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Professional Employer Organizations

Question: My company is considering going to a Professional Employer Organization.  Can you provide some insight on the pros and cons of PEO’S? FROM: ANA INDUSTRY: MINING RESPONSE I want to preface this response by saying that I am not a PEO fan. The original concept of employee leasing was great. A third party in […]

Family And Medical Leave Act #1

Question: Have you ever had a situation where you looked back when applying FML leave, instead of looking ahead when counting the 12 month period? From my research this appears to be legal, just verifying I am reading and interpreting this correctly. FROM: PAUL INDUSTRY: EDUCATION RESPONSE Yes, you can look back.  It is a rolling […]

Family And Medical Leave Act #2

Question: In determining exemption from FMLA based upon having under 50 employees, would we need to include employees that are registered as being licensed employees of our Corporate branch address, but physically work from other locations? FROM: JOHN INDUSTRY: MORTGAGE RESPONSE: John, For FMLA purposes, it is the location in which the employee actually works. So, […]

Family And Medical Leave Act #3

QUESTION: We have a person on FMLA who has almost enough time to cover the complete 12 weeks.  While he has been out the payroll department has him accruing sick/vacation time.  In the FMLA policy as I read it, it states, “Although benefits will not accrue during any leave, benefits accrued before leave will not […]

FMLA, Workers Compensation and ADA

Question: I have an employee who has been out on worker’s compensation since 6/16/05 due to an OJT accident.  She was released to part-time duty 9/23/05 and is still only working 1/2 days.  She has exhausted her FMLA leave.  How long must we keep her on w/c status as a pt worker when her position […]

Wage and Hour

Question: Is it correct for exempt employees to take time off work – maybe 2-3-4 hours in a day and not have it charged against their annual balance?  Our company pays for their time off but our CFO just recently said exempt employees are not to have the above-noted time taken off their annual leave […]

Employment at Will

QUESTION Can I can fire somebody whenever and for whatever I want? FROM:  BRIAN, CSO (CHIEF SACKING OFFICER) INDUSTRY:  PRINTING RESPONSE: Dear CSO: Your question cannot be answered by saying “yes” or “no” because the answer is “yes” AND “no.” The employment at will doctrine states that the employment relationship is for no specific period […]

Americans with Disabilities Act

Question: A supervisor informs HR that a hearing impaired employee has reached the maximum level of attendance points allowed. The supervisor is recommending termination. How do you handle it? Thank you. FROM: CYNTHIA INDUSTRY: UNKNOWN RESPONSE: Cynthia, You do not state that the employee has received any type of corrective action at this point.  To summarily […]

Compensation #1

QUESTION Hi, Bob.  Your newsletter came while I was doing research…for suggestions for a competitive way to offer incentives for managers who fill in at another location until an opening is filled.  Basically, doing 2 jobs at one time…their own and the one of the vacant position.  Currently we think we’d pay (in addition to […]

Compensation #2

QUESTION: What are the pros and cons with Merit Pay?  What are the alternatives?  Do most companies in Jacksonville use merit pay or another form of reward? FROM:  MARLA INDUSTRY:  HEALTHCARE RESPONSE: Marla, I hope all is well. I love these kinds of questions because there is no easy answer. I am a firm believer […]

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