Category: Benefits and Compensation

This topic provides guidance on how to handle compensation issues in a way that attracts and retains the best talent and advances the strategic goals of your business. You get news and tips on what’s going on nationally and in the states, and updates on changes in regulations, possible governmental action, and emerging compensation trends.

FMLA

Consequences for Failure to Recertify

An employee had to recertify his qualifying condition because of an established pattern of potential Family and Medical Leave Act (FMLA) misuse, but he failed to cooperate with the recertification process and didn’t provide the requested information. If he seeks FMLA protection for future absences, should we deny the request, or are we required to […]

arbitration

Court Upholds Dismissal After Employee Couldn’t Prove Monetary Damages

The U.S. 7th Circuit Court of Appeals (whose rulings apply to all Illinois, Indiana, and Wisconsin employers) recently interpreted the Family and Medical Leave Act (FMLA) in a case involving an interesting set of facts. The employer altered an employee’s position while he was on leave, but his compensation was frozen at a pre-leave level […]

pretext

Employee with Essential Tremor Can Proceed with ADA Case, Federal Court Rules

A recent decision by the U.S. District Court for the Southern District of Ohio illustrates the relatively low bar an employee must clear to proceed with a regarded-as-disabled claim. Facts Douglas McGonegle worked for Sleep Number, a mattress and sleep accessory store, as an at-will employee (that is, he could be fired at any time […]

Employer’s Ambiguous Communications Lead to Trial in FMLA Case

Ambiguous and confusing communications by an employer and benefits administrator to an employee about her Family and Medical Leave Act (FMLA) and short-term disability (STD) leave requests created issues of fact for a trial to decide, a federal district court in Columbus recently ruled. Facts Abby Knaup worked for Molina Healthcare of Ohio from April […]

25 Benefits & Perks to Offer Remote Workers (Infographic Checklist)

HR teams often put a lot of time and effort into creating benefits packages and perks for employees that help them remain satisfied and engaged at the workplace. But the pandemic has forced many workers into a remote setting, leading to a situation in which many benefits and employee perks simply aren’t as useful as […]

‘You Can Be Just a Little Bit Pregnant,’ Says Texas Court

Yes, our parents were wrong, at least as far as the law is concerned—turns out you can be just a little bit pregnant. The Texas Court of Appeals in Corpus Christi said so in an opinion issued on February 11. To solve and understand the apparent riddle, read on. Office talk triggers termination Cynthia V. […]