2003
Legislators shelved a bill last month that would allow private-sector companies to offer compensatory time to employees in lieu of overtime pay, due in large part to intense protests from organized …

Cosmetic surgery usually won’t qualify for FMLA leave

07/01/2003

Q. One of our employees is having cosmetic surgery and plans to take leave. Would that fall under the FMLA, or would it be a leave of absence? —K.H., Connecticut