Archives

Ask the Expert: A few years ago, we hired our 50th employee and updated the handbook to include FMLA. We just went down to 49 employees. Do we update the handbook again?

December 17, 2010 Determining whether an employer has 50 employees for purposes of the FMLA can be complex. As you are aware, under the FMLA regulations, an employer covered by FMLA is any person engaged in commerce or in any industry or activity affecting commerce, who employs 50 or more employees for each working day […]

Ask the Expert: Our policy says you must work the day before and the day after a holiday to receive holiday pay. What if an employee is on FMLA before or after a holiday?

November 29, 2010 As a general rule, employers are not required to provide any non-health plan benefits to employees on FMLA leave, (such as holiday pay) unless such benefits are provided to employees on non-FMLA leave (29 C.F.R. 825.209). The U.S. Department of Labor addressed your question in an Opinion Letter that can be viewed […]

Ask the Expert: Can an employee’s adult child be covered on employee’s health plan if the child lives in his own home and files his own income taxes?

September 27, 2010 On and after March 30, 2010, both coverage under an employer-provided health plan and amounts paid or reimbursed under such a plan for medical care expenses of an employee’s child who has not attained age 27 as of the end of the employee’s taxable year are excluded from the employee’s gross income […]

Ask the Expert: We have an intern who has worked with our company for over 2 years. Are we subject to any liability by not including the intern in our benefits?

September 08, 2010 Issues with interns usually revolve around whether or not they are paid. Therefore, the DOL has created rules on this topic. I will provide them to you, even though they do not answer your question exactly, because they will allow you to see that if the intern has been working for you […]

Ask the Expert: How do we calculate monthly bonus payments for attendance into an employee’s pay rate for overtime purposes?

April 10, 2010 Under the federal FLSA, bonus payments are divided into discretionary and nondiscretionary types (29 USC 207; 29 CFR 778.211). Nondiscretionary bonuses are included in an employee’s regular rate of pay for the purpose of determining overtime, while discretionary bonuses are not included in an employee’s regular rate of pay to determine overtime. […]

Ask the Expert: We have a time clock system that automatically deducts lunch hours from only one department. Is this legal?

November 11, 2010 Employers are not required to pay employees for time spent during bona fide meal periods. Bona fide meal periods are ordinarily breaks that last at least 30 minutes, but they may be shorter under special conditions. They do not include coffee or snack breaks; these are rest periods that may have to […]

Ask the Expert: Under the FCRA, can a company do annual and/or random background checks on current employees if it has their consent on file?

December 20, 2010 As you are aware, the ability to do a background check on current employees will depend on whether such a check is authorized by the consent for signed by the employees. Under the federal Fair Credit Reporting Act (FCRA), credit reporting and other investigative agencies may provide background financial and personal information […]

Job Satisfaction Continues on a Downward Trend

In a 2010 job satisfaction survey of 5,000 households, the Conference Board found that 45 percent of respondents said that they are satisfied with their jobs, down from 61.1 percent in 1987, the first year the survey was conducted. The report noted that real average household incomes grew at an annual rate of 2.0 percent […]

Employers Increase Surfing Controls

There has been a 20% increase in the number of companies blocking employees from using social networking sites. The percentage increases in 2009 vs. 2008 of companies banning web sites by specific categories include: social networking sites, 20%; travel-related sites, 28%; restaurant/bar websites, 27%; sports-related sites, 26%; shopping sites, 26%; job search sites, 19%; and […]