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Compensation & Benefits

Telecommuters eligible for FMLA? Geography may be irrelevant.

05/01/2004
An account executive who telecommuted from her California home office sued her Kansas-based employer, claiming she was fired after taking FMLA leave to recover from surgery. The company said she was …

Return pregnant employee to equivalent job

05/01/2004

Q. When an employee returns from maternity leave, do we have to give her the very same job she had or can she be put to work in a different type of position? —J.B., North Carolina

Serious illness, not just its symptoms, triggers FMLA

05/01/2004
Issue: Can employees earn FMLA leave if they just show symptoms of an ailment that eventually becomes a qualifying “serious condition?” Benefit: The answer is “No.” You don’t have to …

Job openings: No duty to notify employees on leave

05/01/2004

Q. One of our employees is on leave after giving birth. She may qualify for a position that recently opened up. Do we have an obligation to notify her of that opening? —R.D., Ohio

Labor unveils final overtime rules: What now?

05/01/2004
Issue: The Labor Department has finalized rules that redefine which employees are eligible for overtime pay. Benefit/risks: Clearer rules should cut your misclassification risks, but you face a steep learning …

To avoid ‘glass-ceiling’ lawsuits, study fairness of pay, promotions

05/01/2004
Glass-ceiling lawsuits, in which women or minorities claim they’re prevented advancement beyond a certain point, are tough to prove, but not impossible. If an employee can show a pattern of discrimination, …

Don’t dock employees for time worked

05/01/2004

Q. We give employees the choice of using two 10-minute breaks each day or combining them into one 20-minute lunch break. The employees are required to punch out and in for these breaks. Now, we have a policy that docks employees 15 minutes if they’re four or more minutes late returning from a break. Is this legal? —J.B., Texas

Lessons from the court: job evaluations, break-time pay

05/01/2004
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Parenthood: Walk the fine line between accommodation & bias

05/01/2004
Even if your state or local laws protect employees based
on their “marital status” or “family responsibilities,” that
doesn’t mean parent/employees can create their own schedule. You can still …

Employee can’t cite ‘stock-loss stress’ for workers’ comp claim.

04/01/2004
After a California utility worker saw his $200,000 in company stock plummet in value, he left work and filed a workers’ compensation claim, citing stress. While the state workers’ comp board …