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Compensation & Benefits

A good deed punished: Voluntary FMLA leave can become a mandate

07/20/2009

Under the FMLA, only employers that have 50 or more employees within 75 miles of the company’s work site are required to provide FMLA leave to their employees. The requirement is commonly known as the “50/75 rule.” Can an employer that has fewer than 50 employees within 75 miles of the company’s work site willingly agree to provide its employees with FMLA rights and benefits? That situation recently occurred in Reaux v. Infohealth Management Corp.

Can we deduct from his paycheck? Employee ruined a company-issued laptop

07/20/2009

Q. One of our employees was issued a company laptop and later corrupted it by downloading games and other nonbusiness software. Can we recover the value of the damaged property from this employee’s next paycheck?

Feel free to scale back leave, pay policies that exceed USERRA requirements

07/20/2009

Members of the armed services are protected from discrimination and have re-employment and leave rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). But the law doesn’t require employers to indefinitely continue what amount to voluntary special privileges for service members.

There’s a big difference between ‘unfair’ and illegal

07/20/2009

Every employer’s goal should be to manage employees in a manner that’s blind to race, sex, age and disability. That doesn’t always happen. But it’s important to realize that it’s only when unfairness harms members of a protected class that the practice is illegal.

Soda machine attacker wins workers’ comp

07/17/2009

Employees typically earn workers’ compensation for injuries incurred “in the course of work.” In Illinois, it seems, attacking the company vending machine is all in a day’s work. Vending-machine vigilantes are also covered in Oregon …

The HR I.Q. Test: August ’09

07/17/2009

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

Disability payments and the FMLA

07/17/2009

Q. Can we require an employee who is out on FMLA leave to use accrued paid time off if he or she is receiving disability payments?

Check employment agreements for commission cutoffs

07/17/2009

Here’s a good idea if you are reviewing employment agreements that spell out how you pay commissions: Be sure to specify that the end of employment means the end of commissions.

You don’t have to provide vacation pay

07/17/2009

Are you considering ways to weather the current economic storm? Perhaps you can cut some benefits, at least for new hires and maybe for current employees, too. For example, nothing in California law (or federal law, for that matter) requires you to offer vacation time or pay.

Suspect FMLA mischief? Use certification before taking drastic action

07/17/2009

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. Your first—and safest—option: request a medical certification stating the employee has a serious health condition.