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Compensation & Benefits

We’re going to be slammed this month! Must we let employee remain on FMLA leave?

11/06/2008

Q. One of our employees hurt her back lifting boxes. She has been off work for several weeks. We have been counting her absence against her FMLA entitlement. She was scheduled to return to work recently, but she now tells us the healing will take longer than expected. December is our busiest time of the year! Must we continue giving her leave?       

May we replace an employee on FMLA leave?

11/06/2008

Q. We have an employee on FMLA leave. Can we replace her and find a different job for her when she returns?

Employment law in the Obama administration: What to expect

11/06/2008

With a Democratic-controlled Congress, President-elect Barack Obama will likely push for these employment law priorities …

What should we do once an employee exhausts FMLA leave?

11/06/2008

Q. We are a large company and are dealing with a situation with a sick store manager. He has used up all his FMLA leave and is still not able to return to work. Can we safely terminate his employment now?

Did Denver International snowplowers pull a snow job?

11/06/2008

A report released by Denver Auditor Dennis Gallagher in October accused employees in the Denver International Airport’s (DIA) Snow Operation Support Program of willfully collecting nearly $7,000 in unearned overtime pay.

Beware FLSA peril: Constantly changing schedules and pay may destroy exempt status

11/06/2008

Employees who are classified as exempt under the FLSA can be paid on a salary basis and must work as many hours as necessary to get the work done. However, some employers make such frequent changes to the salary levels of exempt employees that it can almost seem as if the employees are being paid on an hourly basis. When that happens, the employer loses the right to skip paying overtime.

Constructive discharge a tough sell after you ask to be fired

11/06/2008

Mary Barone had worked for United Airlines since 1995. In 2005, she was promoted to manager of business process administration in Denver. Eventually, Barone sued for discrimination and retaliation, alleging constructive discharge—essentially that she had no choice but to resign.

Is paying a daily wage risky?

11/06/2008

Q. In our industry, there is a historical practice to pay field workers a daily wage, which compensates them for all hours worked. Now we understand that class actions are being used in the wage-and-hour area to fight such practices. Is this practice a good idea in light of class-action suits?

Feds offer relief for benefits plans affected by Ike

11/04/2008

In response to damage caused by Hurricane Ike, the IRS, the U.S. Department of Labor’s Employee Benefits Security Administration and the Pension Benefit Guaranty Corporation have issued a federal notice allowing leeway for compliance with employee benefits plan requirements.

Unemployment claims rise in wake of Gulf hurricanes

11/04/2008

The number of new unemployment benefits claims filed nationwide increased by 32,000 in late September, a spike at least partially attributable to layoffs that followed hurricanes Gustav and Ike. That brought total late September unemployment claims to 493,000.