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Compensation & Benefits

Review duties, update job descriptions yearly to ensure employees are properly classified

12/02/2010

As job duties change, evolve or grow, make sure you regularly review employee responsibilities, update job descriptions to reflect the reality on the ground and determine if the job is properly classified as exempt or nonexempt. Don’t rely on an analysis that’s even a couple of years old—or even an analysis provided by the DOL itself.

The HR I.Q. Test: December ’10

12/02/2010
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

Firm’s annual birthday bash a chance to give back

12/02/2010
Henkel North America throws itself a big birthday party every year, inviting employees to participate in activities that don’t cost them or the organization much money. Each Henkel site in North America celebrates the organization’s Sept. 25, 1876, founding with Henkel Day.

Can we deduct pay from an exempt worker who takes FMLA leave? If so, how should we calculate it?

12/01/2010
Q. An exempt employee recently requested intermittent leave under the FMLA … FMLA leave at our company is unpaid. Can we deduct from the employee’s salary for absences of less than a day and still classify her as exempt? If so, how do we calculate how much FMLA time the employee is using?

Are we liable for defamation if we make allegations during an unemployment comp hearing?

12/01/2010
Q. We fired an employee for stealing company property. While we didn’t catch her red-handed, the circumstantial evidence was overwhelming and we felt comfortable letting her go. The employee filed an unemployment compensation claim that we contested, and now a hearing has been scheduled before an appeals referee. We would like to say at the hearing that the employee is a thief, but we’re afraid we’ll face a defamation claim because we can’t absolutely prove this charge. Would that be a well-founded concern?

Travel time pay–Your questions answered

11/30/2010

Must you pay hourly employees for … a cab to the airport? … a drive to a second work site? … a flight to a conference? Here is an analysis of these challenges, using a case study for each question.

Feds kick in $205 million for N.C. unemployment comp

11/30/2010

The U.S. Department of Labor has released $205,063,552 in federal funds to shore up North Carolina’s unemployment insurance plan. States that meet federal guidelines were eligible to receive the federal funds, appropriated under the American Recovery and Reinvestment Act.

Offer light-duty job to cut workers’ comp liability

11/30/2010
Employees injured on the job and collecting workers’ compensation payments can’t refuse suitable work within their restrictions. If they do, they lose their benefits.

Do you work for a state agency? Know FMLA’s limitations on leave for self-care

11/30/2010
Because of a bedrock Constitutional principle, a court has ruled that the FMLA does not cover state government employees who want to take time off due to their own illness. Based on this decision, state employees can only use FMLA leave to care for others.

Check pay policies for massive lawsuit threat–simple underpayment can quickly balloon

11/30/2010

Make a small mistake in how you pay hourly employees, and the stakes can be quite high. Individually, a wage-and-hour claim may amount to just a few hundred dollars. But multiply an underpayment as small as $350 by 1,000 employees and now you’re looking at a $700,000 tab–that’s because courts routinely double unpaid wage awards in FLSA cases.