Archives

Covering Dependents Can Raise Questions

Many employers provide some sort of benefits for employees’ dependents. These can take many forms. Some are benefits that do not require expenditure of much, or any, money and which are not taxed. Other benefits for dependents, however, may entail more significant expenditures and have to be provided under specific rules in order to not […]

Work from Home Is Not FMLA Leave

Yesterday’s Advisor offered guidance for several tricky FMLA situations; today, again turning to the “FMLA Bible” for help, we cover FMLA and home work, FMLA and overtime, and state FMLA laws. Work at Home During FMLA Leave Frequently, an employee who is physically unable to come to work will perform some work for the employer […]

Know the Rules for On-call Workers

By Arthur Silbergeld, Esq. Anyone who works on a computer knows the sinking feeling that comes with hitting that nasty combination of keystrokes causing your machine to freeze. The fact that many companies now keep IT staff available around the clock just to help frantic employees get their misbehaving computers working, retrieve lost documents and […]

Fueling Disputes: Health Reform May Spur New Types of Employee Lawsuits

Recent legal challenges have focused on constitutional issues, but health care reform is expected to create new reasons for benefits and employment-law litigation, according to a reform expert. Reform rules fraught with legal risk include: (1) pay-or-play requirements, (2) claims appeals and external review, (3) essential benefits; and (4) retiree medical rules. Another area of […]

Similarly Situated Employees Doesn’t Mean Identical, Seventh Circuit Says

by Jeffrey S. Beck Most employers are aware that to meet the burden of establishing a discrimination claim under the indirect method (i.e., without “smoking gun” evidence of discriminatory intent), an employee must offer evidence that similarly situated individuals outside her protected class were treated more favorably. While that principle is well established, cases can […]

FMLA Substitution Rules: Not as Simple as They Seem

FMLA basics are confusing enough. And then each aspect—substitution, bonuses, holidays, etc.—seems to have its own tricky twist. Let’s let the “FMLA Bible” sort it out. Substitution Required? Notice Required Employees may choose to substitute accrued paid leave for FMLA, or the company can require it. (Many do.) However, it’s not quite as simple as […]

Employers Take Note: Commuting by Public Transit On the Rise

Employers should take note: more of their employees are coming to and going from the office via public transportation. That’s more than an interesting statistic — it has implications for employers. Employees who take public transportation to work may benefit from a tax break, but only if their employer sponsors a qualified transportation fringe benefit […]

Armchair Manager: What Sports Can Teach Us About Management

What’s more, an athlete often has to deal with teammates, a coach, and management or governing bodies. There always seems to be something going on in the sporting world that lends itself to the drama of the human theater. There are a number of current situations playing themselves out that deserve some analysis and reflection […]

GAO Recommends Stepping Up Retirement Education Efforts to Small Businesses

Small businesses that seek to improve their retirement plans should have access to more information from the federal government. That is the recommendation of the Government Accountability Office (GAO), which in a recent report steers clear of advocating bold moves and suggests that the federal government improve what it’s already doing in order to better […]