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Compensation & Benefits

Understanding HR’s role in the new health care reform law

03/26/2010
President Obama’s signing of the controversial Patient Protection and Affordable Care Act on March 23, 2010, marked the finish of a yearlong partisan battle. But for HR professionals, March 23 was a starting line—the beginning of big changes in the way they handle employer-provided health benefits. While many provisions won’t kick in until as late as 2014, some take effect this year. Here’s a brief summary of the changes ….

Brace yourself: Health care reform passage will affect HR

03/24/2010
President Obama’s signature on the landmark Patient Protection and Affordable Care Act may not bring an end to partisan bickering about health care reform, but it does signal the start of big changes for HR. Here’s a rundown of the new law’s long-term effects on employer-provided health insurance — and several provisions you’ll need to deal with right away.

Employee out on military leave: Must we pay him?

03/24/2010

Q. We have an employee who will soon go on temporary military duty and be gone for several weeks. Do we have to pay him at all during his absence, or does he receive military pay?

Take advantage of tax breaks offered in new HIRE Act

03/23/2010
With the unemployment rate still holding stubbornly near 10%, Congress this month approved a new $18 billion bill that offers tax breaks to employers who add certain new employees to the payroll. President Obama signed it on March 18.

Catch fishy FMLA requests with the 3 R’s

03/22/2010

Employees have learned to play the FMLA game quite well in the 17 years since the law was passed. In this new case, an “attendance-challenged” employee was denied extra vacation leave for her wedding. So she submitted an FMLA leave request for those same dates. Hmmmm … smell fishy?

How should we calculate FMLA leave entitlement for employee whose schedule varies?

03/19/2010
Q. One of our employees works different hours each week—sometimes 30 hours a week, sometimes 40. She will be going on FMLA leave soon. We’re not sure how to determine how many hours of leave she would be entitled to take under the FMLA. Are all employees permitted to take 480 hours of leave?

Can we use a tip credit to make sure our employees make at least the minimum wage?

03/19/2010
Q. It has been our practice to pay our waiters and waitresses less than the minimum wage because we include their tips in their hourly wage. Is this legal?

When time sheets are late, can we hold off on paying OT until the next paycheck?

03/19/2010
Q. Several of our employees repeatedly turn in their time sheets late. Can we institute a policy stating that if a time sheet is turned in late, any overtime on that week’s time sheet will not be paid until the next pay period?

Legislature considers new rules for armored car drivers’ breaks

03/19/2010
State Sen. Mark Wyland, a Republican who represents San Diego County, recently introduced a bill that would exempt armored car companies from having to comply with California’s laws requiring rest and meal breaks for some employees.

That’s a lot of bread! Bimbo to settle for $3.75 million

03/19/2010
Current and former drivers of Bimbo Bakeries USA who sued the company for allegedly breaking California’s meal and rest break laws are now offering to settle for $3.75 million. In the original action, drivers also charged Bimbo Bakeries with violating the Fair Labor Standards Act by failing to pay them overtime.