Compensation and Benefits
Compensation and benefits topics – whether it’s minimum wage, workers’ compensation laws, or employee pay – if properly handled, can help you retain workers and recruit new ones.
Use our advice to craft independent contractor agreements that keep independent contractors – and your bosses – happy.
The U.S. Supreme Court has agreed to hear a challenge to the sweeping federal health-care reform law enacted in 2010, deciding the constitutionality of the Obama administration’s signature domestic policy achievement. No matter how the High Court rules, its decision could affect HR and employee benefits for years to come.
For plan years beginning Sept. 23, 2011, unless the U.S. Department of Health and Human Services grants a waiver, group health plans that impose annual or lifetime limits on the dollar value of essential benefits are restricted to imposing an annual limit of $1.25 million.
Employees who lie when confronted about wrongdoing are ineligible for unemployment compensation benefits—at least if the lie concerned something about which the employer could reasonably expect the truth.
Employees placed on performance improvement plans (PIP) sometimes suspect that they are about to be fired. But that doesn’t mean they can jump the gun, quit and apply for unemployment compensation.
Employees who receive workers’ compensation payments for on-the-job injuries are assumed to have retired when they hit age 67. But a recent lawsuit argued that workers’ comp payments had to continue past that cutoff age because an employer had negotiated a legal settlement that didn’t specify that the payments would end at age 67. Fortunately, the Supreme Court of Minnesota has ruled otherwise.
The EEOC and the New United Motor Manufacturing Inc. (NUMMI) have settled claims that the company denied benefits and locked out disabled workers before a plant shutdown in Fremont.
The state of Illinois has taken a series of steps to cut employers’ workers’ compensation costs. Employers should consult with their workers’ comp carriers to ensure workplace injury reporting procedures and posted notices are up-to-date and comply with the new law. The following reforms took effect Sept. 1:
The Fair Labor Standards Act grants many rights to workers, including the right to overtime pay for working more than 40 hours in a workweek. It does not, however, prevent employers from lowering hourly wages if they choose to do so.
The FMLA was enacted to let workers briefly put their careers on hold to tend to pressing personal matters like illness, childbirth and adoption, eldercare and other covered events. It was not designed to enable them to avoid discipline. That’s why the law specifically states that employers don’t have to give returning employees benefits they would not have received if they hadn’t taken FMLA leave.
Employees who file for Social Security disability benefits, alleging they are totally disabled, sometimes have ADA cases pending. If you discover that’s the case, scour your files for evidence of contradictory claims. You may be able to get the ADA lawsuit dismissed.