Month: June 2012

Never Put These in a Job Description

Essential job elements … exposure to physical hazards … pay grade … the list of what should be in a job description is long. But what should you keep OUT of job descriptions? Here’s a checklist taken from BLR’s popular Job Descriptions Encyclopedia. How many of these “no-no’s” will you find in your job descriptions? […]

The Five Grand Myths of Essential Functions

It’s time to review those job descriptions again! And as always, the focus is on the essential functions decision. We’ve collected five myths of essential functions to help you with this updating task. So before you start, take a look at our five myths—and then, dive in. The Five Myths of Essential Functions We’ve identified […]

Texas Excludes Self-funded Plans From ‘Insurer’ Definition, Exposing S-L Policies to State Taxes

In a May 18 ruling, the Texas Supreme Court compelled a stop-loss insurer to pay a direct premium tax on stop-loss policies sold to self-funded health plans. Stop-loss insurance written in Texas for self-funded plans is not “reinsurance” and thus must pay state levies and follow state insurance rules, the court held. American National, a […]

Fight Continues Against Tax on Private Flights

Employers that operate private airplanes for the use of their executives may want to stay tuned to some controversy over a recent IRS legal memorandum outlining the tax collector’s stance on aircraft management fees. The IRS shared its views on federal excise tax in Chief Counsel Advice Memorandum 201210026, which concludes that the tax applies […]

Goal Setting with the “SMART” Model

Dorf, who is managing director of Compensation Resources, Inc. in Upper Saddle River, NJ., recommends following the SMART approach in developing goals: Specificity Measurement Attainability Results-oriented Timing Remember, says Dorf, sometimes the pay-for-performance goal is a milestone, not the full completion of a project. For example, he says, he worked with a client that was […]

California Noncompete Agreements: What Is Allowed?

California noncompete agreements are basically void. California’s legislature routinely passes its own version of federal laws, often with crucial differences that can trip up multistate employers. Noncompete agreements are one such topic. While most states do not give employees protection (or only do so by limiting the scope of these agreements), they’re generally not allowed […]

Recouping FMLA Premiums—Legal, But Not Necessarily Easy

When an employee fails to return from FMLA leave, for at least 30 calendar days, the employer may demand payment of its share of the health premiums paid during the leave. However, that may not be easy, and it may not be sensible. Most state wage and hour laws do not permit an employer to […]

Nonexempt vs. Exempt Classification: Are Salaried Employees Automatically Exempt?

When considering whether your workers are nonexempt vs. exempt, it’s tempting to classify all salaried employees as exempt employees by default. However, doing so would be a mistake because, while having a salary basis is an essential component of some of the most commonly-applied exemption categories, this is not the sole determining factor. In a […]

If David Wallace is Back, Can Michael Scott Be Far Behind?

Well, of course not. Steve Carell is much too much of a star now to make the move back to TV. (Quick: Can you name the actor who portrays David Wallace? Neither could I. His name is Andy Buckley.) Nevertheless, and as much as I love Ed Helms as Andy Bernard, it’s fun to think […]

Don’t Be An %#*hole!

By Stephen D. Bruce, PHR Editor, HR Daily Advisor A colleague recently suggested I read the book, The No Asshole Rule: Building a Civilized Workplace and Surviving One That Isn’t ., says business and leadership blogger Dan Oswald. Maybe I should have asked what his motives were in suggesting that I read this particular book. […]