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Compensation & Benefits

Track discipline in a way that allows easy recall

08/23/2012
You will never know which employee will sue or for what reason. That’s a good reason to carefully track all discipline and make the records easy to access.

For unemployment, there’s stupid, then there’s willful

08/23/2012

Employees are typically ineligible for unemployment benefits if they were fired for creating a hostile work environment. That usually amounts to willful misconduct, which disqualifies them from collecting unemployment. But not every crude or stupid action is serious enough to bar benefits, as this case shows.

Health reform: After Supreme Court vote, compliance scramble begins

08/22/2012
If you took a wait-and-see approach to implementing health benefit changes until the Supreme Court ruled on the health care reform law, it’s time to kick your planning into high gear. Several short-term deadlines are approaching that require HR’s immedi­ate attention.

How must we accommodate breastfeeding?

08/21/2012

Q. One of our employees is on maternity leave. What are our obligations to accommodate her need to breastfeed when she returns to work?

How much flexibility do we have to set up alternative workweek schedules?

08/21/2012

Q. Our company employs nurses that care for patients in their homes. We would like to begin running 12-hour shifts and set up an alternative workweek schedule. What are the rules for instituting an alternative workweek for our employees?

Home nursing agency settles federal wage dispute

08/21/2012
Extended Health Care Private Duty Nursing, a Los Angeles-area home nursing agency, has agreed to pay $654,082 to settle a Fair Labor Standards Act complaint that followed a federal probe into its pay practices.

Grand jury: S.F. eateries took tips on health care surcharge

08/21/2012

A San Francisco civil grand jury has concluded that 38 restaurants built into their prices the cost of providing city-mandated employee health coverage—and then never offered the benefits to workers. The grand jurors’ suspicion: That restaurateurs pocketed a substantial portion of the money.

Reminder: Give employees summary of benefits/coverage

08/21/2012
Now that the Supreme Court has upheld the legality of the Affordable Care Act, your first responsibility under the law is to ensure that for open enrollment periods beginning Sept. 23 employees receive a summary of benefits and coverage (SBC) and a glossary that defines basic health benefit terms.

Can we charge a fee for paper paychecks?

08/20/2012

Q. We require direct deposit of employee paychecks. We have one employee who hasn’t set up an account despite frequent requests. We have to mail his check from headquarters, sometimes via courier. Can we charge him a fee?

Breaks for nursing mothers: Just for nonexempts?

08/20/2012

Q. We have an exempt employee who just returned after giving birth. She says she needs to express milk three times a day and we have to let her. I thought the federal law says breaks were just for hourly employees. Do we have to give her this time? She’s away from her desk for 20 to 30 minutes each time.