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Compensation & Benefits

Calculating the time-worked threshold for FMLA eligibility

05/17/2010

To be eligible for FMLA leave, an employee “must have been employed for at least 1,250 hours of service” with his or her employer during the 12 months prior to the commencement of the FMLA leave. That seems simple enough. But in the world of FMLA administration, nothing is as simple as it seems.

When reasonable accommodation is time off, it’s OK to count it as FMLA leave

05/17/2010
Employees whose disabilities require reasonable accommodations in the form of breaks or a modified schedule don’t get to save their FMLA leave for later use. Employers are free to subtract the time off from any FMLA hours available.

FMLA notice: Rely on what you know–not policy

05/17/2010

A good sick leave policy includes rules governing how employees are supposed to let their employers know that they’re ill. Employees generally have to follow those rules or face discipline. But there are circumstances under which employees may be excused from following the rules. One of those exceptions: when the employer has direct notice that the employee is ill and may need FMLA leave.

To pay or not to pay interns? The DOL is cracking down

05/17/2010
Two factors have fueled a sharp rise in unpaid internships: Employers’ continuing need to hold down costs and the drop in the number of paying jobs for young people. But before you get too excited about using that free labor source, take note: The DOL and many state labor departments say they are stepping up enforcement and fines against employers that illegally don’t pay their interns.

Do we have to compensate employees who answer pagers off-the-clock?

05/14/2010
Q. We require certain employees to be on-call for customer service needs that arise after hours. Employees carry a pager while on-call, and are expected to respond to pages right away. Do we have to pay our employees regular wages, or a minimum number of hours and overtime for being on call?

Can we refuse to hire member of National Guard because she lacks weekend scheduling flexibility?

05/14/2010
Q. Can we refuse to hire a qualified applicant who has told us her National Guard duty conflicts with some of the weekends she would be required to work? Employees in this job bid for rotating scheduled weekends under a union contract seniority system. The applicant’s schedule for Guard duty is not flexible.

Former exec sues over missed severance payment

05/14/2010

Tim Murnane left real estate development firm Opus Northwest in June 2009 after negotiating a $2 million severance package to be paid out over 10 years. Murnane took a new position with St. Louis-based Clayco Inc., another developer in the Twin Cities area. All was going well until March, when a scheduled $79,266 payment from Opus failed to arrive in Murnane’s mailbox …

Massive Walmart class action moves forward

05/14/2010

It’s the employment law case everyone is watching. A massive, long-running gender pay discrimination class action against Walmart has overcome another hurdle on its way to what could become the largest payout to employees in U.S. history. The plaintiffs—potentially 1.5 million women who have worked at 3,400 Walmart stores—got a victory in April when the full panel 9th Circuit Court of Appeals gave the go-ahead for the case to proceed.

 

Watch out when offering early retirement based on age

05/14/2010
The EEOC has won the first round of a battle against early-retirement incentive plans that are based strictly on age. If you have such a plan, make sure you review its legal status with your attorney.

Employee or contractor? Ask who controls the work

05/14/2010
Independent contractors aren’t eligible for unemployment compensation, and their clients don’t have to pay into the unemployment compensation trust fund, as the following case shows.