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Compensation & Benefits

How should our attendance policy address absences and lateness covered by the FMLA?

10/30/2009

Q. We have a point system for absences and lateness. Our no-fault attendance policy states that if employees call in after the start of their shifts, they’ll receive two points. What if the reason for an absence is covered by the FMLA? Should the employee still receive the two points?

How should we treat payroll for a newlywed who hasn’t officially changed her name?

10/30/2009

Q. One of our employees recently got married. She’s informally going by her new last name, but she hasn’t changed her name on her Social Security card and doesn’t plan to. We submit all payroll information using her maiden name. Do we face any liability?

Must you pay for the commute? Sometimes, yes

10/28/2009

Q. One of our nonexempt employees is now working at a different location on Thursdays. This is a temporary assignment with no end date. It normally takes her 10 minutes to drive to work. But now she has to drive 90 minutes. Should she be paid for 1 hour and 20 minutes of travel time (subtracting her 10-minute normal commute)?

Use multimedia campaigns to nurture employee self-service

10/27/2009

Having employees handle their own pay and benefits administration is the Holy Grail of comp and benefits pros. But merely offering self-serve online resources to employees won’t automatically make them self-sufficient. Instead, initiate a long-term, multimedia strategy using techniques that encourage employees to help themselves.

More than 5,000 have used N.J. state paid family leave

10/27/2009

New Jersey is one of two states in the nation that offers paid family leave to workers. According to Gov. Jon Corzine’s office, the number of workers using the program passed 5,000 in September—not bad for a program that started July 1.

Know the FMLA, ADA rules when employee asks for time off to care for disabled relative

10/27/2009

Employees who need to take care of a disabled relative may be eligible for FMLA leave if the disability qualifies as a serious health condition—but only if the employee has worked enough hours to be eligible for FMLA leave. Likewise, employees sometimes think their employers must provide them with reasonable accommodations so they can care for a disabled relative under the ADA’s so-called association clause—that’s simply not true.

Have solid reason before firing employee on FMLA leave

10/27/2009

Employers can terminate employees who are on FMLA leave if the employers are sure they can later prove to a jury that they would have made the decision to terminate whether the employee took leave or not. That’s a tough burden, so you must make sure you have a solid reason—and you must document it.

When figuring time worked, you must round in employee’s favor

10/27/2009

The New Jersey Department of Labor and Workforce Development (NJDOL) has changed its enforcement policy regarding the rounding of employees’ time for wage payment purposes. A recent letter from Theodore Easton, chief of enforcement for the NJDOL, confirmed that if a New Jersey employer rounds off any increment of time an employee has worked, it must now be done in the employee’s favor.

Beware ‘front pay’ trap when job-seekers sue

10/27/2009

Employees you don’t hire can’t cause too much legal trouble, right? Wrong! In today’s tough economy, frustrated job-seekers are more likely than ever to sue. And if they sue for discrimination and win, courts are increasingly likely to award both back pay and lost future earnings …

Guess again: You can’t avoid liability by ignoring pay discrimination complaints

10/27/2009

The 3rd Circuit Court of Appeals has reversed an earlier decision made just months ago and ruled that when a woman asks for a raise to equal her male counterpart’s pay, ignoring the request is the same as denying the request. The employee may then file a Title VII pay discrimination claim …