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Compensation & Benefits

Working during FMLA leave: Should we stop it?

03/24/2009

Q. We have an employee in her third week of maternity-related FMLA leave who comes to work to check her e-mails, make some work calls, etc. How should we handle this? Could there be liability issues because there’s no doctor’s release yet?

Zero tolerance for tardiness: Legal but unwise

03/24/2009

Q. Our company’s owner is tired of tardiness and has instituted a new rule that says anyone who is tardy will be fired, no matter the reason. Recently, some people were tardy during a snowstorm when their train could not make it on time. We were told to fire them. What do you think?

Can we deduct hourly FMLA leave for exempt staff?

03/24/2009

Q. We have an exempt administrative employee who is on intermittent FMLA leave. She’s unable to work on Fridays for two or three hours due to a serious health condition. By policy, she must use any accrued sick leave when she is out sick, typically in whole-day increments. Can we charge her sick time in hourly intervals because she is utilizing FMLA intermittent leave even if we charge her in larger blocks when she is just plain sick?

Switching payroll vendors? Have a Plan B

03/24/2009

Here’s a cautionary tale to consider if you’re planning to upgrade your time card to a high-tech electronic system.

What counts as ‘full time’ under federal law?

03/24/2009

Q. We mostly have 40-hours-a-week employees, plus a couple of 20-hour part-timers. One part-timer asked me what constitutes “full time.” I think she wants to work the minimum and still receive benefits. Is there a set cutoff for full-time work under the federal overtime labor law?

Top companies offer domestic-partner benefits

03/20/2009

According to a recent report, 286 of Fortune 500 companies provide equal benefits to same-sex couples. What’s more, the better the company performs, the more likely it is to offer benefits that serve lesbian, gay, bisexual and transgender (LGBT) workers.

What happens to accrued PTO leave when an employee separates?

03/20/2009

Q. Our company is considering replacing sick leave and vacation benefits with a paid time off (PTO) program. How are these plans treated upon the termination or resignation of an employee?

Set ’em up, Joe! Restaurants can require servers to share tips with bartenders

03/20/2009

For several years, California courts have confused employers whose employees receive tips from customers. The question: What sort of tip pools can employers mandate? Iit wasn’t clear whether bartenders and others who don’t directly approach diners could share in the tips. Now, the answer is in from the Court of Appeal of California.

9th Circuit will rehear massive Wal-Mart class-action sex discrimination case

03/20/2009

The 9th Circuit Court of Appeals has agreed to reconsider whether an enormous sex discrimination lawsuit filed against Wal-Mart will proceed as a class-action case.

L.A. car washes charged with wage abuse, union busting

03/20/2009

On Feb. 9, the state of California filed a criminal complaint accusing four Los Angeles car washes, their owners and one manager of wage-and-hour law violations and for creating “a work environment that bordered on indentured servitude.”