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Employment Law

New law: You must report any payments to Medicare beneficiaries

01/14/2010

Failing to comply with a new law could wind up costing some employers lots of money—if they’re self-insured or pay deductibles on Employment Practices Liability Insurance coverage. As of Jan. 1, entities that pay Medicare-eligible individuals to resolve claims involving medical expenses must report those payments to Medicare. The penalty for noncompliance: $1,000 per day.

What’s the rule for paying when employees clock in or out slightly before or after work?

01/14/2010

Q. If my employees clock in before their starting time and clock out after their day is scheduled to end, am I required to pay them for that extra time?

Can I regulate how our e-mail system is used for union matters?

01/14/2010

Q. Can I prohibit an employee from using the company’s e-mail system for union-organizing purposes?

Is it legal to dock pay for employee foul-ups?

01/14/2010

Q. Can I deduct the cost of an employee’s error from his or her paycheck?

You can’t choose the day for FMLA medical treatments

01/13/2010

Employees who suffer from chronic conditions may have to see their doctors regularly. Under the FMLA, if those employees give you 30 days’ notice, they’re allowed to pick the day for their appointment. You can’t simply argue that they don’t need to take off that particular day because there is no emergency or urgency.

Workers in early to fire up computers? Pay ’em

01/13/2010

If employers tell their employees to show up a little early in order to start their computers and get themselves ready to work, that time should be compensated. That’s true even if the employer doesn’t absolutely demand early arrival, but internal systems make it tough for employees to begin their shifts if they don’t arrive early.

Consider trespass suit if union steps over line

01/13/2010

Sometimes unions engage in “ambulatory picketing” and other practices aimed at publicly exposing allegedly bad employers. This can include following your company vehicles to work sites and picketing outside your business locations. The NLRA permits all these practices. However, union reps can’t trespass on your property.

Franken kills arbitration for defense contractor employees

01/13/2010

Freshman Sen. Al Franken has scored his first legislative victory. Joining forces with Louisiana Democrat Mary Landrieu, Franken proposed an amendment to the recently enacted Defense Appropriations bill that bars defense contractors from requiring employees to use arbitration to resolve workplace discrimination complaints of sexual assault, harassment or other Title VII violations.

How to guarantee a lawsuit: Terminate only older workers during reduction in force

01/13/2010

Are you planning a reduction in force due to the poor economy? If so, double-check who is going to lose their jobs, paying particular attention to whether the burden falls predominantly on workers over age 40. If that is the case, make absolutely certain you have legitimate business reasons to back up your decision to fire them.

Offer reasonable religious accommodations—and then insist that workers follow them

01/13/2010

Employees whose sincerely held religious beliefs conflict with their employer’s workplace beliefs may be eligible for unemployment compensation benefits. But they can’t collect benefits if their beliefs aren’t sincere—or if their employer offered reasonable accommodations and they didn’t take advantage of those offers.