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Compensation & Benefits

Courts want proof employers did what they claim they did

01/11/2011
It was big news last fall when it became apparent that some bank representatives involved in home foreclosures never even examined the court affidavits they were signing. Judges are becoming more reluctant to accept such sworn statements in litigation—and not just in cases involving foreclosures.

Employees fired for missing work should expect to miss unemployment comp, too

01/11/2011
Employees who are guilty of misconduct aren’t eligible for unemployment compensation in Florida. That means if they’re fired for missing a lot of work, habitually arriving late or leaving early, they can be denied unemployment benefits.

Offer reinstatement if you make FMLA mistake

01/11/2011

The FMLA is a complicated law that can trip up even the most experienced HR professional. And sometimes it may not be apparent that an employee didn’t get the leave he was entitled to until after his lawsuit is in full swing. Fortunately, there’s still something you can do to cut the potential liability.

The HR I.Q. Test: January ’11

01/11/2011
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

New federal tax law delivers benefits changes

01/10/2011
When President Obama signed the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 late last year, preservation of current tax rates and a one-year Social Security tax cut got all the headlines. But tucked into the broad statute were several provisions affecting employee benefits.

New N.Y. ‘wage theft’ law imposes stiff penalties on employers

01/07/2011
The Wage Theft Prevention Act, a law designed to end what workers’ rights advocates term “wage theft,” takes effect April 12, but the time to plan is now. The new law has teeth. It expands the New York Department of Labor’s enforcement powers, and as much as quadruples penalties on employers that violate the law.

After worker complains of bias, beware even small job changes–such as less overtime

01/07/2011
Employees who complain about discrimination are protected from retaliation. Anything that would cause a reasonable employee to rethink the original complaint is fair game for a retaliation lawsuit, including such seemingly minor consequences like losing a few hours of overtime pay.

Get workers back fast from FMLA leave: Run FMLA concurrently with other leave

01/07/2011
You can and should use the FMLA rules to encourage employees to return from FMLA leave as soon as possible. One of the most effective ways is to run their unpaid FMLA leave time concurrently with any paid leave they may have coming. That way, they can’t use up that paid time first and get another 12 unpaid weeks.

‘Wage theft’ law goes into effect April 12

01/07/2011
Employers will have to keep more records and regularly explain wage and pay details to their employees under a new law signed by Gov. David Paterson in December.

Do small employers have to comply with COBRA?

01/07/2011
Q. We are a small company with only 12 employees. We are under the impression that our employees do not have rights under the Consolidated Omnibus Budget Reconciliation Act (COBRA) since it applies to larger employers. Are we correct?