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From the Hotline: Voting Leave and FMLA

Question: During leave for voting, are employers able to count those hours towards the 480 hours of Family and Medical Leave Act (FMLA) tracking? Answer: Time off to vote is not one of the qualifying reasons for taking Family and Medical Leave Act (FMLA) leave. Most employers have a separate voting time off policy which […]

From the Hotline: Donated Leave

Question: If an employee is on donated leave, how many times can one employee donate leave to that same employee? Answer: This would be based on company policy and/or practice. Generally, companies have guidelines in their leave donation policies outlining the maximum amount of leave time an employee may donate and the maximum amount that […]

From the Hotline: Pre-Tax Premiums

Question: Can a company deduct premiums for a voluntary cancer, hospital indemnity, and/or accident policy on a pre-tax basis? Answer: Yes, these types of plans can be included in an employer’s cafeteria plan and deducted on a pre-tax basis, so long as they are group plans offered to all employees. However, employers should keep in […]

From the Hotline: Change from Hourly to Salaried in California

Question: Can we change our hourly employees to salaried? If so, what is the minimum pay for salaried employees in California? Answer: An employer may pay employees who were previously paid an hourly wage a fixed salary and retain the nonexempt classification, but should be aware of laws surrounding overtime and meal/break requirements ensuring they […]

From the Hotline: Notice and Changing FMLA Calculation Method

Question: I read somewhere that if you change your Family and Medical Leave Act (FMLA) calculation method that you have to give employees a 60-day notice. Do you know that to be true? Answer: Yes, this is correct. An employer intending to change their method of calculating their 12-month Family and Medical Leave Act (FMLA) […]

From the Hotline: New I-9′s Needed for Company Split?

Question: Our firm split into two companies. One kept its federal Employer Identification Number (EIN) while the other got a new EIN. Should the company that branched off do new I-9 forms for the employees they took with them? They have their original personnel folders. Answer: Whether or not the employer processes new I-9 forms […]

From the Hotline: Request for One-Year Leave

Question: Are we required to grant an employee’s request for a one-year leave to care for her newborn triplets now that her maternity disability leave is completed? (Our company has under 50 employees and is not subject to Family and Medical Leave Act (FMLA) leave requirements). Answer: In the absence of an FMLA requirement, the […]

From the Hotline: Paid Family Leave (PFL) Eligibility and Entitlement

Question: If someone is eligible for Paid Family Leave (PFL) benefits, does that entitle the employee to a leave? Answer: Eligibility to Paid Family Leave (PFL) benefits does not entitle an employee to a leave. The employee needing a family leave should be instructed to follow the employer’s standard practice for requesting time off. The […]

From the Hotline: Deductions for Broken or Lost Tools

Question: Can an employer in California deduct broken or lost tool costs from wages? Answer: An employer may not deduct amounts from an employee’s wages due to breakage or loss of property, unless it can be shown that the breakage or loss is caused by a dishonest or willful act, or as a result of […]

From the Hotline: Rounding Time Worked

Question: Can an employer round time worked to intervals of their choice, such as 5 or 10 minutes? Answer: An employer can choose the interval for rounding time for payroll purposes. The best practice is to use the smallest interval of time that can be accurately captured in the company’s timekeeping system. The employer must […]

Rhode Island Employment Law Update – July 2014

Unemployment Insurance On July 1, 2014, Rhode Island Governor Lincoln Chafee signed legislation (H.B. 8206) amending the state’s unemployment insurance law. The law allows new employers to receive the new employer rate with respect to the employment security fund when taking over an existing business in insolvency proceedings if there is no common ownership, management, […]

New Hampshire Employment Law Update – July 2014

Recordkeeping – Eligibility to Work in the U.S. On June 16, 2014, New Hampshire Governor Maggie Hassan signed legislation (H.B. 1168) regarding employer recordkeeping requirements. Pursuant to the law, no employer may employ any employee without obtaining documentation showing the employee’s eligibility to work in the United States. The employer must maintain such documentation for […]

Massachusetts Employment Law Update – July 2014

Minimum Wage Increase On June 26, 2014, Massachusetts Governor Deval Patrick signed legislation (S.B. 2195) increasing the state’s minimum wage to $11 per hour by January 1, 2017. The increase is in the following phases: On January 1, 2015, the minimum wage will increase to $9 per hour. On January 1, 2016, the minimum wage […]

Louisiana Employment Law Update – July 2014

Discrimination – Apprenticeships On June 19, 2014, Louisiana Governor Bobby Jindal signed legislation (S.B. 155) regarding discrimination and apprenticeships. Among other things, the bill provides: That the term “apprentice” means a worker older than 16 years of age where a higher minimum age standard is otherwise fixed by law or rules and regulations. That the […]

Kansas Employment Law Update – July 2014

Unemployment Compensation – Shared Work Plans On April 10, 2014, Kansas Governor Sam Brownback signed legislation (S.B. 372) amends the state’s unemployment insurance law with regard to the Shared Work Unemployment Compensation Program. This voluntary program is a means by which an employer may reduce the number of hours worked by employees without having to […]