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Compensation & Benefits

Is there any requirement to offer vacation benefits?

11/01/2007

Q. Must I offer vacation time to my employees? If I do, must I pay terminated employees for their unused vacation time? …

Time off beyond FMLA may be reasonable accommodation

11/01/2007

The FMLA gives eligible employees up to 12 weeks of unpaid leave per year. Employers are free to discharge employees who cannot return to work after that time is up—that’s legal under the FMLA. But before you fill out that pink slip, consider whether the employee may be disabled under the ADA. If so, he may be entitled to more time off as an accommodation …

Don’t let FMLA trip you up: Have HR investigate leave abuse

11/01/2007

You expect employees to follow your attendance and time-reporting rules and probably discipline those who don’t. But you need to know that FMLA leave can be an attendance minefield where disciplinary actions can cause great damage. Employees who allege that employers “willfully” interfered with their FMLA rights or retaliated against them for taking FMLA leave have up to three years to sue. One way to prevent the willful violation charge is to take the employee’s supervisor out of the disciplinary process …

What to do after salaried employee maxes out leave

11/01/2007

Q. I have a salaried employee who used all his vacation and sick time. He is allowed a total of 21 days and has used 22, but he wants to take more vacation in November and is always sick (so he’ll probably be out more). Can I deduct his pay if he’s out more? Or can I take days from next year? This may be an ongoing thing every year …

No matter how many contracts, OT still starts after 40 hours

11/01/2007

Do you have employees working on different contracts during the same week? If so, you must make sure you add up their total number of hours and pay overtime for the hours in excess of 40 per week. You can’t issue separate paychecks for each contract and avoid overtime payments. The Fair Labor Standards Act clearly states that all hours worked “for a particular employer” count for overtime, even if the work is done on different projects or contracts.

Can we deduct money owed from employee’s last paycheck?

11/01/2007

Q. An employee of ours owes the company about $450. He rented a car using our company charge card and never repaid us. Now he has submitted a resignation letter. Can we deduct the $450 from his final pay? …

6 ways to help employees build nest eggs

11/01/2007

More than 60% of employees are counting on a defined-benefit pension plan to fund retirement, even though they acknowledge that the system is moving away from that traditional savings system. Among workers whose employers have reduced their retirement benefits, nearly 40% say they haven’t done anything to pick up the slack. Your organization can help employees build their nest eggs. Here are six ways …

Green light to discipline managers who doctor time cards

11/01/2007

In today’s litigious environment, it doesn’t take much for a disgruntled employee to launch a class-action overtime lawsuit. In fact, such litigation is sweeping the country—and costing employers millions of dollars. That’s why conscientious employers act fast to stamp out a dangerous and illegal practice: managers altering pay records to avoid paying overtime. If you catch managers cooking the payroll books, punish them promptly …

How to handle missed time-clock punches

11/01/2007

Q. At our office, if an employee misses a time-clock punch, his pay for that day is suspended until he receives his check stub. The employee must then fill out a missed time-card punch form and have it signed by a senior partner. The missed pay is then applied to the person’s next pay period. Is this legal? — D.L., Virginia …

Timing on final paychecks

11/01/2007

Q. When is an employer required to give a worker his final paycheck? …