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Compensation & Benefits

Can an employee collect workers’ comp and then sue us for more?

12/04/2009

Q. One of our employees suffered a job-related injury. Now she’s trying to sue us in court for damages following mediation in which she settled her workers’ compensation petition by accepting permanent total disability (PTD) benefits. Can she do that?

Can we cap how much vacation can accrue?

12/04/2009

Q. Our vacation policy caps the amount of vacation employees can earn at 250 hours. Employees can’t earn any more until the vacation balance falls below that level. Does this violate California’s law on accruing vacation?

Oral agreements may be too vague to be enforceable

12/03/2009

Oral agreements are as binding as written ones, but they can be considerably less precise. Consider this case, in which a disgruntled employee claimed an oral agreement affected future compensation:

Congress passes new law expanding family medical military leave

12/03/2009

Just when you thought you had implemented all the necessary changes to your family- and military-leave policies, the law has again changed. On Oct. 28, President Obama signed the National Defense Authorization Act (NDAA) for the 2010 fiscal year, which includes provisions that expand the military leave entitlements of the FMLA.

IRS to audit 6,000 firms to test employment tax compliance

12/03/2009

Starting in February 2010, the IRS will begin to audit 6,000 randomly selected employers to give the agency a snapshot of employment tax compliance in the United States. The audits will stretch across all industries and company sizes, and will focus on employment tax issues ranging from payroll taxes to independent contractor status to executive compensation.

Virtual call center cuts turnover, boosts productivity

12/01/2009

Customers who phone the call center at Ascend One, a debt management company in Columbia, Md., are likely to talk to an employee who’s dressed in pajamas. Since 2006, the organization has allowed its call center employees to work from home, and about half of them—300 or so—have accepted the offer.

Don’t assume casual laborers are contractors—and don’t neglect workers’ comp insurance

12/01/2009

If your business relies on hiring casual laborers and you routinely pay a set price for a day’s work, don’t assume your workers are independent contractors. If one of them falls or is injured, chances are a court will conclude he’s an employee due workers’ compensation benefits. If you don’t carry workers’ comp insurance, you’ll be on the hook for big bucks.

You can’t unilaterally stop workers’ comp payments

12/01/2009

If you directly pay workers’ compensation benefits because you’re self-insured, remember that you can’t stop paying merely because you believe the employee is no longer disabled. You still have to petition the North Carolina Industrial Commission.

Mold at work spawns new class of workers’ comp claim

12/01/2009

For the first time in the United States, an employee has successfully won workers’ compensation benefits for mold exposure, even though the industry involved—a car dealership—normally has no greater exposure to mold than any other. Black mold exposure has caused tens of thousands of people to become sick—but most of those cases involve mold growing in people’s homes.

Must we pay for steel-toed protective boots?

12/01/2009

Q. Most of our employees wear safety steel-toed boots. One of our employees said his boots are worn out and we are required to reimburse him when he buys a new pair. Is that correct?