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Compensation & Benefits

More than 5,000 have used N.J. state paid family leave

10/27/2009

New Jersey is one of two states in the nation that offers paid family leave to workers. According to Gov. Jon Corzine’s office, the number of workers using the program passed 5,000 in September—not bad for a program that started July 1.

Know the FMLA, ADA rules when employee asks for time off to care for disabled relative

10/27/2009

Employees who need to take care of a disabled relative may be eligible for FMLA leave if the disability qualifies as a serious health condition—but only if the employee has worked enough hours to be eligible for FMLA leave. Likewise, employees sometimes think their employers must provide them with reasonable accommodations so they can care for a disabled relative under the ADA’s so-called association clause—that’s simply not true.

Have solid reason before firing employee on FMLA leave

10/27/2009

Employers can terminate employees who are on FMLA leave if the employers are sure they can later prove to a jury that they would have made the decision to terminate whether the employee took leave or not. That’s a tough burden, so you must make sure you have a solid reason—and you must document it.

When figuring time worked, you must round in employee’s favor

10/27/2009

The New Jersey Department of Labor and Workforce Development (NJDOL) has changed its enforcement policy regarding the rounding of employees’ time for wage payment purposes. A recent letter from Theodore Easton, chief of enforcement for the NJDOL, confirmed that if a New Jersey employer rounds off any increment of time an employee has worked, it must now be done in the employee’s favor.

Beware ‘front pay’ trap when job-seekers sue

10/27/2009

Employees you don’t hire can’t cause too much legal trouble, right? Wrong! In today’s tough economy, frustrated job-seekers are more likely than ever to sue. And if they sue for discrimination and win, courts are increasingly likely to award both back pay and lost future earnings …

Guess again: You can’t avoid liability by ignoring pay discrimination complaints

10/27/2009

The 3rd Circuit Court of Appeals has reversed an earlier decision made just months ago and ruled that when a woman asks for a raise to equal her male counterpart’s pay, ignoring the request is the same as denying the request. The employee may then file a Title VII pay discrimination claim …

Beware disciplining employees for FMLA-related tardiness

10/26/2009

Employees eligible for intermittent FMLA leave are entitled to take that leave at the beginning of their scheduled shifts if they need to. While that may make them late for work, you can’t punish that tardiness, as long as the employee follows your call-in policies and the underlying reason for being late is related to intermittent FMLA leave.

What do workers want? Studies show staff/boss disconnect

10/23/2009

Sometimes it seems like supervisors and employees work in entirely different places. Several recent studies show that bosses and front-line employees have widely varying views about their organization’s priorities, morale, compensation and benefits. Here are seven key flashpoints:

Charlotte’s BofA on the hook for Merrill Lynch’s bull

10/23/2009

Merrill Lynch—now owned by Charlotte-based Bank of America—has reached a settlement with retired teachers in Ohio who sued when the brokerage firm allegedly misstated earnings expectations before the housing market tanked a year and a half ago. The Ohio State Teachers Retirement System’s windfall: $475 million.

You can punish employees for improperly sharing salary information—in some cases

10/23/2009

By federal law, employees have the right to discuss salaries and benefits with one another. Plus, in North Carolina, members of the public also have the right to specific information about public employees’ salaries. That does not mean, however, that public employers can’t reprimand employees who break rules against distributing that information in a way that creates conflict or animosity.