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Compensation & Benefits

If we fire dishonest employee, can he collect unemployment comp and vacation pay?

06/02/2010
Q. We have an employee who recently submitted an expense report for more than $1,300 for an extended business trip. We accidentally reimbursed him twice. He did not report the double payment and we did not learn of the mistake until an internal audit two months later. Our company policy prohibits dishonesty and we want to fire the worker for violating this rule. Will he be able to collect unemployment benefits? May we withhold the vacation pay that is due to him under our policy, which would just about make us whole?

Worker can’t show he’s legal? He’s still eligible for workers’ comp

06/02/2010
Illegal immigrants who can’t legally work in the United States are still eligible for benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA), according to a recent 5th Circuit Court of Appeals decision.

Beware! Even small penalty can be retaliation

06/02/2010

Employees who complain about discrimination are protected from retaliation—and even a small financial penalty against an employee may be enough to trigger a lawsuit. Remember: The test for retaliation is whether a hypothetical reasonable employee would be dissuaded from complaining in the first place if he or she knew the consequences.

Set equitable system for assigning overtime–it’s an essential defense against bias claims

05/28/2010
Do you have a system that allows all employees in the same job category an equal shot at earning overtime pay? If not, consider setting up a fair system for distributing that extra work. Otherwise, you may find yourself facing a discrimination lawsuit.

Federal 4th Circuit: Let arbitrators arbitrate

05/28/2010
If a recent decision is any indication, the 4th Circuit Court of Appeals, which covers North Carolina employers, is willing to let arbitrators do their jobs.

The absent-minded employee: How to get absenteeism under control … legally

05/28/2010
The costs of employee absenteeism—reflected in lost production, overtime and temporary replacements for the absent worker—can add up quickly. The best way to combat the problem is with a clear policy, careful documentation, consistent application of the policy and progressive discipline.

Time clocks: What’s the law on rounding up, down?

05/28/2010
Q. Our time-clock software allows for a five-minute grace period at the start and end of each shift. For example, if the employee’s designated start time is 8:00 a.m. and the employee clocks in at either 7:56 a.m. or 8:04 a.m., the actual start time will be logged as 8:00 a.m. for pay purposes. Is this OK?

High salaries raise eyebrows in Tacoma, Wash.

05/27/2010

Pierce County, Wash., officials say they’re just trying to stave off private-sector competition for county employees by paying 12% of its workers more than $100,000 a year. That explanation isn’t sitting well with some citizens. The local newspaper recently revealed that the number of employees earning six figures jumped 70% last year. That created backlash from taxpayers and some local officials.

What factors should I consider before firing a new employee for excessive absences?

05/26/2010
Q. We have a new administrative employee in our medical office who missed 22 days of work in her first nine weeks. She has doctor excuses for illnesses for most of the days, but my front office is a shambles. Can I put her on written warning for excessive absences? Can I terminate her?

Is it legal to dock pay for break tardiness?

05/26/2010
Q. We give employees the choice of using two 10-minute breaks each day or combining them into one 20-minute lunch break. The employees are required to punch out and in for these breaks. We also have a policy that docks employees 15 minutes if they’re four or more minutes late returning from a break. Is this legal?