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Florida

What’s the hourly rate for family member caring for employee out on workers’ comp?

02/12/2009

Q. One of our employees was injured at work and is now receiving workers’ compensation benefits and leave. One of his family members provides attendant care for him. What hourly rate of pay should this family member receive for her services?

Employee wants FMLA leave: Can we contact her health care provider?

02/12/2009

Q. When one of our employees requested FMLA leave, we asked for medical certification of a substantial health condition from her health care provider. We received the form, but cannot read some of the physician’s handwriting and do not understand some of the responses. We also need additional information not requested in the medical certification form. Can we seek clarification from the health care provider?

At what point does retired worker become ineligible for PTD workers’ comp?

02/12/2009

Q. If an injured worker has a catastrophic injury under Florida’s Workers’ Compensation Act and subsequently retires, does that mean the employee is not entitled to permanent total disability (PTD) workers’ compensation benefits?

Employers cut ’09 salary budgets; raises fall below 3%

02/01/2009

Remember those surveys last summer forecasting steady 3.6% salary increases for 2009? Forget about it. U.S. workers, on average, are now projected to receive annual merit increases of between 2.3% and 3.0% …

Obama signs Ledbetter Act, easing path for pay-bias suits

01/29/2009

President Obama signed the Lilly Ledbetter Fair Pay Act on Jan. 29, making it easier for women and others to sue for pay discrimination that may date back decades. Drafted in response to a 2007 U.S. Supreme Court decision that said employees had at most 300 days to file pay discrimination complaints, the new law counts each unfairly low paycheck as a fresh discriminatory act.

OK to let divisions set own promotion criteria

01/13/2009

Having similar-sounding titles and rates of pay  doesn’t necessarily make positions interchangeable. That’s what one employee who was turned down for a promotion in her division learned when she sued for alleged race discrimination.

Keep solid records to show FMLA eligibility

01/13/2009

Employees who have worked for their organizations for more than one year total and have worked at least 1,250 hours in the 12 months preceding their need for FMLA leave are eligible for unpaid FMLA leave for their own serious health condition or that of a relative. If employees haven’t reached 1,250 hours, they’re not eligible. That’s why it’s important to track every hour worked.

Gulf Beaches librarians allege bias among the bookshelves

01/13/2009

Jan Horah, a former director of the Gulf Beaches Public Library, and Harriet Thompkins, a former assistant director and reference librarian, have threatened lawsuits challenging their terminations. The women, who are black, claim they were terminated abruptly in November in violation of their contracts.

Make sure ‘executive exemption’ fits, or you could be liable for huge FLSA damages

01/13/2009

Don’t make one of the most common mistakes HR managers do when classifying employees as exempt—by relying on the so-called “executive exemption” for employees you call managers and supervisors. Unless you can back up your claims with solid proof, your organization could be on the hook for an expensive jury award.

Watch out for rogue managers who bring hidden biases to hiring, promotions

01/13/2009

If the workplace rumor mill tells you that one of your managers or supervisors may harbor antiquated ideas about equality, watch out—especially if he or she has any input into hiring and promotion decisions. Instead, investigate the rumors and take a look at past hiring practices.