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Compensation & Benefits

Cosmetic surgery usually won’t qualify for FMLA leave

07/01/2003

Q. One of our employees is having cosmetic surgery and plans to take leave. Would that fall under the FMLA, or would it be a leave of absence? —K.H., Connecticut

Employee behavior change can count as FMLA ‘notice’

07/01/2003
Issue: You may need to somehow decipher employees’ need for FMLA leave from a “sudden behavior change.”
Risk: Dramatically expands employees’ protection under FMLA.
Action: Warn managers to notify …

Rewrite policy to prevent moonlighting during FMLA leave

07/01/2003
Issue: Unless your policy prevents it, employees can work a second job while out on medical-related FMLA leave.
Risk: Reduced productivity as employees “work” the system.
Action: To prevent …

Don’t dock exempt worker for partial-Day absence

07/01/2003

Q. If an exempt employee has no more paid leave left, can he take a couple hours off without pay? We’d just manually adjust his salary to reflect this. —A.D., Pennsylvania

State law dictates your payroll frequency

07/01/2003

Q. Is it legal to adopt a once-a-month payroll for hourly employees? What other issues come up with a monthly payroll? —J.S., California

It’s up to you to pay departing workers quickly

07/01/2003
Issue: Depending on which state you operate in, you have from one day to two weeks to issue final paychecks to employees who leave.
Risk: Penalties can be steep …

Could you be sued for commuting accidents?

07/01/2003
Issue: Employees aren’t “on the clock” during their commute, so you can’t be sued for car accidents they cause, right? Wrong.
Risk: A recent ruling has sparked a new liability …

Guard against SARS-related health, legal risks

07/01/2003
Employment law experts say the epidemic of severe acute respiratory syndrome (SARS) could raise employers’ obligations to protect workers’ health and safety, particularly among companies that have employees overseas …

Don’t link vacation bonus to exempt workers’ hours

06/01/2003

Q. Can we give an exempt employee extra vacation days in addition to the standard accrued time off outlined in our employee handbook? —T. L., Maryland

Do you need insurance against employee lawsuits?

06/01/2003
Consider these stats: More than one-fourth of civil lawsuits filed last year were employment related, and the average jury award in employment cases is approaching …