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Compensation & Benefits

Social Security eligibility won’t automatically qualify worker for company disability plan

08/28/2013
An employee who files for Social Security disability benefits based on the inability to work doesn’t automatically qualify for her company’s ERISA disability benefit plan when her federal benefits come through.

What’s the right way to complete Form I-9?

08/27/2013
Question: How can the company fulfill the I-9 requirement to physically review new hires’ documents when employees work remotely? Can we have a notary review the documents, notarize a copy of them and send that copy to our main office?

Decision could open door for out-of-court FLSA settlements

08/26/2013

Most federal district courts routinely hold that out-of-court settlement agreements, to the extent that they purport to waive FLSA claims, are unenforceable. That has made it difficult and expensive for employers to resolve pay issues, even when they realize they made a mistake and want to compensate the employee fairly. Last year, the 5th Circuit Court of Appeals took a more pragmatic ap­­proach in Martin v. Spring Break ’83 Productions.

Balance the pluses and minuses of switching to PTO banks

08/26/2013
Some employers have retooled the traditional method of setting paid time off in separate categories by folding vacation, personal or sick leave entitlements into one “bank.”  So-called paid time off (PTO) programs offer benefits for employers and employees alike, but there are some potential pitfalls if you are not careful.

Trying a creative approach to pay? Have your attorney run the numbers to ensure legality

08/26/2013
Before you approve a creative approach to paying hourly employees, be sure to get expert help. That’s essential if your em­­ployees may have to put in more than 40 hours of work per week, because you will have to calculate their regular rate of pay to calculate overtime compensation. And that’s something the DOL wants done right.

Payroll self-audits protect the company–and Payroll pros

08/23/2013

As a Payroll professional, what’s your job? Accord­­ing to Lisa Poole, CPP, corporate payroll manager for Simmons Bedding Corp., your job is to protect the company’s assets, protect employees’ data and remain compliant. Internal payroll audits help you do all three.

Does a natural disaster make former employees eligible for unemployment benefits?

08/22/2013
Q. We had to close down our business because of the damage caused by a natural disaster. Are our employees entitled to unemployment benefits?

Must we pay severance to employee who turned down telecommuting offer?

08/22/2013
Q. We plan to lay off some of our employees and offer jobs to others in our facility in another state. We are also giving a select few of our employees the option to work from home. One of the employees to whom we gave this telecommuting option has declined it and requested severance instead. Are we obligated to pay him severance?

Following recent cases, review piece-rate pay & commissions

08/22/2013
In April 2013, a California Court of Appeal decided that automobile service technicians, who were paid on a “piece-rate” basis, must also be paid at least the minimum hourly wage for the time that they are required to wait between their piece-rate-paid repair jobs. On July 19, the California Supreme Court refused to review the appeal court ruling, making it binding law.

No workers’ comp for sloppy-drunk employee

08/22/2013
A worker who drank himself silly at work, fell and hit his head has lost his workers’ compensation claim.