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Compensation & Benefits

Pick an FMLA leave calculation method, stick with it–and inform employees

08/27/2010

The FMLA provides 12 weeks of leave per year, but employers have flexibility for determining when those 12 weeks start and end. Choose one of four possible calculations and let employees know which one you’re using. Otherwise, courts will use the one that gives employees the best deal.

Health care reform: U.S. employees dazed and confused about the new law

08/27/2010
If you’re still not exactly sure what’s in the massive new health reform law, you’re not alone. A Harris Interactive survey gave 2,100 adults a list of 18 reform items and asked people to identify which were actually included in the new law. Only four items were correctly identified by the majority of respondents.

Princeton Healthcare System hit with ADA suit

08/26/2010
The EEOC has filed suit against Princeton Healthcare System, claiming its leave policies violated the ADA. According to the EEOC complaint, Princeton Healthcare fires employees who aren’t eligible for leave under the FMLA if they cannot return to work in seven days.

FMLA eligibility: DOL expands definition of ‘son and daughter’

08/25/2010
The U.S. Department of Labor recently clarified the definition of “son and daughter” under the FMLA, effectively requiring employers to include same-sex partners, grandparents and other nontraditional family caregivers within the universe of employees eligible for FMLA leave.

Overwork not enough reason to quit, collect unemployment

08/25/2010
Employees these days are working harder and longer than ever. And that can be stressful. Some employees may believe they can escape the pressure by quitting because of stress and applying for unemployment compensation benefits. That usually won’t work.

Partner or employee? Degree of control matters

08/25/2010
If yours is a business engaged in professional practices like law, medicine or accounting, your organization may have partners or shareholders who receive paychecks. Know that such shareholders probably can’t sue for discriminatory practices under Title VII and other anti-discrimination and employment laws.

Health care reform: Mark your calendar with these milestones

08/24/2010
When President Obama signed health care reform legislation in March, the clock started ticking on a series of changes that HR professionals will be dealing with for at least the next eight years. Here’s your timeline of what to expect.

5 steps for starting a pay-for-performance system

08/24/2010

Most organizations believe they do pay for performance. They don’t. If you’re committed to starting a true pay-for-performance system, you’ll want to ease into it with lots of crystal-clear communication. Here are five ways to get started.

Can I be personally liable for misclassification?

08/24/2010
Q. Let’s say I do the payroll for a company and know that we are misclassifying employees (exempt vs. nonexempt; independent contractors vs. employees). And let’s say I advised the owner, but he chose to leave it as is. Could I be held liable as the payroll administrator?

5 tips to avoid liability for benefit plan mistakes

08/24/2010
Anyone with responsibility for health, benefit, disability, severance, education or other benefit plans is a “fiduciary” and can be held personally liable for plan errors under ERISA. Attorney Sherwin Kaplan says employers should take these steps to avoid errors that could subject a fiduciary to liability: