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Compensation & Benefits

Don’t change job duties on return from FMLA leave

02/12/2009

Employees who take FMLA leave are entitled to return to their former jobs, or at least equivalent ones in terms of pay, responsibilities and the like. Ignoring that requirement and making job changes is the quickest way to an FMLA lawsuit.

Heading to bargaining table? Review contract language before changing benefits

02/12/2009

If your organization has a collective-bargaining agreement with a union, make sure you check with counsel before you make any changes to benefits. In some cases, promises made in past contracts—such as a promise to provide retiree health benefits—may be a binding, vested promise that cannot be undone, at least for those who have already qualified.

DOL chases down ‘orphan’ retirement funds

02/12/2009

Here’s a trend to watch out for as the economy continues to slow: As companies go out of business, employees sometimes lose access to their retirement funds. It’s not a new problem, but it’s one the U.S. Department of Labor (DOL) is trying to fix.

Automakers offer early retirement packages

02/12/2009

General Motors and Chrysler have offered blue-collar workers at selected plants early retirement packages. The buyouts allow the struggling manufacturers to cut short-term costs, but also reduce future labor costs.

New Ohio minimum wage trumps upcoming fed increase

02/12/2009

By now, you have probably adjusted your payroll software and hourly wage information to reflect the new Ohio minimum wage of $7.30 per hour, which took effect Jan. 1.

Is it OK to pay hourly workers comp time instead of overtime?

02/12/2009

Q. Is it legal for my company to pay our hourly employees comp time instead of paying time-and-a-half for overtime worked?

Federal minimum wage to top Florida’s $7.21 on July 24

02/12/2009

By now, you have probably adjusted your payroll software and hourly wage information to reflect the new Florida minimum wage of $7.21 per hour, which was effective on Jan. 1 …

What’s the hourly rate for family member caring for employee out on workers’ comp?

02/12/2009

Q. One of our employees was injured at work and is now receiving workers’ compensation benefits and leave. One of his family members provides attendant care for him. What hourly rate of pay should this family member receive for her services?

Corporatewide pay policies reduce class-action risk

02/12/2009

It’s one thing to have to pay a wage-and-hour claim for one or two employees. It’s quite another to have to defend a giant class-action overtime suit. One way to cut the risk that a minor problem will morph into a huge lawsuit is to enforce clear overtime rules.

Feel free to set different pay rates, but prepare to document business reasons why

02/12/2009

Pay discrimination has received lots of attention lately, especially since the Lilly Ledbetter Fair Pay Act became law in January. Employees now have longer to sue over pay disparity.