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Compensation & Benefits

Confidentiality provision may violate federal labor law

10/20/2008

A temporary employment agency violated federal labor law by including a confidentiality provision in an employment contract, according to a recent NLRB ruling (Northeastern Land Services, Ltd. dba The NLS Group and Jamison John Dupuy, 352 NLRB No. 89, 2008). In the case, the agency fired a worker for violating the confidentiality provision …

Must we pay for tryout time?

10/20/2008

Q. I recently heard the phrase “tryout time” and wondered what this phrase meant and how it may be applicable to my workplace …

What do we do now that our employees have voted for an alternative workweek?

10/20/2008

Q. Our employees recently voted to establish a 4-10 workweek—four workdays a week, 10 hours per day. Are we required to submit the election results to the state? …

Justify why similar work warrants different pay

10/20/2008

If some of your employees perform similar jobs under different pay structures, make sure you can justify the differences with good, solid reasons that will stand up to a side-by-side comparison. Otherwise, one of your lower-paid workers may sue you for discrimination.

The HR I.Q. Test: November ’08

10/17/2008

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

Run FMLA leave concurrent with other leaves

10/17/2008

Q. One of our employees will be out for medical treatments for four to six weeks. He doesn’t want to use FMLA leave, just his accumulated sick and vacation days. We’re afraid he’ll use them up and then demand 12 weeks’ FMLA leave. Can we make him use FMLA leave first? …

Can we terminate employees on workers’ comp?

10/17/2008

Q. We have two employees who went out on workers’ compensation leave and never came back. They’re still listed as employees. Can we lay them off? …

Can we require workers to pay for their uniforms?

10/17/2008

Q. We’d like our retail staff to wear uniforms. Can we charge them for the uniforms? …

Federal contractors: Heed the government’s new test for pay discrimination

10/17/2008

If your organization benefits from federal contractors, familiarize yourself with the new “tipping point test” of the Office of Federal Contract Compliance Programs (OFCCP) …

Connecticut becomes third state to recognize same-sex marriages

10/14/2008

By one vote, the Connecticut Supreme Court ruled that the state’s law requiring same-sex couples to enter into civil unions rather than marriages was unconstitutional. Connecticut now becomes the third state—after Massachusetts and California—to recognize same-sex marriages. Connecticut employers must now alter their employment policies and benefits to match the patchwork of federal and state laws that this decision creates.