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Compensation & Benefits

What should we do when an employee provides conflicting FMLA certification notes?

10/12/2010
Q. An employee seeking FMLA leave presented medical certification from her doctor that stated that her medical condition didn’t prevent her from performing the essential functions of her job. A few days later, she presented a second form that stated the opposite. Can we hold her to the first certification, or do we have to accept the second form and grant FMLA leave?

Hyundai Ideal Electric faces pay bias suit

10/08/2010

The EEOC has filed suit against Hyundai Ideal Electric in Mansfield for allegedly firing a woman in retaliation for complaining about a pay disparity. Tabitha Wagner, a drafter, complained that she earned less than a similarly situated male drafter with less seniority. In the suit, Wagner claims she complained to HR Manager Jon Shearer on Nov. 11, 2008. Shearer terminated her the next day.

FMLA: What to do when worker refuses OT

10/08/2010
Some employees don’t like being told they have to put in OT, especially if they have medical conditions that make it difficult to work extended hours. However, you are within your rights to insist on overtime. Employees with a serious health condition that precludes working extra hours may have to go on intermittent FMLA leave.

Adult children and health insurance: Know the new law’s intricacies

10/07/2010
The new Patient Protection and Affordable Care Act significantly changes the health care landscape for many employers. Some aspects of the law took effect in September 2010. Most significantly, employees’ children are eligible for coverage until age 26. The new coverage requirement affects all plans renewing on or after Sept. 23, 2010.

Check time records when employee claims work injury

10/07/2010

Employers are responsible when their employees suffer injuries at work. But what about injuries that happen before the employee clocks in? A federal court has ruled under some circumstances, the employee isn’t eligible for disability benefits.

N.Y. court refuses to apply Ledbetter Act to pay disparities because of missed promotions

10/07/2010

When Congress passed the Lilly Ledbetter Fair Pay Act, it sought to guarantee women who had been denied equal pay in the past fresh opportunities to challenge their lower pay with each paycheck issued. Now a woman alleging sexual harassment and retaliation has tried to use that act to revive old claims relating to promotions. Her bid to expand the law in court failed.

3 new state employment laws you must know

10/07/2010
Gov. David Paterson has signed into law legislation protecting domestic workers, granting bereavement and funeral leave rights to same-sex partners and ensuring fair play in the construction industry.

Bonuses bounce back, but bar is set higher

10/06/2010

The days of organizations handing out bonuses like Halloween candy seem to be over. While employers have returned to awarding bonuses in 2010, they’re attaching more strings than ever and are more likely to look at “hard” financial performance metrics when making variable pay decisions.

Airline employees compete for awards in ‘Customer Cup’ contest

10/05/2010

One way for American Airlines employees to get the bosses’ attention is to compete for it. The airline created its “Customer Cup” contest to spur competition among employee teams at different airports in an effort to improve processes and products and upgrade customer service, said Mark Mitchell, managing director of customer experience.

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

10/04/2010
Q. We have an employee returning from FMLA leave. His physician has issued a fitness-for-duty certificate. However, we have doubts about the worker’s ability to perform his job because he wasn’t off work very long … Can we send him to another physician for a second fitness-for-duty examination?