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Compensation & Benefits

Failing to ask for 2nd and 3rd medical certs doesn’t bar later challenge to FMLA eligibility

05/01/2007

Under the FMLA, employers who don’t ask for a second or third certification of an employee’s serious health condition aren’t forever barred from challenging the employee’s condition, as a recent Michigan case shows ...

Does FMLA require leave to care for grandchildren?

05/01/2007

Q. The out-of-town daughter of our employee has been confined to bed rest during her pregnancy. The daughter is 24. Our employee has requested FMLA leave to be with her and take care of the grandchildren. Are we required to honor this request?—J.B.

Failing to follow call-in rules doesn’t void FMLA claims

05/01/2007

You probably have a policy requiring employees to call in when they need time off to deal with health issues or face termination for abandoning their jobs. But don’t expect your procedure to trump the FMLA …

Detailed wage records can prevent back-Pay complaints

05/01/2007

Zablocki Industries, which operates Aunt Heddy’s Bakery in Brooklyn, has agreed to pay $25,687 in back wages and interest to six employees to settle a U.S. Labor Department lawsuit …

Direct deposit requires employee’s written consent

05/01/2007

Q. We have been told by our accounting office that the company could save a great deal of money if it could get away from the payroll practice of providing employees with checks, and instead go to a direct-deposit arrangement. We have both a non-union work force and a small group in a union. Can we go ahead and implement such a change, or negotiate a change with the union?—M.B.

Pay back for training costs

05/01/2007

Q. Training in our field is pretty specialized and expensive. We don’t mind investing in our employees, but want to make sure that we get the benefit of the training. We have a requirement that newly trained employees must continue to work for us for at least six months following their training, or they are required to pay back the company. Our problem is how to make sure they pay it. Can we deduct it from their last paycheck?—D.B.

A genuine child-Support court order?

05/01/2007

Q. In this morning’s mail I received a letter from some group I have never heard of, asking for payroll information on an employee. The letter said, “This information is necessary to enforce court-ordered child support.” It does not say that it is a subpoena or a garnishment, and there is no court order or any kind of a waiver from the employee. I have already tossed it in the trash, but I don’t want to do something wrong. Do I need to dig it out?—S.W.

Reserve Rewards for Top-Notch Performance

05/01/2007

Imagine if your organization’s managers could stop paying people and start buying their results, one by one. What do you think would happen if every manager had the discretion, the ability, the skill and the gumption to start negotiating with employees as if they were outside vendors? …

Get Well-Versed in Overtime or Face Bad-Faith Damages

05/01/2007

Ignorance of the law is no excuse when it comes to deciding who’s exempt from overtime and who gets paid hourly …

Exempt or not? Track employees’ hours either way

05/01/2007

Figuring out who should be classified as exempt or hourly is undoubtedly one of the hardest parts of an HR professional’s job. Get it wrong, and your organization may owe thousands in back pay and penalties …