Brad Forrister
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We included this question as part of our first survey in January. 3% was the predominant response, although we had responses all over the place. If you're a subscriber, you can get to the full results for this and several other questions behind th…
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From a cursory look at the law, I think you have a problem in Florida and Georgia. Florida 532.01 says payment in an "order, check, draft, note, memorandum, or other acknowledgment of indebtedness ... must be negotiable and payable in cash, on de…
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Can't find any lunch break requirement for Iowa. The rule is, if they say they're working, they're not on a duty-free lunch break, so you have to pay them for that time. If you want them to By God take a lunch break, you have to make it a discipli…
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The HR manager is right. Almost all incentive awards are taxable. Some employers "gross up" the award so the employee gets its after-tax value. But it still has to be reported as income, and it's subject to withholding. Brad Forrister Director…
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You've got two choices - government statistics and privately compiled statistics. The government ones are free - try this site: [url]http://www.bls.gov/oes/2000/oes_il.htm[/url] You'll generally have to pay for other wage information that's any g…
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A quick search in the members' area of HRhero for Georgia statutes and regulations shows no mention of rest breaks or meal breaks. I guess that's an argument from silence. A quick search in the members' area for articles from the Georgia Employmen…
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If I'm reading your question correctly, you're currently paying her an 11% premium on top of what would otherwise be her regular rate, and she's not getting any benefits. Now, she's taking on a new job that's salaried but at the same regular rate, …
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[font size="1" color="#FF0000"]LAST EDITED ON 07-11-01 AT 06:28PM (CST) by jrobb (admin)[/font][p]The theme park and summer camp exception is fairly limited. And it operates as a total exemption from FLSA where it applies, not an "averaging" scheme…
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TheCol hits the nail on the head. Our newsletter archive shows several articles on the exempt status of RNs. They're in that gray area for "professionals" - whether you're entitled to treat them as exempt depends on how much discretion and indepen…
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It's okay under the federal Fair Labor Standards Act to require that employees take vacation time at a particular time, as for a plant shutdown. Many employers have a one or two week annual shutdown, providing vacation pay to cover the time. But if …
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We post a general description on our jobs page, basically the same verbiage we use in our newspaper ads. The competitive disadvantage I'd worry about is posting your benefits description if it is NOT as generous as your competitor's. If I were yo…
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There's one in the appendix to the HR Executive Special Report on COBRA. You can get to it on the Subscribers Area page on the right hand side. Brad Forrister VP/Content M. Lee Smith Publishers
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... and if you're trying to apply COBRA, did you give him all the relevant COBRA notices? Brad Forrister Director of Publishing M. Lee Smith Publishers
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Not sure there'd be a "law that would allow the employee to leave." If there's a written contract, and if there's a material breach, normally that means the contract ceases to be binding. Brad Forrister Director of Publishing M. Lee Smith Publis…
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Eligibility for benefits is mostly a matter of employer policy, or in some cases a contractual matter with the provider of benefits (health insurance, for instance; insurers typically have a minimum number of hours an employee must work to be eligib…
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When I've heard of "flex" being used in this context (and it's usually used like Sonny used it above), it's for combining vacation and sick days into all-purpose paid time off. For instance, many moons ago our company converted from 10 days of sick…
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Our most successful employee recognition program is our company newsletter, which is stocked with stories of employees who went the extra mile. It gives them the recognition without monetizing it. HR reminds the managers before each issue's deadli…
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As jmcaa suggests, this is usually determined by your insurance carrier. But almost all insurance carriers limit their policies to those who work at least 30 hrs/wk. Brad Forrister Director of Publishing M. Lee Smith Publishers
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I've seen many employers who provide no benefits for workers below a certain threshold - sometimes 20 hrs/wk, sometimes 30 hrs/wk - with prorated benefits above that. The 30 hrs provision usually dovetails with health insurers' limits on who they'l…
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I'm unclear - is this an insurance policy, with the company paying the premiums and the employees getting the benefits, or is it a company policy on what it's going to do out of its own pocket for disabled employees? Brad Forrister Director of Publ…
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Sometimes insurance brokers can come up with some creative options, like whole life "key person" insurance paid for by the company but with a provision that the employee is vested in the cash value on some scheduled basis. Brad Forrister Director o…
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My guess is the EE will be able to collect, but you may be able to keep the charges from going on your account. You're in the posture of an employer from whom the employee left "without good cause attributable to the employment" - i.e., voluntary r…
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Yes, you should do it now. Under COBRA, if a plan administrator fails to send a notice in a timely manner, it extends the period of time that a qualified beneficiary has to elect coverage. So the beneficiary's 60 days doesn't start running until t…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-20-03 AT 02:54PM (CST)[/font][p]Generally, you're right - you can make this kind of differentiation in your benefits structure. (Unless you're a self-funded ERISA plan, in which case you would have t…
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It is taxable, although presumably it would net out against part of the nontaxable cafeteria-planned spousal/family coverage amount at the other company. We don't require proof of coverage, although that's not a bad idea. Brad Forrister Director…
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I think your post suggests some of the problems: - How do you know whose spouse has coverage? - What happens when two employers require employees to be on their spouse's coverage? - While you're saving your company money, you may be costing your…
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The instructions for IRS form 2441 say the Child and Dependent Care Expenses Credit is not available for overnight camp expenses. The Dependent Care Flexible Spending Accounts are generally subject to the same restrictions. Might be different for …
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If the employee is truly exempt - not just salaried, but entitled to exempt status under the FLSA - you can't deduct partial days from the employee's pay. But that's different from deducting it from the employee's accrued sick time hours - the cour…
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Because of the dual coverage of this area by the ADA and the FMLA, you should be especially wary and careful about establishing a policy to terminate anyone on long-term disability. The EEOC and various courts have differed over whether "indefinit…
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By the way, I also moved this to the FMLA area rather than "How to Use the Forum." Brad Forrister VP/Content M. Lee Smith Publishers