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Compensation & Benefits

Do holidays count when calculating FMLA or CFRA leave?

10/01/2007

Q. When determining the amount of leave an employee has used, do holidays count against the 12-week entitlement under the FMLA or the California Family Rights Act (CFRA)? …

Employees have no unilateral right to pick shifts under FMLA

10/01/2007

You no doubt know how hard it is to juggle shifts and schedules to accommodate employees who need FMLA time off. You rely on those employees to tell you as far in advance as possible that they need time off, and then rearrange schedules and workloads to be as accommodating as possible. You can and should be a stickler for getting as much notice as possible. Don’t worry: FMLA doesn’t permit an employee to unilaterally demand you immediately assign him or her to a different schedule …

‘Association’ with disabled no automatic assurance of leave

10/01/2007

The ADA makes it illegal to discriminate against employees because of their “association” with disabled people. But what about disciplining an employee for taking time off to care for the disabled person? According to a recent Pennsylvania case, that’s perfectly OK—as long as FMLA leave is not involved …

Attendance discipline needs care if employee qualifies for FMLA leave

10/01/2007

Q. An employee of ours has attendance problems. Before we could counsel her on the attendance problems, she was approved for intermittent FMLA to care for her elderly mother. While she has taken FMLA days for her mother, she also continues to have attendance problems unrelated to her FMLA leave. Can we proceed with counseling and possible disciplinary actions while she is under FMLA? …

Pay correct, timely wages in NC or risk double damages

10/01/2007

North Carolina’s Wage and Hour Act says that if you fail to pay workers what they’re due, they can sue for those unpaid (or late) wages, plus a penalty of double what was due. Your only defense to double damages: proof that you acted in good faith and reasonably—a tough task …

How soon must NC employers pay final checks?

10/01/2007

Q. We have an employee whom we fired on a Monday and we paid him his final check on the next regular payday (the following Friday). He said we legally had to issue his final check within 48 hours of the firing. Is that true?—M.D. …

Don’t dock last paycheck for ‘Stolen’ laptop

10/01/2007

Q. Our company recently terminated an employee for violating company policy. At the time of his termination, he had a company laptop, which he refuses to return. Can we withhold his final paycheck pending the return of the company equipment? Or, can we deduct the value of the equipment from his final paycheck? —S.F. …

Collecting for damaged equipment

10/01/2007

Q. We recently terminated an employee and subsequently learned that he damaged company equipment through his own negligence. My boss wants to deduct the cost to repair the damage from his final paycheck. Is this legal? …

When employee keeps our property, can we deduct from the last paycheck?

10/01/2007

Q. If an employee quits or is terminated and refuses to return employer property—such as a pager or a cell phone—can the employer deduct the value of the property from the employee’s final paycheck? …

Insist on accurate time sheets, even if it costs you OT

10/01/2007

The Fair Labor Standards Act says employers must pay overtime to hourly employees who work more than 40 hours per week. Work time includes more than just the hours you put on the employee’s schedule—it also includes any time you “permitted” the employee to work outside the schedule. And therein lies a big overtime headache …