awilliams
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Lisa, You pose an excellent question. I am going to see whether an editor of our Health Care Employment Law Letter will be able to shed some light on this issue. Anne Williams Attorney Editor M. Lee Smith Publishers, LLC
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Here is an exerpt from our Special Report on the FLSA: The main difference between the overtime requirements applied to computer professionals and those applied to other professionals is that a computer professional may either be paid: (1) on a sal…
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Teresa, As you probably know, in order to consider an employee to be "exempt" from overtime pay, and therefore be paid salary, the person must fit into an "exempt" position, which in your case would most likely be either as professional, executive…
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Karen- I did a quick search for you on our employment law database and found an article that answers your question. Although, you may need to look to your state law for a precise answer and citation. The article states in part, "Use of comp time b…
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Hi Michelle, We do not have a Paid Time Survey 2005 on our site, as far as I know. Anne Williams Attorney Editor M. Lee Smith Publishers, LLC
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I asked Ralph Guillard, who has been working on Avian Flu issues here, to chime in on this thread. This is what Ralph had to say: The pandemicflu.gov site is fantastic. I’m glad you pointed it out on the Forum. Another useful Web resource is [url]…
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You'll have to look at your specific plan language, but generally the date the service was provided is what rules. Since the adjustments took place in 2006, it would be goverened under that plan year, not 2007. Anne Williams Attorney Editor M. Lee…
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Roman, I checked with the editors of our Benefits and Compensation Law Alert for Nonprofits, and this is what I found out: It is possible to develop a paid time-off plan under which employees of a tax-exempt organization each year may make an elec…
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How well does your manager like no-call/no-shows? I imagine those occurances would be greatly inflated under this draconian policy. We have an HR Executive Special Report on Absenteeism, and it should give you some fodder for a conversation with y…
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Is your business generally open on Sundays? If so, I'd put his start date at 10/1/06, give him a vacation day for that day, and carry on. If not, you may want to have his start date be the earlier Friday, 9/29/06, give him vacation for that day, and…
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Generally this is an accepted practice. In fact, many employers offer a certain amount "in lieu of insurance" to compensate employees who do not participate in the group plan. If the employee later elects to participate in the group plan they should…
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I believe you pay the $200 at that point, but I will double-check for you. Anne Williams Attorney Editor M. Lee Smith Publishers, LLC
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Kevin, I am glad you received some helpful responses on the Forum already. I asked one of our benefits experts, attorney R. Scott Ruth of Miller & Martin PLLC, to give his response. According to Scott, you are correct that the employer may not …
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[font size="1" color="#FF0000"]LAST EDITED ON 09-29-05 AT 10:05AM (CST)[/font][br][br]We have covered this pros and cons of this issue extensively in our benefits newsletter, "Benefits and Compensation Law Alert." I suggest you talk with your benefi…
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Americans all across the country are searching for ways to help hurricane victims. One method of employee generosity that gained popularity during the aftermath of the September 11, 2001 attacks, and is coming back into favor is the donation of paid…
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Your focus group sounds like a good idea. Please keep us posted on the results. Anne Williams Attorney Editor M. Lee Smith Publishers, LLC
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I don't see anything wrong with the give-a-way, but I agree with the other poster who suggested that you emphasize your matching contributions. Perhaps you could infomr employees that by not investing in a 401(k) account they are throwing away free …
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[font size="1" color="#FF0000"]LAST EDITED ON 06-17-04 AT 01:44PM (CST)[/font][br][br]The new COBRA regulations change the notice requirements regarding COBRA continuation coverage. You can find the final regulations on the DOL website at: [url]http…
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Many companies actually require that STD leave run concurrently with sick or vacation leave. This means the perosn would, essentially, exhaust his sick leave before receiving STD benefits. In addition, many STD policies don't kick in until the perso…
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Paige, I'll send your post to one of the editors of the Benefits and Compensation Law Alert that we publish and let you know what I find out. Anne Williams Attorney Editor M. Lee Smith Publishers, LLC
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The acronym HIPAA stands for the Health Insurance Portability and Accountability Act. I believe that HIPPA is merely a misspelling. Anne Williams Attorney Editor M. Lee Smith Publishers, LLC
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Mid-year changes are tricky. The first place to start is to look at the language of your plan, and see what it provides. In addition, there are new cafeteria plan regulations governing mid-year elections that became effective on January 1, 2002. Dou…
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This question crops up a lot. The answer is: it depneds. If your EAP is an ERISA plan, then it is subject to COBRA requirements. Basically, if it is considered a "group health plan" it will be subject to ERISA. If it is a phone in service where th…
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Lori, Thank you so much for that informative post. I will be interested to hear if the plan continues to work out for your company. It appears to me to be a win-win situation for both the employer and the employee. It sounds like you sure did your …
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This is a good question, so good in fact, that the DOL recently implemented regulations to speak to the question of cafeteria plan rates changes mid-plan. The new rules are effective for plan years beginning on or after January 1, 2002. Here is a br…
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I didn't forget about you! Unfortunately, I was unable to unearth any for you, though. Anne Williams Attorney Editor M. Lee Smith Publishers, LLC
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Sorry, I just re-read your post which says the you are self-indusured. Let me do some more digging for you! Anne Williams Attorney Editor M. Lee Smith Publishers, LLC
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Unfortunately, I have not been able to unearth any sample SPD's for you. However, you might try asking your plan provider unless you are self-insured. Many plan providers provide that information. Anne Williams Attorney Editor M. Lee Smith Publish…
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I am going to send your question to a few of the attorneys who write for our Benefits and Compensation Law Alert and see what I can come up with. Stay tuned! Anne Williams Attorney Editor M. Lee Smith Publishers, LLC
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[font size="1" color="#FF0000"]LAST EDITED ON 08-08-02 AT 04:50PM (CST) by jrobb (admin)[/font][p]I'd like to give you some input into the situation, but I am not sure I understand the facts. Your company employs a female non-union employee who is c…