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Compensation & Benefits

Formal FMLA rules on the books? Enforce ’em!

08/28/2009

Does your handbook include a formal policy regarding FMLA leave requests and absences? If so, make sure you stick to that policy. Bending the rules creates a slippery slope that could land you in court.

FMLA leave-taker slipping? Fire away, with justification

08/28/2009

Of course, employees have the right to take protected FMLA leave. But that doesn’t mean you can’t take action you already planned to take for other legitimate reasons before you found out the employee needed FMLA leave.

DOL’s blueberry farm investigation bears fruit

08/28/2009

The U.S. Department of Labor has cited nine blueberry farms and 17 labor contractors for violations of child labor laws, the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The farms and contractors operated in Bladen and Craven counties.

Is it possible to reduce everyone’s hours without running afoul of the law?

08/28/2009

Q. In an effort to avoid laying off employees in this tough economy, our company has decided to temporarily reduce everyone’s work hours to 35 hours per week. May we?

Pittsburgh’s WWII atomic plant workers can get compensation

08/26/2009

The DOL has set up a special fund to compensate employees who worked at the Westinghouse Atomic Power Development Plant in East Pittsburgh from 1942 to 1944. They and their relatives are eligible for payments under the Energy Employees Occupational Illness Compensation Program Act. Workers at the plant may have been exposed to damaging radiation in the race to build the first atomic bomb.

What is California’s law concerning time off to attend school activities?

08/26/2009

Q. Many of our employees have children who will return to school this month. Are we required to grant these employees time off for school-related activities?

Should we send FMLA forms to employees who are ineligible for FMLA leave?

08/26/2009

Q. An employee who’s been employed since May is out on workers’ comp and will be for a while. Do I send her FMLA paperwork even though she hasn’t met the criteria of being employed for at least a year? It’s my understanding that I should send it to everyone who requests leave, and only after they return the paperwork should I determine if the person is, in fact, eligible.

Union schism leads to criminal charges against Aramark

08/26/2009

The Workers United union has filed criminal charges with the Philadelphia Police Department against food-service giant Aramark, alleging that the company has pocketed union dues deducted from employees’ paychecks. Aramark manages concessions at Citizens Bank Park, the Pennsylvania Convention Center and the Wachovia Center in Philadelphia, plus 40 other arenas in the U.S. and Canada.

Can we recoup training costs by withholding pay from an employee’s last paycheck?

08/26/2009

Q. We’ve started requiring employees to repay (through payroll deduction) training costs if they quit or are fired within one year. Are we OK legally?

No joint employer liability under ERISA

08/26/2009

The Employee Retirement Income Security Act (ERISA) requires employers to follow the terms of their collective bargaining agreements when they contribute to employee benefit plans. The 9th Circuit Court of Appeals has refused to extend the concept of “joint employer” to ERISA’s collective bargaining agreement provision when the second entity has not signed that agreement.