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Compensation & Benefits

Exempt status in question? ‘Good-Faith’ reply saves the day

04/01/2007

If an employee comes forward to protest that you owe him overtime pay because he should truly be a nonexempt worker, it pays to act fast and be able to show good cause why you classified him as exempt in the first place …

You can’t directly call doctor for FMLA information

04/01/2007

There’s a right way and a wrong way to make sure employees have a “serious” condition that qualifies for FMLA leave …

You can’t force employee to use paid time if on disability

04/01/2007

If you require employees to use accumulated sick leave, vacation time or other paid leave when they’re out on FMLA leave, be aware of a little-known trap: If that employee also is receiving payments through a disability plan, you can’t force the person to use up his or her accumulated paid leave …

New rules haven’t eased exempt/Nonexempt confusion

04/01/2007

Amid much fanfare, the U.S. Labor Department in 2004 rewrote the rules that determine which employees are exempt from the Fair Labor Standards Act (not eligible for overtime) and which are nonexempt (eligible for overtime). The goal was to ease confusion and lawsuits. But, so far, that hasn’t happened …

HR as mobsters: Supreme Court lets workers use organized-Crime law to sue their employers

04/01/2007

The U.S. Supreme Court let stand a lower court ruling that a group of employees at a Georgia carpet company can use state and federal anti-racketeering laws to sue their employer …

Genetic discrimination bill takes another step in Congress

04/01/2007

A committee of the U.S. House of Representatives approved legislation last month that would ban employers from collecting genetic information from employees and applicants and prohibit the use of genetic tests when making employment decisions …

Planning for a pandemic flu: Is your organization prepared?

04/01/2007

After preparing for Y2K, anthrax and hurricanes, HR and legal professionals must now turn their attention to pandemic planning …

Must we pay hourly worker for drive to conference?

04/01/2007

Q. Recently a nonexempt employee left from work to attend a two-day conference. She left at 2:30 p.m. and arrived at the location at 5:00 p.m. I interpret that we should pay for eight hours since her travel was from the work location and within normal work hours. The next day, she left the conference at 4:15 p.m. and arrived back in town at 7 p.m., but she didn’t stop at the office. Since travel time is outside of normal (8:00 a.m.–4:30 p.m.) work hours, is she paid for travel time or just for work hours attending conference? —M.B., Georgia

Worker fails to give FMLA proof? Cut ‘Em loose

04/01/2007

Q. One of our employees had been out sick for two months. We’ve received a doctor’s note that just says he’s unable to work and that a return date is undetermined. We faxed and mailed FMLA paperwork, but it hasn’t been returned. Meanwhile, the employee is receiving disability benefits through our short-term disability plan. How do we calculate the start of FMLA leave? From the date the disability payment began? And if we never get the FMLA paperwork back, can we terminate him? — T.B., Tennessee

More clarity on the partial-Day deduction rule

04/01/2007

Q. I have a question about deducting leave for salaried staff. I don’t understand how we can deduct from employees’ paid-leave bank when they are gone for an hour or two during the day, when we don’t pay them anything extra when they work 50 hours in a week. For example, if an employee works 10-hour days on a regular basis, is it OK to charge her vacation time when she leaves an hour or two early? — J.H., Minnesota