We have an employee that to date has withdrawn more from their FSA than they have contributed. They have now given their notice to end employment. Can we deduct the balance owed for the FSA off the last check to balance out the amount he has been paid but has not contributed.
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My understanding has always been that only non-exempt employees can clock in and out. Would it be a violation of wage and hour law if a salary exempt employee also clocks in and out?
We have an employee who missed 6 days of work due to pneumonia. We sent her the FMLA paperwork however she never returned the Certification of Healthcare Provider. She is back and work. Must we insist that she have the Certification completed or can we say that her leave will be denied under FMLA? She […]
What are the ERISA Health and Welfare Benefit reporting requirements that apply to a small employer (less than 25 employees) with a fully insured group plan?
I have a company that does lighting designs for events that require employees to travel from their homes to various locations. Sometimes travel is required out of state. Typically the travel time is one to two hours. Sometimes employees meet at the warehouse and ride in the company van. Do we pay for the time […]
We have a graphic designer who currently we designate as non-exempt. I realize they can be an exempt position but we are trying to determine if the position is really exempt. His supervisor says that the employee comes up with ideas for advertising and develops them. My concern is that he does more routine, manual […]
An employee is claiming that they are unable to perform an essential function of their job due to infertility treatments and may potentially need to miss work as a result. How should this be treated under FMLA, ADA, and/or the Pregnancy Discrimination Act (PDA)?
We want to draft a policy that allows us to install a monitoring app on employee’s personal phones that can contain private HIPAA data and gives us the option to remotely wipe the phone if stolen. The hurdle is that we do not provide any reimbursement for personal phones. Are we allowed to do this […]
We are a staffing company with employees in almost every state. Employees are non-exempt and submit hours worked via timecard. But what happens when we don’t receive one from the employee? Are we required to pay the employee even if we do not have a time card?