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Compensation & Benefits

Always verify FMLA eligibility before approving leave

08/01/2005
Issue: Courts won’t look kindly on employers that OK an employee’s FMLA leave but then change their minds.
Risk: In such cases, courts could grant FMLA rights even if the …

Retain benefit eligibility after FMLA leave

08/01/2005

Q. We understand that employees on FMLA leave don’t lose investment toward retirement plans. Leave time is counted as work time. But our policy says that if employees are out for more than 30 days, their anniversary dates will change. Accrued paid-time off and vacation time will be based on the new anniversary date. Can we do this? —K.A., Connecticut

Break into vacation-Leave bank if sick leave is empty

08/01/2005

Q. If an employee is out sick but has already used up her sick-leave hours, can we legally subtract from her vacation time instead? —K.P., Michigan

Leave-deduction option isn’t enough to destroy exempt status

08/01/2005
One of the biggest pitfalls with the Fair Labor Standards Act is the salary trap. FLSA entitles exempt employees to their entire regular salary in any week they are ready, willing …

Beware misclassifying assistants and computer pros

08/01/2005
The Labor Department’s revised overtime regulations that define which white-collar employees are “exempt” employees (not eligible for overtime pay) and “nonexempt’ employees (eligible for overtime) turn one year old in August. …

Don’t punish employees for wrong drug-Test hunch

08/01/2005

Q. We suspected an employee was using drugs, so we sent him to be tested. We told him he couldn’t work until the test came back in two days. The results were negative. What financial responsibility do we have? Do we owe him lost wages for those two days? —L.B., North Carolina

Pay employees for their ‘pre-work’ work

08/01/2005
When employees arrive and prepare their workstations for the day ahead, does that count as compensable time? Yes, as one employer found out the hard way last month. Humana must pay …

Employees waste twice as much time as you think

08/01/2005
HR professionals assume that employees, on average, waste 56 minutes per day at work. But the truth is that U.S. employees admit to squandering more than two hours a day, says …

Totally disabled employees aren’t eligible for job accommodations

07/01/2005
Employees who ask for and receive disability benefits may sometimes also ask for workplace accommodations for their disabilities. In some cases, they may be entitled to both; in other cases, not. …

Overly aggressive defense tactics may backfire on you in court

07/01/2005
When defending an employment lawsuit, be careful about authorizing your attorneys to use exceedingly aggressive tactics. If your lawyer goes overboard, you may end up paying the other side’s attorney’s fees. …