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Compensation & Benefits

Worker not returning from FMLA leave? Terminate, but pay benefits for full 12 weeks

03/06/2009

What should you do if you learn that an employee who is out on FMLA leave will not be able to return when her 12 weeks of unpaid leave are up? If you are absolutely sure that she can’t claim she is disabled under the ADA, you can terminate her. But you still must continue providing any benefits she was receiving while on FMLA leave, such as medical premium payments.

Shared Work Program helps workers cover reduced hours

03/06/2009

The state Labor Department wants you to know there is an alternative to cutting staff during the downturn. Employers that reduce work hours for full-time employees instead of laying them off may qualify for the Shared Work Program.

Workers’ comp deductibles, premiums to change

03/06/2009

Starting in July, Ohio employers will get their choice of five deductible levels on their workers’ compensation insurance. In exchange for lower premiums, employers will assume a larger risk for workplace accidents.

Mount Carmel Health to cut jobs, programs

03/06/2009

Columbus-based Mount Carmel Health will cut 300 jobs and several outpatient services to cope with reduced revenue. Among the service casualties are the system’s smoking cessation program including its help-line, its senior outpatient lung rehabilitation and outpatient nutrition counseling services.

Employer loses WC claim when it fails to call witness

03/06/2009

Linda Pounds, a resident assistant at Whetstone Gardens & Care Center, injured her back while changing a patient’s bed linens. Once she filed a workers’ comp claim, that’s about the only thing Pounds and the center agreed on …

What are the COBRA rules applying to small businesses in Ohio?

03/06/2009

Q. We are a small business, with only 12 full-time employees and a smattering of on-again, off-again part-timers. When an employee leaves, do we have to provide a COBRA notice?

Can I ask my employees to use accrued leave to cover time spent on jury duty?

03/06/2009

Q. An employee just asked for a week off to attend jury duty. Do I have to grant the request for leave? If I do, can I require the employee to use accrued vacation time during the jury duty leave?

Study cites New York as a hotbed of wage-and-hour claims

03/06/2009

A recent report offers some ominous news for New York employers. New York is one of eight states that saw an increase in class-action wage-and-hour cases filed in state court last year, according to the Seyfarth Shaw law firm’s new Workplace Class Action Litigation Report.

It’s up to you to establish exempt status

03/06/2009

To avoid paying overtime and keeping track of every minute employees spend on the job, many employers reflexively classify employees as exempt rather than hourly employees. But many employers get it wrong—and that can be costly.

Keep hiring documents to guard against discrimination claims

03/06/2009

Now that Congress has enacted the Lilly Ledbetter Fair Pay Act, it is more important than ever for employers to keep applications and other supporting documents as proof that they set wages fairly and without regard to gender.