Tag: disability

Benefits: Can We Screen Out Unhealthy Applicants When We Hire?

Our healthcare premiums have gone through the roof (whose haven’t?), and management is putting pressure on me to get the costs down. They think we can have an impact by establishing health criteria to screen out applicants who will be likely to have high health bills, e.g., smokers, those who are overweight and/or have high […]

Discrimination: Do You Have Any Tips for Avoiding Discrimination Lawsuits?

Fortunately we haven’t been accused of discriminating against our employees or potential hires. But with all the lawsuits we’ve been reading about lately, we want to be proactive. Do you have any strategies or advice for preventing possible discrimination claims? —Kris R., HR Director, San Jose   Discrimination is a big—and often costly—issue faced by […]

Deferred Compensation Plans: Take Time Now to Ensure Compliance with Section 409A

Internal Revenue Code Section 409A regulates deferred compensation plans and other arrangements, including severance plans, annual bonus payments, long-term incentive arrangements, stay bonuses, and settlement agreements upon termination. Section 409A rules govern compensation that was deferred or became vested after Jan. 1, 2005. Because employers have faced many difficulties trying to comply with these rules, […]

Exempt Employees: Deductions for Disability Leave Didn’t Violate Salary Basis Rule; Tips for Reviewing Your Plan

Under California and federal law, an exempt employee must receive his or her full salary for any week in which the person performs any work, regardless of the quality or number of hours worked. This is known as the “salary basis” rule. If you dock an exempt employee’s weekly salary, you could violate this rule […]

Employment Law Tip: Is Your Workers’ Comp Poster Up-to-Date?

California employers are required to keep posted in a conspicuous place a notice stating the name of the employer’s workers’ compensation insurance carrier or stating that the employer is self-insured. The notice must be easily understandable and posted in both English and Spanish (where there are Spanish-speaking employees). The notice must include the following details: