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Compensation & Benefits

Require certification if intermittent leave ‘Need’ might be bogus

06/01/2007

It’s one of the most challenging FMLA problems: An employee with a chronic health condition says she needs intermittent leave and uses it as an excuse to take time off whenever she wants. You suspect she’s taking advantage of your organization, but worry that turning her down may trigger an FMLA lawsuit …

Existing attendance policy ignored? Start enforcing rules now

06/01/2007

If your managers have been less than consistent about enforcing attendance policies, suddenly sticking to the rules could prompt lawsuits. But you can start enforcing the rules now without triggering trouble if you do it the right way …

Recalled employee may be eligible for FMLA leave

06/01/2007

When employees are temporarily laid off with the right to return during a recall, all the regular rules for FMLA time off apply on the day of the recall. That’s because a break in service doesn’t destroy the employee’s eligibility …

In FMLA case, you must be present before you can leave

06/01/2007

A woman who worked for the Philadelphia Water Department lost her FMLA claim because she did not meet the basic employment qualifications …

Clarify employee’s leave status the easy way: Jusk ask

06/01/2007

If your organization has a strict attendance policy, you naturally want to make sure you don’t miscount FMLA absences in the tally, or you risk an interference-with-leave lawsuit. But how are you supposed to know whether an absence is for an FMLA reason? If the employee never gives a reason for an absence or simply says he or she is sick, that’s not enough to require further inquiry on your part …

Review per diem reimbursements: IRS looking closer

06/01/2007

Make sure you’re closely tracking expense reimbursements. Since the beginning of 2007, the IRS has issued a stern warning …

IRS calculators get workout: What’s the back interest on $18 million?

06/01/2007

Three executives of Rosenbaum-Cunningham International—a West Palm Beach maintenance company serving such restaurant chains as the House of Blues, Hard Rock Café and Planet Hollywood—have been indicted for defrauding the federal government out of $18 million in employment taxes …

Clients must repay taxes after payroll company commits fraud

06/01/2007

Stephen Taylor of Canton, co-owner of Marietta-based 20/20 Payroll Solutions, pleaded guilty to stealing $4 million in employee taxes from more than 100 clients during the past two years …

FLSA and Georgia law: Figuring overtime pay for commission employees

06/01/2007

Georgia’s labor code contains no overtime exemption for commission-paid employees, but the federal Fair Labor Standards Act does. Georgia employers largely follow the federal law because it’s more stringent than state law. So employees who are paid on a commission basis are exempt from overtime laws, right?…

Quickly correct payroll deduction errors to avoid gross-Negligence suits

06/01/2007

Nothing upsets employees more than opening their pay envelopes and discovering their checks are for less money than they expected. But errors do happen. When they do, it’s important to act quickly to fix the problem …