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Compensation & Benefits

Give notice before changing benefit terms

12/01/2003

Q. Currently, our company pays 70 percent of employees’ health insurance premiums. But we need to either decrease the percentage or possibly ask employees to pay the entire premium. How much notice must we give employees before making such a change? —D.O., Louisiana

Court: ‘Serious health condition’ requires 3 full days of incapacity

12/01/2003
When it comes to judging whether an employee’s serious health condition qualifies for Family and Medical Leave Act (FMLA) protection, require at least three consecutive, full days of incapacity. A new …

Avoid stricter notification policy than FMLA requires

12/01/2003
Can your organization require employees to give notice of their need for FMLA in a way that’s more stringent than the standards set by federal law? Courts are split on this …

Steer clear of cutting sick worker’s job in half

12/01/2003

Q. One of our full-time employees, age 60, is ill and expected to be out six months. We’d like to make her position part time, because we need to hire an additional part-timer in another department. Essentially, we’d like to split her full-time job into two part-time positions. Is this legal? —D.H., Texas

Only 3 full days of incapacity will trigger FMLA leave

12/01/2003
Issue: Court raises threshold for employees to qualify for FMLA leave. Benefit: Workers can take FMLA leave if they have a serious condition causing three consecutive full days of incapacity, …

Don’t mandate direct deposit of employees’ pay

12/01/2003
Issue: Some state rules seem to clash with federal rules over whether you can require employees to accept pay via direct deposit.
Risk: By following your state law, in some …

Be careful how you answer pleas for overtime pay

12/01/2003
Issue: If you’re sued for unpaid overtime pay, your damages can mount quickly if the court sees a “willful” violation. Risk: The FLSA enables courts to award employees up to …

You can’t make employees contribute to charity

12/01/2003

Q. Is it legal for us to strongly encourage our employees to have money withheld from their paychecks to support a charity drive, like the United Way? —L.M., Texas

Don’t discriminate against short people

12/01/2003
A well-publicized study could raise skepticism (and, potentially, legal complaints) by short people about your pay practices. The study, to be published in the Journal of Applied Psychology, found that, in …

Don’t try to ‘explain away’ overtime errors

12/01/2003
Counsel your managers to treat overtime complaints with respect, and avoid any cavalier statements or excuses about why someone hasn’t been paid overtime. Reason: You face big risks by making such …