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Compensation & Benefits

Self-administered benefits plan? Make sure your records are impeccable

10/24/2008

Companies that self-administer their ERISA benefits plans, take note: Because your benefits decisions carry an implied conflict of interest (since rejecting a request for benefits such as retirement or payment of a medical bill means spending fewer company assets), courts expect your decisions to be transparent and based on good documentation.

Layoffs: The right way to prepare and execute

10/23/2008

The U.S. economy was already on the brink last month when the Wall Street-fueled financial crisis came and pushed it over the edge. Organizations nationwide are being forced to slash costs, which often means cutting payrolls. Too often, however, employers make tactical errors during layoffs. Here are six key steps to help keep layoffs as legally painless as possible:

How will the election affect employment law?

10/23/2008

More than 60% of corporate counsels expect the election to have an impact on employment laws at their companies, according to a survey by The Association of Corporate Counsel.

More employers create ‘bridge jobs’ to appeal to retirees

10/23/2008

New research shows that more workers of retirement age are staying in their current jobs or returning to work, in part because of the sinking economy and dwindling nest eggs. Many of these older employees aren’t seeking full-time return at their past pay rates. They’re hunting for “bridge jobs.”

Can an injured worker double dip?

10/22/2008

Q. Can an injured worker obtain both workers’ compensation benefits and Social Security disability benefits at the same time? …

If FMLA is issue, log time of firing decision

10/22/2008

Employers that can show they had decided to terminate an employee before they knew he needed FMLA leave aren’t liable for interfering with that leave. But don’t think you won’t be challenged on your timing. That’s why you must make sure you can prove exactly when you made the decision …

OK to fire employee who lies about FMLA absence

10/22/2008

Employees sometimes don’t want to give their employers personal details about an illness or a condition that may be covered by the FMLA. But if you find out they lied about the nature of their health problems, you can fire them for violating your honesty policy.

Employees may sue for alleged pay promises

10/22/2008

You may not have to pay employees for every task they perform while getting ready to start their shifts. But if those employees can prove you told them they would be paid for that time, you may be liable.

Pa. law allows OT class actions that federal FLSA doesn’t

10/22/2008

Pennsylvania quickly became a go-to state for class-action lawyers after retail giant Wal-Mart lost a big case here last year. Don’t be vulnerable to high-dollar claims—have your attorney review your wage-and-hour rules now to avoid getting slammed by a class-action suit.

Time Off to Vote: State-by-State Voting Leave Laws Explained

10/21/2008

All indicators point to record voter turnout on Election Day, Nov. 4. Chances are, some (if not all) of your employees will want to take part of the day off to cast their ballots. No federal law requires employers to grant voting leave, but most states have laws that do. Here’s a state-by-state rundown of those laws to help you comply.