• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Compensation & Benefits

Supreme Court asked to fast-track decision on health reform law

10/04/2011
The Obama administration has asked the U.S. Supreme Court to rule on the constitutionality of the Affordable Care Act health care reform law—the administration’s hallmark domestic legislative achievement—paving the way for a fast-tracked decision that, regardless of which way it goes, will affect HR professionals for years to come.

Employer-provided cell phones now tax free

10/04/2011
Employer-provided cell phones are no longer a taxable fringe benefit. That means employees don’t have to pay federal income tax on any personal use of their phones—and you can quit keeping track of employees’ personal-use minutes. Read the new IRS guidance here.

Is this worker entitled to FMLA leave? She was out for months on workers’ comp

10/04/2011
Q. One of our employees missed several months of work last year because of a workers’ compensation qualifying injury. She has now requested leave under the FMLA. Do we have to grant this request for leave?

Can bonuses affect overtime calculations?

10/04/2011
Q. We wish to offer a variety of incentive bonuses to hourly workers in an attempt to increase business and productivity. Will these bonuses affect the employees’ “regular rate” under the Fair Labor Standards Act FLSA for purposes of calculating overtime?

How can we protect against subsequent lawsuits following on-the-job injuries?

10/04/2011
Q. My company is a nonsubscriber under the Texas Workers’ Compensation Act and has its own on-the-job employee injury benefit plan. Is there any way to increase the likelihood that employees who receive benefits under the plan will not be able to later sue us to recover damages related to their injuries?

Beware seeking exemptions under Motor Carrier Act

10/04/2011
Some employers think they can classify truck drivers as exempt under the Fair Labor Standards Act by relying on the federal Motor Car­rier Act. But that’s tricky. To be covered by the MCA, the drivers must cross state lines while doing their jobs.

Beware the tipping point: Setting up tip pool often requires expert legal advice

10/04/2011
Restaurants that use tip pools and rely on the tip credit to justify paying their employees $2.13 per hour rather than the minimum wage of $7.25 per hour often grapple with which employees can be included in the pool. It’s not always clear.

Will your 2012 per-employee compensation budget be larger than it was this year?

10/04/2011
More than half of poll respondents say payroll will not grow in 2012.

DOL: Company president pumped assets out of fund

10/03/2011
The Employee Benefits Secu­r­ity Administration (EBSA) is suing Keith Davis, owner of Elmhurst-based A.B.D. Tank & Pump Co., claiming he drained his employees’ retirement fund of $1.9 million.

What are the rules on setting a late policy?

10/03/2011
Q, We would like to institute a rule subjecting em­­ployees to discipline for clocking in late. Are we permitted to do this even though we round our employees’ time to the nearest quarter-hour?