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

Compensation & Benefits

When contracting with temp or payroll services, make sure it’s clear who the real employer is

01/28/2011

Sometimes, it’s possible for an employee to have two employers. That’s often the case when a temporary service provides workers for a client, and both the temp company and the client exercise significant control over how and when the work is performed. But now there’s a new wrinkle.

New state law gives leeway on some meal, rest breaks

01/28/2011
The rules for meal and rest breaks just got a little more flexible for some California employers, following enactment of a new state law that exempts some construction workers, commercial drivers, security guards and utility workers from the state’s usual break requirements.

Can we use a lottery to set our vacation schedule?

01/28/2011
Q. I know it’s early, but last summer we had lots of conflicts over who could take vacation during certain weeks, with several people demanding time off around holidays. I want to use a lottery system to allocate vacation time. Is this legal?

Food services firm serves up support for military employees

01/27/2011
The 3,000 military veterans, National Guard members and reservists who work for Gaithersburg, Md.-based Sodexo have their own club: the year-old HONOR group. The networking group within the giant food-services company offers support, guidance and resources to employees and families connected to the military.

Do we owe STD benefits to employee who has been terminated after FMLA leave expires?

01/26/2011
Q. Our policy is to run FMLA leave and short-term disability (STD) concurrently. The FMLA is for 12 weeks of job-protected leave. STD is for 26 weeks, with proper medical documentation. Can we terminate an employee at the end of 12 weeks, when FMLA leave is exhausted? And, if so, do we end STD payments, since the employee has been terminated?

What are Pennsylvania’s breaks rules?

01/26/2011
Q. Is it mandatory for a nonexempt employee to take at least a 20-minute meal break after working a certain number of hours?

Is there a ‘cooling off’ period for layoffs?

01/26/2011
Q. Is there a law that says we must abide by a 45-day waiting period between the time employees are told they’ll be laid off until they receive the severance payment? My supervisor said it’s called a cooling-off period. Is this a federal law?

Can we prohibit employee from using accrued leave to care for her husband?

01/26/2011
Q. An employee took time off to be with her husband who had a heart attack. We only have 30 employees. Management was very upset and wouldn’t let her take any paid time off and wouldn’t guarantee her position. She had accumulated several weeks of sick and vacation time. Can the company keep her from taking paid time off to care for her husband?

Sick employee riffed? Beware ERISA lawsuit

01/26/2011
Employees fired because they might drive up health care costs can probably sue under the Employee Retirement Income Security Act (ERISA), which governs many employee benefits.

What is work? How the FLSA defines it

01/25/2011
It seems like a simple question: What constitutes work for which employers must pay? Yet HR pros often struggle with tricky issues such as when and how (and how much) to pay when workers are on call, commuting, traveling or receiving training. Here are the answers, straight from the U.S. Department of Labor.