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Compensation & Benefits

DOL can pursue visa pay violations even without a complaint

07/09/2008
Here’s a word of warning to employers that hire workers from overseas to fill critical jobs: A federal court has ruled that the DOL can investigate alleged violations of the H-1A visa program’s equal-pay requirements, even if no particular employee has complained. The ruling may mean more employers will find DOL investigators on their doorsteps …

Companies try doctors’ bonuses to reduce employee depression

07/08/2008
A group of Minnesota employers is piloting a pay-for-performance program to combat employee depression. The program is sponsored by the Buyers Health Care Action Group (BHCAG) …

Roseville company sued for pocketing health insurance funds

07/08/2008
The U.S. Department of Labor (DOL) has filed suit against Catherine Ellingen, owner and president of Plywood Industries in Roseville, over violations of the Employee Retirement Income Security Act (ERISA) …

How to regain wages paid after worker falsified timecards

07/08/2008
Q. We recently discovered that one of our employees has been falsifying her timecards. When we confronted her, she admitted it but said that she only began doing this recently. An internal investigation showed that this has been going on for several years. Over the past two years our company overpaid her at least $5,000 as a result of her fraud. She resigned. Her final paycheck, including wages and accrued paid time off, is $1,500. Can we refuse to pay her final paycheck and use that money to offset the $5,000 she owes us? How do we recover the remaining $3,500? …

Sign of the times? Schools consider 4-Day week

07/08/2008
The MACCRAY School District, which serves the towns of Maynard, Clara City and Raymond, has floated a plan to cut Monday classes to save on fuel prices …

The FMLA and domestic partners

07/07/2008
Q. Several of our company’s employees live with domestic partners. Are these employees entitled to leave under the FMLA? …

Balance FMLA and ADA rights to avoid potential trouble

07/07/2008
What happens if an employee who qualifies for FMLA leave also has a qualified disability under the ADA, a disability that could be accommodated with additional time off or a job modification? Before you discharge someone unable to return to her old job after 12 weeks of FMLA leave, consider whether she is disabled and can be accommodated—if she asks …

Make sure employees understand your FMLA calendar

07/07/2008
FMLA regulations provide employers with four options for calculating how much leave employees are entitled to at any given time. But if you don’t select a method and let employees know, the DOL says you must use the one most beneficial to the employee. That may mean doing four calculations every time an employee wants FMLA leave …

Worried about leave abuse? You can require regular call-Off

07/07/2008
Employees who have chronic medical conditions that require intermittent FMLA leave sometimes take advantage of alleged flare-ups to go on vacation or otherwise miss work for personal reasons. Discourage that kind of abuse by requiring them to call in daily. If the employee ignores the requirement, you can terminate her for failing to follow company policy …

Returning worker, FMLA leave and consecutive employment

07/07/2008
We have an employee who has worked for us for more than 12 months, but not 12 consecutive months (he left, and then we rehired him). Now this employee is requesting FMLA leave. Must the months of employment required to be eligible for FMLA leave be consecutive? …