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Compensation & Benefits

Resist the temptation to misclassify employees as contractors

04/09/2008
You’re writing your unemployment insurance checks, paying workers’ compensation premiums and remitting payroll taxes to the government when a bright idea occurs to you: If only your employees were independent contractors, you wouldn’t have all these expenses. The Illinois General Assembly understood the appeal of that daydream—and took action to slap you back to reality …

Consistently applied blanket-Leave limits don’t violate FMLA

04/09/2008
If you’re having absenteeism problems, consider instituting a policy that says an employee who exceeds an absence threshold will be automatically terminated—regardless of the reason. Such a policy can cover absences relating to personal or vacation leave, time off covered by workers’ comp and even FMLA leave …

Beware cancellation of Assigned Risk Plan workers’ comp

04/08/2008
Employers that can’t get workers’ compensation insurance in the private insurance market can get coverage through the Minnesota Workers’ Compensation Assigned Risk Plan (MWCARP). To get the coverage, an employer typically pays a small estimated premium …

Discharged for moonlighting? Former employee may not be eligible for unemployment

04/08/2008
If you discharge an employee who has been moonlighting, and he or she continues to work on the side, the moonlighting income may make the former employee ineligible for unemployment compensation …

No joke: Al Franken agrees to pay workers’ comp fine

04/08/2008
Democratic Senate candidate Al Franken has agreed to pay a $25,000 fine to the state of New York for failing to carry workers’ compensation for almost three years. The fine was levied in August 2006 after a web site supporting incumbent Republican Sen. Norm Coleman reported that Franken had not paid the insurance on his personal corporation …

Charging employees for uniforms

04/08/2008
Q. We would like to require employees to pay for their work uniforms. Can we do this? …

Exempt employees and a reduced workweek

04/08/2008
Q. During our slow season, we would like to require employees to work just four days per week in order save on labor costs. Can we require exempt employees to participate? …

Texas state unemployment tax to be partially suspended

04/07/2008
Gov. Rick Perry announced on March 10 that the state’s unemployment insurance replenishment tax will be suspended for one year. As a result of the suspension, about 370,000 affected businesses should see a tax savings of approximately $90 million …

No light-Duty jobs open when employee returns? You don’t have to retain him

04/07/2008
Sometimes, injured employees use up all the leave their employer or the law allows before they’re ready to return to work. If the employee isn’t disabled as defined by the ADA, you can remove the employee from the payroll. (He may still be eligible for workers’ compensation payments.) …

A good reference for a good worker, even though we fired him?

04/07/2008
Q. We had to fire a good worker because of absenteeism problems. When someone who wants to hire him calls to verify past employment, what can we say about this man? …