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Compensation & Benefits

Fire away … but be prepared to defend terminations

06/03/2008
Employment terminations fall into several categories. Whether the situation involves new hires who didn’t work out, firings for cause or performance issues, or voluntary resignations, terminations often lead to litigation. For each type of termination, there are some common ways employers can make sure they can defend themselves if challenged …

Branch offices and FMLA leave

06/03/2008
Q. Our company has about 75 employees scattered throughout 10 offices in the state, with a maximum of 10 in any one office. One of our employees has requested FMLA leave for a serious health condition. Do we have to provide it? …

Hourly pay for highly paid workers

06/03/2008
Q. We want to hire certain highly paid workers at an hourly rate, but we don’t want to pay overtime at time and a half. These workers would perform exempt duties for purposes of the Fair Labor Standards Act. What are our options? …

Penalties under the Colorado Wage Act

06/03/2008
Q. We just received notice from a terminated worker that he believes we owe him money for unpaid commissions. What is our potential risk in this situation? …

Can a credit card company garnish one of my employees’ wages?

05/30/2008
Q. I have been contacted by a credit card company about garnishing the wages of one of my employees. Can a credit card company garnish wages in Texas?

Court says liability insurer must cover employee defamation

05/30/2008
Good news for employers carrying various types of liability coverage: A Texas Court of Appeals has sided with an employer that attempted to collect on a liability policy after it lost a $1.75 million defamation judgment …

Be sure to coordinate with FMLA administrator before firing

05/30/2008
If you outsource to another company to administer your FMLA process, work closely with it to ensure you aren’t firing an employee who has been approved for FMLA leave. Instead, make it standard practice to double-check FMLA status before taking any employment action …

Can we mandate paying via direct deposit?

05/30/2008
Q. Can a Texas employer require its employees to accept payment of wages through an electronic transfer of funds? …

Instruct supervisors to prohibit working off the clock

05/30/2008
A Fair Labor Standards Act (FLSA) overtime claim is one of the most dangerous lawsuits employers can face. If one or two employees claim they worked off the clock before or after punching the time clock, their attorneys may try to represent every employee companywide who did the same thing …

Continental Tire must fund VEBA

05/28/2008
Charlotte-based Continental Tire North America has agreed to pay $158 million into a Voluntary Employees’ Beneficiary Association, or VEBA, to continue health care benefits for approximately 2,400 retirees and workers. The workers sued after Continental reduced retiree health care benefits …