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Compensation & Benefits

Can we request FMLA recertification for each migraine?

06/22/2009

Q. If an employee constantly calls in sick because of migraine headaches, how can we verify the real reasons for the absences? Can we ask for information each time the employee is absent?

Minimum wage rising to $7.25; Obama calls for $9.50 by 2011

06/22/2009

Two years ago, Congress passed a three-step boost in the federal minimum wage. On July 24, the last of those increases takes effect, rising another 70 cents to $7.25 per hour. President Obama has advocated increasing the federal wage floor to $9.50 per hour by 2011.

Take and retain notes on salary negotiations

06/22/2009

In a free-market system, it sometimes takes extra money to entice an applicant to jump ship. But sometimes that causes an existing employee to earn less than a new employee who holds the same job. If that existing employee belongs to a protected class, she may fire off a pay discrimination claim. That’s when interview notes documenting the salary negotiations come in handy.

FLSA exempt salaries: Cutting pay and hours by 20%

06/22/2009

Q. We’ve begun paying FLSA exempt employees 20% less per week and asking them to work 20% fewer hours. Some still continue to work far more hours. Can we legally do this, or must the employees report the actual number of hours they worked on their time sheets, even though they’re only receiving 80% of their regular salaries?

Mandatory overtime and the ADA

06/22/2009

Q. We have an employee who has blood clots in her legs and whose doctor says she can work only 40 hours per week. She knew overtime was required when she was hired. Do we have to let her work a reduced schedule of just 40 hours?

An hour of intermittent FMLA leave? A half hour? 15 minutes? How low can employees go?

06/16/2009

An employee approved for intermittent FMLA leave says she only needs to take an hour this week. Can she take leave in such a short increment? Could she take even less?

Better heed Ledbetter: Audit pay policies to ensure equal pay

06/16/2009

Under the Lilly Ledbetter Fair Pay Act of 2009, each paycheck that unfairly pays a worker less than it should is a discriminatory act. Now is the time to audit your pay policies. Involve your attorneys—to take advantage of attorney-client privilege protection while you correct any discriminatory practices you uncover.

Always consider how jury might see retroactive actions

06/12/2009

The 7th Circuit Court of Appeals has ruled in a long-running case that a jury acted properly when it concluded an employer’s retroactive termination of health insurance violated the FMLA.

Suspect FMLA leave abuse? Tread carefully

06/12/2009

Employees who take intermittent FMLA leave can often cause real problems for employers because they take time off so sporadically. But sometimes you may detect a pattern that indicates the employee might be abusing authorized intermittent leave. Can you fire him?

On-demand leave isn’t reasonable accommodation

06/12/2009

Some employees think that any disability that periodically acts up entitles them to unlimited time off. Sometimes, courts view extra time off as a reasonable accommodation, but there are limits.