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Compensation & Benefits

Florida high court sides with employees—Employers liable for unconcealed negligence

08/01/2007

The Florida Supreme Court has upheld an employee’s right to sue his or her employer directly for intentional torts even when the same employee receives workers’ comp for the injury …

Temporary staffing agencies benefit from turning over control

08/01/2007

Workers’ compensation benefits are the exclusive remedy for employees hurt on the job … unless a third party causes their injuries …

Employee or independent contractor? For workers’ comp, commission is last word

08/01/2007

Independent contractors aren’t eligible for workers’ compensation benefits paid by their contractor’s insurer, but employees are …

Insurance carrier claims it didn’t understand policy

08/01/2007

Farmers Automobile Insurance Association (FAIA) failed to pay overtime to its claims adjusters in violation of the Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Act …

State treasurer offers health benefits to same-Sex partners

08/01/2007

State Treasurer Alexi Giannoulias has extended same-sex health benefits to treasurer’s office employees …

Health insurance maintained during FMLA leave

08/01/2007

Q. We have an employee who is out on an FMLA leave of absence. Our company provides health insurance for its employees and their families, and employees pay 20% of the premium. Our employee has not paid his share of the premium. Should we cancel his health insurance? We are very nervous about doing so because the employee has a very serious health condition. — J.B.

Check accuracy of workers’ comp calculations to avoid penalties

08/01/2007

Georgia employers who make mistakes when calculating workers’ compensation benefits can’t go back more than two years to recoup overpayments …

Workers’ comp applies when fellow employees hurt each other while working

08/01/2007

Employment-related injuries are covered by workers’ compensation even if those injuries may have been caused by the negligence of a fellow employee. Employees who are hurt can’t sue the other employee directly; they must make a claim with their employer’s workers’ compensation insurer. As a practical matter, that means employers will bear the brunt of any injury …

Relocating the office? Employees can sometimes quit and get unemployment

08/01/2007

Pennsylvania employees who quit their jobs when their employers move can sometimes collect unemployment compensation. The Unemployment Compensation Board of Review looks at individual situations and determines whether the move forced the employees to quit for “necessitous and compelling” reasons. Examples include a longer, more expensive commute or disruption of child care routines …

Accepting early retirement doesn’t mean automatic unemployment

08/01/2007

To streamline the work force, some employers encourage early retirement and may even include an inducement in the form of enhanced benefits. But unless the employer informs the employee her job is endangered unless she signs up, the employee is probably not eligible for unemployment compensation …