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Showing 27 posts in Employee Benefits.
The Christmas Conundrum, continued
On Monday we discussed the basic framework for providing employees with days off during recognized religious holidays. A related issue commonly presented during the holiday season is whether employees must be paid for their time off. More >
The Christmas Conundrum
The holidays are a joyous time of year, but many employers face the season with a certain sense of trepidation as their employees inevitably request time off work. As the holiday season kicks into full gear, now is a good time for employers to refresh themselves on basic guidelines for granting and denying employees’ vacation requests. More >
Varying Maternity Leave Policies, cont.
On Monday, it was discussed that it is typically acceptable to offer different maternity leave benefits for employees at separate employer locations (such as a corporate office versus store locations). Further, it was noted that it is generally acceptable to have varying policies amongst employees, so far as the policies are applied within the parameters of the law (i.e., not discriminatory). More >
Varying Maternity Leave Policies
Recently, our firm was asked if it were permissible for a company to have separate maternity policies for a corporate office from that of a store location. The concern was of course that a claim of discrimination would be made if different policies were used, and it was right for the question to be asked. However, what may be surprising is that there is no requirement that employees at different company locations all be offered the same benefits. In fact, it is common for employees in a corporate office to receive different employment packages than those at other locations, such as the company’s retail store or restaurant. In fact, an employer does not have to have the same policies for all employees in the same location in many instances. The key is that a policy not have an adverse impact on any protected groups or result in unintentional discrimination. More >
You Can’t Take It With You When You Go – Requiring Employees To Use PTO
Contrary to what many employees think, paid time off (“PTO”) is not a protected right. Instead, it is a matter of agreement between an employer and employee. There are times when employees may prefer to take unpaid leave so that they can accrue their PTO, but employers can determine whether this practice is permissible. It is lawful for employers to require that employees exhaust unused PTO time before taking unpaid time away from work. More >
Supreme Court Will Hear Quality Stores Case
On October 1, 2013, the Supreme Court of the United States agreed to hear United States v. Quality Stores, Inc. The case has been previously discussed on our blog. In 2001, Quality Stores entered bankruptcy and closed all of it doors to nearly three-hundred stores. The store challenged a requirement to pay FICA (Federal Insurance Contribution Act) taxes on the severance that it had paid its workers. FICA taxes help finance federal retirement and health care benefits. More >
Employee Benefits in the Wake of Windsor
On June 26, 2013, the U.S. Supreme Court, in United States v. Windsor, declared unconstitutional Section 3 of the federal Defense of Marriage Act (“DOMA”), which had prohibited the federal government from acknowledging marriages between same-sex couples. At the time of the ruling, same-sex marriages were recognized in 12 states and the District of Columbia. The decision does not require states to recognize same-sex marriages; Kentucky is among the states that do not. However, that does not mean that Kentuckians, specifically Kentucky employers, are insulated from the effects of this decision. More >
