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Compensation & Benefits

Am I permitted to communicate directly with employees’ medical professionals?

09/08/2009

If an employee’s FMLA medical certification is incomplete (required information is omitted) or insufficient (the information provided is vague, ambiguous or nonresponsive), an employer is now entitled to request additional information directly from the employee’s health care provider, subject to certain key limitations.

Retaliation applies to former employees, too

09/08/2009

Here’s a potential trap you may not have considered: Punishing a former employee may be retaliation, too. That means that you must carefully consider anything you do involving a former employee before you act.

Can we recover the cost of a former employee’s laptop by withholding from his final paycheck?

09/08/2009

Q. An employee who recently quit has not returned a company-owned laptop computer worth more than $1,000. Can we withhold the value of the computer from the employee’s last paycheck?

AIG settles with Ohio pensions that claimed excessive losses

09/08/2009

Insurance giant AIG has settled a dispute with three Ohio public employee pensions for $115 million. All of  them claimed AIG, its top executives and related firms used anti-competitive practices and fraudulent accounting that led to massive losses for the pensions.

Study shows employers cutting 401(k) matches

09/08/2009

Employees depending on 401(k) accounts for retirement are getting another shock courtesy of the economic meltdown. According to a survey by accounting firm Grant Thornton, 29% of companies have modified or intend to modify their contributions to employees’ 401(k) accounts.

Ohio nonprofit busy as wage theft complaints rise

09/08/2009

Several employee advocacy groups are reporting more complaints of workers not getting paid for work they have performed. Many of those complaining are undocumented workers who fear being deported. Advocates say they often have to persuade illegal immigrants that wage-and-hour laws cover them, too, and that they have a right to be paid.

What can I do about an employee who refuses to work mandatory overtime?

09/08/2009

Q. Despite the recession, my business is going gangbusters. Instead of having to lay off people, I’m in the position of having to schedule lots of overtime. I have one employee, though, who is balking at having to work more than 40 hours a week. He’s really hurting my production. Do I have any recourse against this employee for refusing overtime?

Recession ‘how-to’: Cutting exempt employee pay, hours

09/08/2009

As the recession drags on, many employers have begun trimming compensation. If you plan to cut pay for exempt employees, do so with care. Handle it wrong, and you could run afoul of the Fair Labor Standards Act, the federal law governing wage-and-hour practices. The worst-case: Cutting pay and hours could turn exempt employees into nonexempt hourly workers.

Tell bosses to tell staff: No working lunches!

09/08/2009

Like most employers, you probably have a rule that tells nonexempt employees they must take their meal breaks. The rule is there to prevent FLSA violations for uncompensated work. But having the rule isn’t always enough—especially if some of your supervisors encourage employees to work during their breaks or turn a blind eye when they do.

You don’t have to pay foreign workers’ visa fees or transportation costs

09/08/2009

Employers that need seasonal employees often rely on foreign workers to fill those slots. Workers from other nations must apply for an H-2B visa before coming to the United States to work. Until now, the 5th Circuit Court of Appeals had not yet decided whether expenses related to H-2B workers’ travel to the United States had to be reimbursed by the employer. It has now decided that they do not.