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Compensation & Benefits

FMLA: State workers can sue for FMLA violations, too.

07/01/2003
In a shift from its recent trend of holding states immune from federal law, the Supreme Court affirmed the right of state employees to file lawsuits relating to the Family …

Comp-time reform bill dealt
major setback in Congress

07/01/2003
Legislators shelved a bill last month that would allow private-sector companies to offer compensatory time to employees in lieu of overtime pay, due in large part to intense protests from organized …

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 …