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Compensation & Benefits

Try ADA process even if disability pay is option

09/28/2009

Some employees who become injured would just as soon keep working. Rather than collect temporary disability payments, they’d rather see whether they can perform another job or otherwise persuade employers to accommodate their injuries. If you face that situation, be careful not to force such employees to go out on disability.

ERISA can send contract case to federal court

09/28/2009

Employment agreements are contracts. When disputes arise, they’re typically litigated in state courts because they involve state contract laws. But under the right circumstances, the Employee Retirement Income Security Act (ERISA) may apply to the agreement, effectively making the contract a protected benefit plan.

Suspect FMLA mischief? Use certification rights before taking drastic action

09/25/2009

Some employees have learned how to play the FMLA game very well. For example, you may notice a suspicious Monday-Friday pattern of intermittent leave for an illness. If you really believe an employee is trying to pull a fast one, don’t play the termination card right away. Instead, your first—and safest—option is to request a medical certification stating the employee has a serious health condition.

Train supervisors to refer potential FMLA leave requests to HR

09/23/2009

Employees who need FMLA leave don’t have to specifically say so. They just have to give enough information to let their employers know they may have a serious health condition. That’s why you need to train supervisors to let HR handle all leave requests involving health problems of any sort.

It’s not hogwash: Prepare now for the coming swine flu pandemic

09/23/2009

Federal and state public health agencies are closely monitoring the H1N1 influenza (also known as swine flu) that was first identified this spring. Since then, every state in the U.S. has had confirmed cases of the virus. It’s not time to panic—but it is time for businesses to think strategically, be proactive and be prepared.

What should we do? Employee has used all her sick leave, but she’s still sick

09/23/2009

Q. One of our employees is out sick and has already used up all her sick leave hours. Can we legally subtract from her vacation time instead?

Must we pay employees to change their clothes?

09/23/2009

Q. Do we have to pay employees for the time they spend changing into their uniforms before work and out of their uniforms afterward? We’re a hospital and our operating-room personnel must change clothes.

Poizner sues over sale of workers’ comp insurance assets

09/21/2009

Steve Poizner, the California Insurance Commissioner and Republican candidate for governor, recently filed a lawsuit seeking to stop the sale of assets in the State Compensation Insurance Fund (SCIF). He contends efforts by the Legislature and Gov. Arnold Schwarzenegger to use the funds to balance the state budget are unconstitutional.

Opinion letter: OK to cut hours, pay of exempt employees

09/21/2009

A California Division of Labor Standards Enforcement opinion letter has given the green light to an increasingly common employment practice in today’s fragile economy: Cutting exempt employees’ normal workweeks and then paying them proportionately less.

The HR I.Q. Test: October ’09

09/18/2009

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