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Labor and Employment Law (4 unread)

Guidelines to Follow When Determining Family Medical Leave Eligibility for Your Employees

Posted: April 27th, 2009, 7:40am EDT by kittredge
Are all employees eligible for family medical leave benefits? If you, as an employer, are unclear regarding eligibility standards, the following guidelines will be helpful.
1. The Family Medical Leave Act (FMLA) requires that an employee work for a covered employer and be employed by that employer for at least 12 months.
2. The employee must have worked at least 1,250 hours in the 12-month period immediately preceding any taking of leave.
3. The employee must be engaged at a worksite where 50 or more employees are employed by that employer within 75 miles of that worksite.
The law is clear that the 12 months needed for coverage need not be consecutive. In order to establish whether the 1,250 hours have been worked, the principles of the Fair Labor Standards Act (FLSA) are used. The employer has the burden of proving that the worker has not worked the requisite hours. However, in the case of full-time teachers, regardless of the teaching level, they are deemed to have met the 1,250-hour test.

The critical date for the application of these tests is as of the date of commencement of leave. An employer wo receives a "need for FMLA leave" request must act within two business days or the employee will be deemed eligible. Once eligible, the employee's eligibility is not affected by any subsequent change in the number of employees employed.

Finally, the 75-mile rule is measured by surface miles and the shortest route using transportation over public streets, highways, waterways, and the like.

In a future post, we'll discuss how you can determine how much leave an employee is entitled to.
If You Are Looking for an Outstanding HR Guidebook to Help Keep Your Business in Legal Compliance, This is it!

Posted: April 22nd, 2009, 7:56am EDT by kittredge
Special $10.00 discount offer to employers and HR professionals.

If you do not have an easy-to-understand reference that explains all of the significant federal labor and employment laws and offers guidance on how to structure company policies and programs that comply with these laws, you definitely need to own this guide book.

What Every Business Manager and HR Professional Should Know About Federal Labor and Employment Laws, a 7th edition, has helped over 100,000 HR professionals - and it can be of terrific help to you.

Normally priced at $59.95, for a limited time only, this guide is being offered at a special price of $49.95!

How can it help you? Here are just some of the ways.
- If you work with independent contractors, it will provide you with guidelines on how to ensure they are not considered employees by the IRS.
- It discusses wage compliant issues including minimum wage and calculating overtime, and understanding exemption rules.
- It explains the anti-discrimination laws and EEOC enforcement procedures.
- It will help you determine how much medical leave an employee may be entitled to, provides guidelines for FMLA recordkeeping, and explains what a "serious health condition" is.
- It offers guidance on how to respond to a harassment complaint, how to establish an anti-harassment policy, and how to properly conduct a workplace investigation, should one be necessary.
- It explains how to respond to and accommodate employees with disabilities.
- It offers practical advice on how to avoid age discrimination issues.
- It explains what OSHA is and does.
- It offers procedures and guidelines on maintaining fair labor practices, and how to respond to union issues and organizing efforts.
- It provides an excellent overview of employee health and insurance laws including COBRA.
- It offers advice regarding testing or not testing for drugs and alcohol in the workplace and guidance on how to set up an alcohol abuse prevention program.
- It provide outlines and checklists on employee hiring procedures, applications, performance reviews, termination procedures, and personnel practices that should be avoided.
- And much, much more!
Throughout the 18 chapters and 301 pages, you will find numerous question and answer sections that address issues you face every day. For example, there are over 40 FAQs on the FMLA. And what a terrific book to use if you want to train any of your supervisors on how to avoid adverse employee issues and how to respond should one occur.

Only $49.95. This book will pay for itself on day one - the first time you use it.

To take a close-up look "inside the book" and to order your copy, please click here. To receive the special discount price, simply enter discount code 103FEL in the code box on the order form.

This is indeed a special offer, and one you will be happy you took advantage of.

And, for those of you who have a copy of this guidebook, please leave a comment below and tell everyone what you think of it or how you are using it. Many thanks.
Some Important Guidelines Regarding National Origin Discrimination

Posted: April 16th, 2009, 6:53am EDT by kittredge
The Equal Employment Opportunity Commission (EEOC) broadly defines national origin discrimination as including, but not limited to, the denial of equal employment opportunity because of an individual's place of origin, or because an individual has the physical, cultural, or linguistic characteristics of a national origin group.

The Commission will examine, with particular concern, denied opportunity for reasons that are grounded in national origin considerations such as:
- marriage to, or association with, persons of a national origin group;
- membership in or association with an organization identified with, or seeking to promote the interests of national origin groups;
- attendance or participation in schools, churches, temples, or mosques generally used by persons of a national origin group; or
- because an individual's name or spouse's name is associated with a nation origin group.
The "speak English only" rule: The Commission will presume that a rule requiring employees to speak only English at all times in the workplace may violate Title VII as a burdensome term and condition of employment. Requiring employees to speak only in English at certain times would not be discriminatory if the employer shows that the rule is justified by business necessity.

Accent: The Commission has determined that an employer must show a legitimate non-discriminatory reason for the denial of employment opportunity because of an individual's accent or manner of speaking. Requirements that employeees or applicants be fluent in English may also violate Title VII.

Harassment: The Commission has consistently held that harassment on the basis of national origin is a violation of Title VII. It holds that an employer has an affirmative duty to maintain a working environment free of harassment on the basis of national origin.

For more in-depth information on this subject, we suggest you visit the EEOC website regarding Title VII National Origin Discrimination. To do so, please click here.
The Six Requirements of the Belo Plan - Something Employers Should Be Aware Of.

Posted: April 1st, 2009, 11:02am EDT by kittredge
The Fair Labor Standards Act (FLSA) does permit a wage plan that provides for a constant wage, even though overtime is worked. It is know as the "Belo Plan," named after the company that successfully argued its merits to the U.S. Supreme Court.

The Belo Plan is designed for salaried employees who work irregular hours, but there are a number of restrictions. Under this Plan, the employer and the employee agree on an hourly rate of pay which is substantially less than the employee's average hourly earnings in an ordinary week. The employee is promised this hourly rate for the first 40 yours each week, not less than time and one-half this rate for overtime hours, with a guarantee of a certain weekly salary regardless of the number of hours the employee works.

The Belo Plan is appropriate when the employee's job demands irregular hours of work. However, the following six requirements must be adhered to:
1. There must be a written agreement between the employer and the employee.
2. The employee's regular hourly rate must be specified.
3. The employer must guarantee time and one-half the regular rate for hours worked over 40.
4. The employer must guarantee a weekly salary, regardless of the number of hours actually worked.
5. The guaranteed weekly salary may not cover more than 60 hours per week.
6. When the employee's earnings at the regular rate for 40 hours and time and on-half for additional hours exceed the amount of the guarantee, the employee must be paid the excess over the guarantee.
For more information about Belo Plans, and a detailed explanation of compensation considerations, you might like to read an article written by Robert Ditmer.