• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Compensation & Benefits

No ERISA benefits if employees aren’t on the payroll

12/24/2008

Now is a good time to review the eligibility requirements for your health and welfare benefits plans. If you word them correctly, you can exclude people who work for the company under third-party contracts …

CIGNA bans smoking

12/24/2008

Philadelphia-based CIGNA has instituted a complete smoking ban at all of its 179 properties, effective April 1.

Don’t panic when former employee files massive lawsuit—most claims go away

12/24/2008

These days, employees and their attorneys often go to great lengths to intimidate employers. One way to do that is to file a huge lawsuit—one that takes up pages and pages, and includes a laundry list of allegations … Before you panic, call your attorneys

What happens if we fail to provide COBRA notice upon termination?

12/24/2008

Q. What kinds of penalties or liability does an employer face if it fails to provide notice of COBRA coverage upon termination of an employee?

Winning unemployment case doesn’t let you off the hook for wrongful discharge

12/24/2008

Many employers carefully prepare for unemployment compensation hearings, especially if the employee was fired for misconduct. Then, having proven that the employee was fired for some wrongful act, they naively conclude that the same employee can’t turn around and sue them for wrongful discharge.

How can we protect ourselves? We’re worried aging employee will hurt himself

12/24/2008

Q. One of our employees is over age 70 and has recently had memory problems and a car wreck. What (if anything) can we do to protect ourselves from potential workers’ comp claims should he injure himself?

What are the risks of continuing a no-fault attendance policy?

12/24/2008

Q. Our company’s attendance policy calls for issuing a warning when an employee has three absences. Five absences result in a suspension, and seven absences result in termination. Can we continue this policy?

Generous about leave? Beware FMLA suit anyway

12/24/2008

What happens if an employer discourages an employee from taking FMLA leave and instead offers more than 12 weeks off with full pay? Can the employee still sue for interference with his right to FMLA leave if he isn’t reinstated to his prior position or an equivalent? The apparent answer is "yes."

Do we have to grant paid leave for time an employee will spend testifying in court?

12/24/2008

Q. An employee has been subpoenaed to appear as a witness in a criminal case. Are we required to pay him for that time, or can we have him take vacation time or an unpaid leave of absence?

Employers slashing ’09 salary budgets

12/24/2008

Remember those surveys last summer forecasting steady 3.6% salary increases for 2009? Forget about it. U.S. workers, on average, are now projected to receive annual merit increases of between 2.3% and 3.0% …