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Compensation & Benefits

Speaking of cutting to the bone …

09/15/2008
The U.S. District Court for the Middle District of Georgia in Athens has granted preliminary class certification to a group of quail processors at Quail International in Greensboro who claim the company forces processors to work off the clock and through breaks in violation of the Fair Labor Standards Act …

What are the limitations on an injured employee’s right to select his own doctor?

09/12/2008
Q. While at work, one of our employees suffered what we believed to be a minor back injury. We sent him to a clinic, which determined that he could perform light-duty work. We offered him a light-duty assignment. Now the employee has gone to his personal physician, who has excused him from all work. The employee’s physician also has billed us for his services, since this was a work-related injury. We do not know how to respond to these differing opinions or whether we are obligated to pay for the employee’s personal physician’s services …

How do layoffs affect employees on sick leave?

09/12/2008

Q. Our company is planning a layoff, for which we will follow a “seniority” system to decide whose jobs are affected. When I look at our seniority list, I see that some of our current employees are out on medical leaves of absence. How should these employees be treated for layoff purposes? …

Ambulance service president pleads guilty to fraud

09/10/2008
Clayton Hobbs, former president of Mercy Regional Health Systems, which provided ambulance services in Franklin County, has pleaded guilty to 16 counts of failure to pay federal income taxes, to the tune of a whopping $1.7 million …

Hearings before the IDES: ‘The People’s Court’ or the Supreme Court?

09/10/2008
Should you contest a fired employee’s Illinois unemployment compensation claim if you really believe the employee isn’t eligible for the benefits due to misconduct? Is it worth the hassle and expense? Generally, the process is informal and sometimes resembles the television show “The People’s Court.” At other times, it may seem like you’ve landed in the Supreme Court …

How does VESSA work?

09/10/2008
Q. What are the key elements of Illinois’ Victim Economic Security and Safety Act (VESSA)? …

Fire employees who take FMLA leave? Yes, with reason

09/10/2008
Employees sometimes think taking FMLA leave gives them special protection. Some may even attempt to go out on leave when they know they are about to get into trouble at work. Don’t fall into that trap. The fact is, if you would have fired the employee even if she had never taken FMLA leave, you can do so if she has taken leave …

Can VESSA and FMLA leave run consecutively?

09/10/2008
Q. May an employee in Illinois take 12 weeks of unpaid time under the Victim Economic Security and Safety Act (VESSA) and then take 12 weeks unpaid FMLA leave? …

Employ commercial drivers? They have special protection

09/10/2008
Commercial drivers are protected from retaliation if they refuse to operate their vehicles in violation of U.S. Department of Transportation (DOT) safety rules that restrict the number of hours they may drive without resting. Firing or demoting someone for refusing to break those rules may be retaliation …

Governor proposes health care overhaul for state workers

09/09/2008
Gov. Tim Pawlenty recently released a set of proposals designed to make the state’s health care system “market-driven, patient-centered and quality-focused.” Pawlenty said the plan will “lead the nation in the development of portable personal health records and expanded consumer-directed health care spending accounts for state employees.” …