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Compensation & Benefits

Proceed with caution when making health-related inquiries

05/27/2009

Employers enter a legal minefield when they inquire about the health of applicants or employees. State and federal laws—such as the North Carolina Workers’ Compensation Act (WCA), the ADA and the FMLA—overlap, and any misstep can cause a litigation explosion.

What’s enough ‘consideration’ in a noncompete?

05/27/2009

Q. I understand that “consideration” is required for noncompete agreements in North Carolina, and that, for existing employees, continued employment is not valid consideration. How much must a company pay to have sufficient consideration?

Pennsylvania has highest state corporate tax rates

05/27/2009

The Keystone State ranked 29th out of 51 jurisdictions in the Small Business and Entrepreneurship Council’s (SBEC) Business Tax Index for 2009, a score that would have been better if it didn’t have the nation’s highest state corporate tax rate.

The HR I.Q. Test: June ’09

05/27/2009

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

New COBRA subsidy available in cases of ‘involuntary termination’: What does that mean?

05/27/2009

Under the massive new federal economic stimulus law, the American Recovery and Reinvestment Act of 2009 (ARRA), employees who suffer an “involuntary termination” have to pay just 35% of the cost of COBRA continuation health care coverage. But what does “involuntary termination” mean?

Can a lazy worker collect unemployment?

05/27/2009

Q. We have an employee who does not work very hard and her production is marginal. If we terminate the employee, will she be able to collect unemployment compensation?

How to legally handle chronically late workers

05/27/2009

Employers expect employees to get to work on time. Occasional problems with traffic or family issues sometimes make employees late. But chronic tardiness is another thing altogether. While most employers track tardiness occurrences, they should do more. How?

Firing after FMLA leave: How soon is ‘too soon’?

05/27/2009

An employer fired a worker just six weeks after she returned from FMLA leave. Six weeks is like a nanosecond on the retaliation stopwatch. But the court still dismissed the case. Why?

Receive FMLA notice? Don’t assume ineligibility

05/27/2009

You need a clear policy on handling employees who call in sick. That helps ensure you don’t miss a potential FMLA request. Remember, employees don’t have to ask for FMLA leave by name.

Lessons from the Courts: June 2009

05/27/2009

You don’t have to tolerate foul language … Customer gripe caused firing? Get it in writing … Ledbetter Act already spurring more pay cases … Track when you notify worker of firing … No signature? Settlement may still be binding.