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Indiana

Aside from normal overtime, is there such a thing as mandatory holiday pay?

01/01/2008

Q. Our business has recently started staying open on certain national holidays, including Thanksgiving and New Year’s Day. One of our employees was adamant that he was entitled to “holiday pay” for the time he worked on Thanksgiving, which he maintained was equal to 150% of his normal wage, even though he was not entitled to overtime that week. Do we have to pay a premium wage to employees who work on a federal holiday? …

Worker receiving disability benefits: Can we substitute unpaid FMLA for paid leave?

01/01/2008

Q. My employee, who is a union member, has a nonwork-related injury that requires a six-week absence from work. In the meantime, she is receiving $300 per week through a union trust fund that provides her and other covered union members with short-term disability benefits. She also has requested and was placed on FMLA leave. We’d like her to substitute any unpaid FMLA leave with paid leave, which is our usual company policy when someone is out on FMLA leave. Is there a problem with doing this in this situation?

‘Unusual’ behavior may signal need for FMLA leave

12/01/2007

Employees who can’t tell their employers they have serious health conditions may still put their employers on notice—and trigger their FMLA rights. “Unusual” behavior alone can be enough to notify a reasonable employer that an employee may have a serious health condition. That unusual behavior can include shouting at a supervisor, a panic reaction or other sudden emotional outbursts …

Train supervisors to keep promotion processes moving

12/01/2007

Have you stressed to supervisors and managers that they shouldn’t let an employee’s promotion paperwork sit on their desks for weeks at a time? If not, do it now. Here’s why: Sitting on a promotion can be an adverse employment action …

One lost lawsuit doesn’t necessarily lead to more

12/01/2007

Has your organization lost a previous race discrimination lawsuit? Ouch! You can bet some of your employees filed away that information for future use. However, you can take heart in a court’s recent decision that having previously lost a discrimination suit doesn’t constitute “proof” that your organization continues to discriminate—unless the new case deals with exactly the same type of alleged discrimination …

Rule against document removal supports legit business need

12/01/2007

Does your organization have a rule against removing company documents from the workplace? If not, consider adding one. Documents should remain on the premises, and allowing them to “walk” can spell big trouble. For example, employees may be tempted to remove and copy documents they think will aid a later lawsuit against the company …

Independent investigations by HR remove bosses’ biases

12/01/2007

If there’s one situation in which the HR function really earns its keep, it’s when an employer faces the prospect of having to discharge an employee. Sometimes—if a subordinate has a legitimate complaint against the supervisor, for example—the supervisor harbors illegal retaliatory motives. That’s when it’s best to have an independent decision-maker involved …

Don’t risk double compensation—Make sure workers’ comp policy is in place

12/01/2007

Here’s a cautionary tale for Indiana employers that don’t carry up-to-date workers’ compensation insurance or that haven’t been approved as self-insured employers. If your policy lapses, you just may find yourself paying double for any work-related injuries …

Supervisors need to know: Honest performance assessments essential

12/01/2007

Many discrimination lawsuits are the direct result of poor performance appraisal processes. A supervisor who is eager to maintain a cordial and productive workplace may hold back on legitimate criticism to avoid rocking the boat. This tactic can backfire badly once a new supervisor begins enforcing productivity rules and downgrades an employee previously rated “stellar.” If that employee is also a member of a protected class, look out …

After verdict flip-Flops, state wins pay restructuring case

12/01/2007

Madison State Hospital had a nursing shortage on its night shift. To solve the problem, the state of Indiana commissioned a compensation study that helped it decide to raise the wages it paid to night shift nurses. Karen Ferguson, a nursing supervisor, filed a complaint with the State Employees’ Appeals Commission (SEAC), claiming that in many cases night nurses earned more than nursing supervisors …