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Compensation & Benefits

Count minutes—not just hours—when figuring FMLA eligibility

09/23/2008

The FMLA limits leave eligibility to those employees who have worked at least 1,250 hours in the previous 12 months. Employers are perfectly within their rights to stick scrupulously to that 1,250-hour benchmark. They don’t have to round the hours up if the employee comes up short …

Apprentice forms and paycheck deductions

09/23/2008

Q. One of the positions in our manufacturing company has a formal apprenticeship program. To stay accredited, we must submit monthly reports showing the number of classroom training hours in which each apprentice participates. Submission of these forms is mandatory, and yet every month there are always some apprentices (for whatever reason) who fail to submit their forms. Can we withhold a portion of an apprentice’s paycheck at the end of the month until we receive the training reports? …

Hours equity: The next frontier of wage and hour lawsuits?

09/23/2008

A class-action lawsuit by 15,000 Indiana state government employees has gone forward to determine whether several state agencies and institutions paid workers unequally by allowing some to work 37.5-hour weeks while others had to work 40-hour weeks …

N.J. employers pay well above national average for health care

09/22/2008

It may be true that you get what you pay for, but New Jersey employers are paying more than most for health care, according to the 2008 Health Plan Survey conducted by United Benefit Advisors (UBA) …

‘Employee’ misclassified? Refer to IRS to recover SS taxes

09/22/2008

Employees have to pay 7.65% of their wages in Social Security taxes, while employers pay a matching 7.65%. Independent contractors have to pay the entire 15.3% themselves. But what happens if an independent contractor is misclassified and should really be an employee? Can the individual sue her putative “employer” for the 7.65% the company should have paid? …

State looks to boost pension fund with hedge fund investments

09/22/2008

The New Jersey Department of the Treasury has received court approval to invest $9 billion of the state’s public employee pension fund in alternative investments, including hedge funds, in an attempt to improve performance in a sluggish market.

It’s up to you to stay current on industry-specific regs

09/22/2008

It’s tough to keep up on all the latest changes in employment law. Busy HR professionals have to handle day-to-day problems and make sure new rules and regulations make their way into that routine. But it’s vital to be up to date on new regulations relevant to your industry. Otherwise, you could face extensive, expensive and needless litigation …

Lavatory attendants, while not flush, will at least make minimum wage

09/22/2008

An investigation by the New York State Department of Labor (NYSDOL) revealed that lavatory attendants at county fairs in western New York, New Jersey and Connecticut were not only unpaid, but were forced to give 50% of their tips back to their employer, Portlock Maintenance Systems.

Freehold education administrators go back to school … sort of

09/22/2008

The New Jersey Department of Education (NJDOE) has found that three Freehold Regional High School District administrators who attained advanced degrees from a purported “diploma mill” did not intend to deceive the district.

Former legal secretary says firm reneged on disability payments

09/19/2008

A legal secretary who formerly worked for the law firm Townsend and Townsend and Crew recently filed a motion for summary judgment on her claim that the intellectual property firm owes her money under a long-term disability claim regulated by the Employee Retirement Income Security Act …