Q: I work at a company for $8 an hour. I'm in my mid-twenties and I have a family to take care of but this is not enough to pay for everything so it's impossible.

Is it worth working at a small company to invest for your future at this rate? I need to earn enough to take care of my family, but I don't want to quit a good opportunity! I'm so angry and confused at my situation. I like the job but not the pay!

A: Your situation sounds stressful. Minimum wage is hard to live on in the Boston area. I have a few thoughts to share with you:
- Think about your current work situation in a different way. Yes, I agree, $8 per hour is low. But it may be reasonable for the role you are performing at your company. However, think about what you can do to raise your value to your company. Can you take on additional responsibilities? Can you find ways of saving them money? Can you help them in other areas or departments? Can you take on higher level work that would justify the company paying you a higher hourly rate?
- Are there ways to move into a higher level role at the company? Are there promotional opportunities within your company?
- Can you work some overtime hours which may increase your paycheck?
- Can you improve your skills and/or knowledge to enter a more lucrative field? Can you research educational opportunities in fields that may be well-paying and high growth fields?

We all think we should make more money, whether we make $8 per hour or $80 per hour. However, there are ways to increase your value. Think about the options I have offered above.

Finally, there have been recent discussions about raising the minimum wage in Massachusetts. Read Megan Woolhouse’s recent article by clicking here http://www.bostonglobe.com/business/2013/06/13/easy-answers-increasing-minimum-wage/77l6iV0IWkhLzu6f3hZY7O/story.html.

Q: I have been job hunting for about six months. It was slow around the holidays. I became discouraged because I would send resumes to companies and would hear nothing back. Then, I started becoming smarter about using my network. I also noticed the job market seemed to pick up after January. Now I have two offers in hand. Both are good offers and I think I would be happy with either role. How do I decide?

A: Congratulations. Your hard work and persistence paid off. It sounds like you also may have made a change in how you ran your search: instead of simply emailing a resume to a company, you used your network to your advantage. Your professional network of colleagues, friends and acquaintances can be a valuable asset during a job hunt.

Two offers in hand! Good for you! Here are some of the factors to think about when making a decision:

1. Look at the complete offer, not just the salary. The salary is important but should not be the sole reason for accepting the offer.
2. When employees report high levels of job satisfaction, one factor is often critical: how interesting and challenging the work itself is. Does one role offer more challenging or interesting work?
3. Think about your career path. Which role offers you opportunities beyond this initial role?
4. Evaluate the employee benefits. Compare the medical, dental, life and disability plans. Is there a retirement savings plan [like a 401(k) plan]? Is there a company match for this plan? Does the company offer tuition aid, training programs or other professional development opportunities?
5. Understand the compensation part of the offer. Is there a base salary plus a bonus or other incentives?
6. Is one commute better than the other? Is there free parking or is there an expense associated with parking? Is either role accessible via public transportation?
7. What supervisor and colleagues seem to be a better fit for your work style?
8. If flexibility is important to you, does one opportunity offer you more flexibility than the other?

Make sure that you receive any offer in writing. A written offer helps clarify the details of the employment offer. You want to ensure that you understand the specifics of each offer.

Congratulations again! I am happy to hear that job seekers are landing in 2013!

Q: I own a small company (less than 10 employees) and am struggling with how to deal with how to give my employees time off for personal reasons. I am not sure if I can afford to give everyone all the days that they need. How does a company balance this? I want to be fair but I also have a business to run.

A: Just a week after the Boston Marathon bombings, you raise a timely and important question. Most small business owners want to be reasonable and supportive.

Consider establishing a guideline to offer some time off (maybe 1-2 days per year?) for personal issues. You can communicate that these days should be used to attend to personal concerns or emergencies. As an example, you can explain to your employees that these days can used for a wide variety of reasons, including moving from one apartment to another, to wait for an appliance delivery or to attend the funeral service of a loved one.

Another option, especially common in retail work environments, is to ask your employee to find a co-worker to fill in for the specific shift. Often times, another co-worker can trade a shift with the employee needing a specific date and time off.

Some employers will allow the employee to take the time off but without pay. Most employers, however, will provide 1-3 days off per year with pay, especially if the need is serious (e.g., a personal health concern, funeral of a close family member or some type of natural disaster).

What you will find is that most of your employees will only use this time off when the time off is really needed. There may be a select few that take advantage of these days but those are usually a rarity. When your most loyal and valuable employees come to you with this request, you will want to give them options for taking the time off. Having guidelines in place will help you respond to these requests in a fair and supportive way.

Q: I was just hired into a role where I was told I am eligible for paid overtime (at time and one-half) after I work forty hours. However, no one has mentioned lunch breaks. How does this work when an employee regularly works more than 8 hours per day? Do I get a lunch break? Is it paid or unpaid? Everyone working in this office seems to eat at their desk and work through lunch.

