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Compensation & Benefits

Can we terminate a poor performer who is currently out on FMLA leave?

07/27/2010
Q. Our receptionist has a history of being late for work and taking unexcused absences. She’s out on FMLA leave to care for her sick father. Her temporary replacement is doing an outstanding job and always shows up on time. Can we keep the new receptionist and tell the other one not to return?

Could he sue us? Employee was fired after he injured himself on the job

07/27/2010
Q. A replacement line supervisor directed an employee in our plant to use a machine he wasn’t trained to operate. The employee was injured when he stuck his hand into the machine to clear a jam. While the employee was recuperating in the hospital, the plant supervisor fired him for operating machinery he hadn’t been trained on. Does the employee have a right to sue us if the line supervisor ordered him to do this job?

Wellness programs: Clash between health care reform and GINA

07/27/2010
Approximately 70% of employers sponsor wellness programs designed to drive down health care costs, reduce absenteeism and promote better employee health. Wellness programs that offer premium discounts have long been required to comply with HIPAA. More recently, two other laws muddied the wellness waters: the new health care reform law and the Genetic Information Nondiscrimination Act.

Make sure contractors are free to work for other clients

07/27/2010

The more control an employer tries to assert over a worker it intends to treat as an independent contractor, the more likely that worker is actually an employee. That’s why you should make sure independent contractors have the leeway to work for others and maintain their own schedules.

Informal ERISA complaints aren’t protected

07/27/2010
Recently, the 3rd Circuit Court of Appeals had a chance to declare that an informal internal complaint about ERISA-covered benefits might be enough to protect an employee from retaliation. Fortunately for employers, it declined to do so.

Keep health costs out of the equation when considering hiring and firing

07/27/2010
Before you even consider firing (or refusing to hire) someone because they might jack up your health insurance costs, count your dollars, not your pennies. You may be staring down a lawsuit that could dwarf whatever premium costs you hoped to avoid.

What you should look for in a health benefits broker

07/27/2010

It’s probably the toughest part of a benefits administrator’s job: choosing next year’s health insurance plan. If they’re lucky, benefits pros have powerful allies in that high-stakes game: insurance brokers. But some brokers are little more than order-takers. If you’re starting to think your broker is part of the problem and not part of the benefits solution, maybe it’s time to look for a new one.

Don’t break the bank for effective wellness programs

07/27/2010
Employers are warming up to wellness programs to help reduce health care costs. And it works! But choosing the wrong pieces of the wellness puzzle can lower your ROI dramatically. For the most bang for your wellness buck, focus on these five efforts that drive the greatest cost savings.

What’s a ‘grandfathered’ health plan? Feds release new rules

07/26/2010
Group health plans that were in effect when the big reform law was signed on March 23, 2010, can earn “grandfather” status. Employers will lose their grandfather status if they change insurance carriers or “substantially increase” out-of-pocket costs for employees.

How to comply with new lactation break and facility rules

07/23/2010
Hidden deep within the recently enacted health care reform legislation is a provision that garnered neither debate nor controversy in the media or the halls of Congress. The law amends the FLSA to require large employers to provide lactation breaks and facilities for employees who are breastfeeding.