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Compensation & Benefits

Michigan joins other states needing unemployment bailouts

10/10/2008

Michigan’s unemployment fund is once again running dry. The fund has had to borrow from the federal government during the past two years to stay solvent, amassing a debt of $255 million. But as bad off as it is, Michigan’s unemployment fund isn’t alone …

Recalculate hours worked for 2nd FMLA request

10/10/2008

To qualify for FMLA leave, employees must have worked 1,250 hours in the preceding year. It sounds like a pretty simple calculation, but it’s not. The fact is, you could be allowing leave for employees who aren’t actually eligible for it. Here’s one way to tighten up eligibility …

Can we deduct pay from exempt employees who have used up PTO and FMLA leave?

10/10/2008

Q. We have an employee who has a degree in accounting and is treated as a salaried, exempt professional employee under the FLSA. He became ill and has used his 12 weeks of FMLA leave. He chose to use the PTO leave concurrent with his FMLA leave. Since he returned, he has missed seven additional days of work. Can the company deduct these missed days from his pay without losing the salaried, exempt status?

New state genetic discrimination law exceeds federal measure

10/08/2008

Gov. Rod Blagojevich recently signed an update to the state’s decade-old genetic nondiscrimination law, which prohibits employers from using genetic information against employees. In some situations, the state law exceeds the protections granted under the federal Genetic Information Nondiscrimination Act (GINA) enacted this spring …

Ask for clear notice of FMLA condition

10/08/2008

Employees who need FMLA leave to deal with serious health conditions are supposed to let their employers know. Employees don’t have to use the words “FMLA leave” when they request it, but they must give their employers enough information to reach the reasonable conclusion that the employee has a serious health condition. Simply calling in sick isn’t enough …

State agencies grapple with personnel moves to meet budget

10/08/2008

State department heads have taken different approaches to achieve the $2 billion in budget cuts mandated by Gov. Rod Blagojevich for this fiscal year. The Department of Children and Family Services cut 179 positions and planned to transfer 127 workers to vacant spots in more-urgent areas …

Minutes—not just hours—count when figuring FMLA eligibility

10/08/2008

When it comes to getting paid, every minute matters in wage-and-hour cases. Does that same rigid rule apply to the FMLA?
The U.S. 7th Circuit Court of Appeals in Chicago has now said you had better use your stopwatch when it comes to counting work time that applies to FMLA eligibility. Every minute counts toward the 1,250-hour minimum employees have to work in a year …

Things not to say during government hearings

10/08/2008

Betzy Cowan, who worked for McLean County Clerk Peggy Ann Milton, has filed a complaint with the state Department of Labor (DOL) seeking $3,000 in unpaid overtime. Testifying in a misconduct hearing against Milton last year, Cowan said her boss frequently asked her to shuttle Milton’s children home on county time …

New law brings oversight to outsourced HR

10/07/2008

Gov. Bill Ritter recently signed into law the 2008 Professional Employer Organizations Modernization Act, which promises greater security for small businesses that rely on PEOs to provide outsourced HR management, employee benefits, payroll and workers’ compensation services …

Nov. 4 ballot initiatives may change Colorado employment law

10/07/2008

November’s election has special implications for Colorado employers because a number of ballot issues involve employment law. The ballot features dueling initiatives: four measures brought by organized labor in response to three measures sponsored by business interests …