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Compensation & Benefits

Can we offer equity stake in lieu of pay and still comply with the FLSA?

05/13/2009

Q. We are a small start-up company. We have an office manager whom we pay $350 per week. I understand that, in order to be exempt from overtime labor laws, we would need to pay her at least $455 per week. We can’t afford to pay that amount, but are willing to provide her stock in the company. Will that help?

Must we pay employees who volunteer at a company-sponsored event?

05/13/2009

Q. Our company is sponsoring a community art fair, and several employees have volunteered to help at the event. Do we need to compensate those employees for the time they spend volunteering?

Summer’s coming! It’s time to tune up your vacation policies

05/12/2009

With warmer weather on the way, it’s time to revisit your vacation policies—even as a new survey says Americans may be cutting back on vacation travel. Check your handbook against HR Specialist’s free sample vacation policy.

12 weeks? 26? 38? Counting time off when caregiver leave and FMLA overlap

05/12/2009

The FMLA grants 12 weeks of unpaid leave to handle a serious medical condition. Military family caregiver leave rules provide for 26 weeks off. But what happens when an employee can invoke both, for example, when she must care for a wounded military spouse while she is pregnant?

Illinois ranks 18th on business tax index

05/11/2009

Illinois came out better than average in the Small Business and Entrepreneurship Council’s Business Tax Index for 2009, an annual assessment of the tax climate businesses and entrepreneurs face in the 50 states and the District of Columbia. Overall, Illinois ranked 18th on a scale of 1 (least taxed) to 51 (most taxed).

How should we handle bonuses and overtime?

05/11/2009

Q. We routinely pay our nonexempt employees an annual holiday bonus. What effect, if any, does this have on their regular rates of pay for purposes of calculating overtime?

After ARRA, how to handle gross misconduct and COBRA coverage

05/11/2009

In light of the enactment of the American Recovery and Reinvestment Act (ARRA) of 2009, employers have begun re-examining the cases of some employees who were involuntarily discharged for misconduct. The purpose? To determine whether the employees are eligible to receive a 65% subsidy for continuation of health insurance benefits under COBRA.

Feel free to deny FMLA leave to employee who alters medical certification

05/11/2009

One of the biggest problems with the FMLA has always been the certification process. Until recently, employers weren’t allowed to call a health care provider whose form looked suspicious or whose diagnosis sounded suspect. Now, fortunately, employers can at least call the medical provider to ask whether the information on the form is accurate and get clarification on any unclear parts.

What are the FMLA eligibility rules for employees who leave and then come back?

05/11/2009

Q.  We have an employee who has worked for us for just six months. However, three years ago, she worked for us for about a year before quitting and going back to school. Now she has requested time off under the FMLA. Is she eligible?

How brief a time increment must we use when granting FMLA intermittent leave?

05/11/2009

Q. An employee has requested one hour of unpaid intermittent FMLA leave. Can we require him to use up a half or full day of leave instead?