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Compensation & Benefits

You can’t hide behind your vendor! Before relying on tests, be sure they’re valid

09/24/2010

Are you considering using personality or other screening tests to decide which job applicants to hire? If so, make sure you fully understand what you are doing and how those tests work. There are plenty of companies eager to sell you tests and assessments that they say will take some of the work out of the screening processes. But if those tests aren’t valid and end up screening out members of a protected class, you may be buying more than a test.

If you have doubts about FMLA eligibility, don’t hesitate to seek a second medical opinion

09/24/2010

Back in August, we told you how a federal court had dismissed a case involving a woman who had taken her child out of day care for the summer and asked for FMLA leave so she could care for him until school started. (See “School’s out for summer! But the FMLA doesn’t cover day care”.) Now the same court has reinstated the lawsuit after taking another look at the facts.

Is it OK to pay workers just once a month?

09/24/2010
Q. Is it legal to adopt a once-a-month payroll for hourly employees?

Does the FMLA cover cosmetic surgery?

09/24/2010
Q. One of our employees is having cosmetic surgery and plans to take leave. Would that fall under the FMLA, or would it be a leave of absence?

Can we push employees to donate to charity?

09/24/2010
Q. Is it legal for us to strongly encourage our employees to have money withheld from their paychecks to support a charity drive, like the United Way?

OK to pay commissions on a flat-rate basis–it won’t violate FLSA commission exemption

09/24/2010

For years, the DOL has argued that commissions must be based on a percentage of sales in order to be valid. But now the 3rd Circuit has approved a different form of commissioned sales—one in which employees are paid based not on the total amount of the sale, but on other factors such as whether the sale was made on an outgoing sales call or an incoming one.

Pennsylvania House considers mandatory sick leave bill

09/24/2010

A Pennsylvania House of Representatives committee has begun considering legislation that would require all employers to provide some paid sick leave for employees. The Healthy Family, Healthy Workplaces Act would require employers with 10 or more employees to provide at least one hour of sick leave for every 40 hours worked, up to a maximum of 52 hours per year.

Ensure fair distribution of work opportunities

09/24/2010

Does your company employ salespeople who are responsible for meeting certain benchmark goals? If so, be sure you have some way to check that everyone competes on an even footing. That includes ensuring that things like territories and leads are distributed in a way that doesn’t favor members of one group at the expense of another.

Can we discipline late worker by cutting her pay?

09/23/2010
Q. One of our hourly employees ($15 per hour) arrives late way too often. We’d like her to get here on time so we’re considering cutting her hourly rate when she arrives late. For example, if she arrives an hour late, we would not pay her for the hour and cut her pay to minimum wage for the rest of the day. Can we do that?

After brief FMLA leave, can we request a second opinion to make sure worker is ready to return?

09/22/2010
Q. We have an employee returning from a leave taken under the federal FMLA and the California Family Rights Act. His physician has issued a fitness-for-duty certificate. However, we have doubts about the worker’s ability to perform his job … Can we send him to another physician for a second fitness-for-duty examination?