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Compensation & Benefits

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 …

Schools aren’t exempt from wage-and-Hour laws

12/01/2003

Q. At our university, the special-events supervisors must occasionally hire people. We currently don’t pay for their time involved in interviewing job candidates. I think we should pay them for that time, but I was told education institutions are exempt from pay laws. Is that true? —D.D., West Virginia

Employees comparing pay? Don’t try to muzzle them

12/01/2003
Issue: About a third of all organizations prohibit employees from discussing pay with one another. Risk: Such confidentiality policies likely violate …