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Compensation & Benefits

Warn managers: Don’t mention FMLA during discussion about discharge

03/11/2010

One of the best ways to guarantee an employee will get her FMLA case in front of a jury is for her boss to mention her use of FMLA leave while discussing termination. The best idea: Have someone neutral from HR deliver the news that the employee is being let go.

OK to fire for absenteeism before FMLA eligibility

03/11/2010

Employers are often confused about how much absenteeism they must allow for employees who haven’t worked long enough to be covered by the FMLA, and who aren’t otherwise entitled to miss work as a reasonable accommodation for a disability. The bottom line is that if you treat everyone equally, you can set high attendance expectations—and fire those who don’t meet them.

Offer flex schedules to low-wage workers, too

03/11/2010

Plenty of organizations offer flexible schedules, allow telework and let parents slip out early once in a while to catch a child’s soccer game. But in many workplaces, those benefits are perks that only managers and white-collar workers enjoy. Yet several studies show that when low-wage employees have some flexibility in their hours, teamwork improves and unscheduled absences abate. If your organization’s lower-wage employees are candidates for flex, consider these eight strategies.

Employee out on military leave: Must we pay him?

03/11/2010

Q. We have an employee who will soon go on temporary military duty soon and be gone for several weeks. Do we have to pay him at all during his absence, or does he receive military pay?

When whistle-blower complains, watch out for supervisor retaliation

03/11/2010

When an employee believes it’s necessary to end-run a supervisor to complain about potentially illegal conduct, resist the temptation to ignore the complaint. And whatever you do, don’t tell the whistle-blower to take it up with the supervisor.

How should we handle overtime and holidays?

03/11/2010

Q. I am wondering about rules relating to overtime during weeks with holidays. We pay a higher rate than normal for employees who work on the day of a holiday. Do we need to include the additional pay rate in calculating any overtime owed during the same week? …

Be careful! Caregiver discrimination claims are on the rise

03/11/2010

In recent years, employees have begun filing more and more “caregiver” or “family responsibility” discrimination lawsuits. No federal or Minnesota law specifically addresses discrimination against caregivers. However, treating employees with caregiving responsibilities differently than other employees may violate various employment laws, including Title VII of the Civil Rights Act of 1964, the ADA, the FMLA and the Minnesota Human Rights Act.

The HR I.Q. Test: March ’10

03/10/2010

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

We hear a worker is sick: What can we say?

03/10/2010

Q. We recently heard from a co-worker that an employee (“Mike”) seemed to be having some health issues. Mike hasn’t said anything to his supervisor or anyone else as far as we know. What can we say?

COBRA subsidy extended through end of March

03/09/2010

President Obama has signed legislation to extend until March 31 eligibility for the 65%, 15-month COBRA premium subsidy to individuals who have involuntarily lost their jobs. It’s the second time the subsidy has been extended. Will it be the last?