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

Compensation & Benefits

New small-business law includes tax breaks, 401(k)-to-Roth conversions

10/19/2010
The Small Business Jobs and Credit Act of 2010—signed last month—offers a series of tax breaks and other provisions to prop up small firms. One new provision, sure to be of interest to your employees, allows participants in defined contribution retirement plans to roll over funds into tax-advantaged Roth 401(k)s. Get the details employees need to know.

N.C. firm posts 178% ROI by putting benefits online

10/19/2010

Raleigh, N.C.-based Morganite Industries has reaped a 178% return on the investment it made to put its benefits enrollment, communication and data exchange online. It took only seven months for the 2,500-employee organization—which provides tax, benefits, health, safety and financial services for its parent company, Morgan Crucible—to recoup its initial investment.

Mopey workers? 8 ways to snap ’em out of it

10/18/2010

The economy isn’t the only thing that’s in a slump these days. Plenty of workers are in the doldrums, too. They feel stuck in their jobs because new ones are hard to come by. They can’t afford to retire. So they’re not performing as well as employees who look at their jobs as labors of love. Here’s how HR can help get them back on track.

Don’t tell employee she can take FMLA leave until you have checked her eligibility

10/15/2010

Under limited circumstances, employees who aren’t actually eligible for FMLA leave may become eligible if their employers tell them they are. That’s why you should tell employees that you won’t have a definitive answer about whether they can take FMLA leave until you have checked on their eligibility.

Court serves up good news for firm sued for waiters’ tip snafu

10/15/2010

A three-judge panel of the California Court of Appeal for the 2nd Appellate District has upheld a lower court’s decision to dismiss a lawsuit against an accounting firm working for a celebrity-owned restaurant. The court held that the firm, Gumbiner Savett, can’t be accused of negligence for allegedly overreporting the incomes of servers who were forced to pool tips while working for Ago Restaurant.

Meal break rule doesn’t apply to public employees

10/15/2010
California Labor Code provisions specifying when and where employees should take their meals don’t apply to public employees, only to private-sector employees.

‘Service charge’ or tip? Pay attention to local laws in addition to state and federal regs

10/15/2010

California employers may incorrectly assume that if they abide by the federal Fair Labor Standards Act (FLSA) and the California Labor Code, they have met their obligations to workers. That may not be true. Local municipalities can also regulate some aspects of wage-and-hour laws.

When class-action wage lawsuit looms, handle employee ‘opt-out’ phase with care

10/15/2010

Employees who think they have been misclassified as exempt under the Fair Labor Standards Act and the California Labor Code may sue on behalf of themselves and all similarly situated current and former employees. Generally, if the case is approved as a class-action lawsuit, those current and former employees will get a chance to opt into the lawsuit for the FLSA claims and opt out of the state case. How employers react can affect how the court handles the opt-out process.

Can worker who is out on unpaid leave suspend payments to her 401(k) loan?

10/15/2010
Q. We have an employee out on an unpaid leave of absence. She has informed us she would like to suspend payment on a loan she took out against her 401(k). Is that permitted?

What’s the downside of employee leave pools?

10/15/2010
Q. We would like to set up an employee leave-sharing program in which employees would contribute unused paid time off to a “pool” that could then be used by other employees who have run out of paid time-off hours. Are there any issues we should be aware of in setting up an arrangement like this?