A: Most employees in Massachusetts are covered by the state's meal break law. Your employer must offer you a 30-minute meal break by law if you work six or more hours in a single shift. This 30-minute meal break is unpaid. This law does not apply to certain industries in Massachusetts, including those employers in the iron, glass, print, bleach, dye, paper and letterpress industries. Employees can choose to voluntarily work through a meal break, which sounds like the situation at your work location. If an employee chooses to work through his or her meal break, this time must be paid. Many employees think employers are required to offer a "lunch hour" but this is not the case.

Additionally, an employee must have the freedom to leave their workplace during this meal break. An employee should not be assigned other duties during this meal break or else it really isn’t a meal break. For example, an employee can’t be asked to cover the front desk or phones for another department during his or her meal break. The employee should be free from all work-related responsibilities.

Employers can be liable for breaking this law. This law is enforced by the Massachusetts attorney general’s offices. For more information on workplace rights within Massachusetts, visit http://www.mass.gov/ago/docs/workplace/wage/wagehourbrochure-final.pdf.

Q: In my first year in an entry-level role at a non-profit, I spent 7 months doing my work and that of another position. I eventually "trained" two new hires for that role. During our recent hire, I learned secondhand that job's salary is $6000 more than I make. This person is not a manager; nor do the responsibilities demand more advanced skills than mine - just a different focus. How do I negotiate a more comparable salary or better benefits (i.e., employer pays full, not half medical insurance)?

A: Compensation is an emotionally-charged topic for many of us, especially if we perceive that there may be inequities in how we are paid. However, there are often logical reasons for employees being paid at different levels.

Assuming you are correct, that your pay is lower than your colleague’s pay, one valid reason may be a difference in skill set. Certain hard-to-find skills may be worth more in the employment market place. As an example, there are many technology firms in Massachusetts with several engineers with similar levels of experience. However, one engineer may have a certain skill which may be very difficult to find. The engineer with the unusual skill set may be compensated at a higher level of pay than his or her peers. Another reason may be experience level. If you have been hired in an entry-level role, your experience may be less than your colleague’s level of experience.
Asking your employer to pay for a greater portion of your medical benefits is probably not a viable option. Most employers do not pay for the full premiums because of escalating health care costs. However, some benefits may be negotiable. One benefit that you might want to ask about is tuition aid. Your employer may be able to provide some type of financial assistance for you to continue your education.

If you decide to ask for a salary increase, you need to be careful. If you learned of your colleague’s salary “secondhand” does that mean someone shared this with you? Most employers assume that employees will keep salary information confidential. Further, you need to make sure that your information is accurate. Sometimes employees embellish or exaggerate starting salaries, salary increases or other compensation information.
You can have a candid conversation with your manager if you believe you are underpaid. Try to get external data on similar roles from other non-profits of a similar size within the same geographic area. Or your company may publish salary ranges for open positions. Explain that you absorbed extra work for seven months before your colleagues were hired. Remain professional, factual and not emotional. Have this conversation in a private setting. Be gracious and thank your manager regardless of the outcome.

Q. After 2 years of unemployment, I have been offered a position as a marketing data analyst. This is a small career change, and I'm fully qualified (if not overqualified). Research shows salaries from a low end of $49k to an average of $62k/year. They offer a salary that is well below the low end of this spectrum. While I could cover my bills, I feel the offer is almost insulting and taking advantage of my desperate situation. How can I address this disparity? I like the company and would love to work there.

A. Prolonged unemployment is a horrible experience - financially, emotionally and career wise. It’s something that only those that have been trough it can fully appreciate. Unemployment statistics are made of stories of real people and real organizations going through challenging times. And the aftermath of this will invariably impact on how you view any offers you receive.

So celebrate that you have an offer. The people you met value your skills and the contributions you can make. Do your research. Why can the company fill this position now? Is this a replacement role for a recent vacancy? Or did they fill a long vacant position with a newly opened head count addition? Is this a new role based on business growth? The answers here, as well as a look at any type of financial information you can access might help explain more about how the offer came to be and why they selected the salary they did.

You say you like the company and would love to work there, but why? What do you know about the people and the organization that would explain what you consider a low ball offer? Are they the kind of people who would “take advantage” of your situation? Are they a not-for-profit that doesn’t fit your research data? Was the research conducted in a booming economy versus during a recession? Or perhaps they see your experience and qualifications a bigger career change than you believe.

While you have the opportunity, you should try to negotiate for a higher salary. Valid reasons include your experience, and the data you have on the typical salary range for this role. Approach the negotiations with gratitude, “Thank you so much. I am very pleased to get this offer, I am confident in the experience I bring to the organization, and the contributions I can make. I am disappointed in the compensation. Recent research I have done shows the compensation for this position between XX and XX for someone with x years of experience. This offer is below the low end of that scale. Is there flexibility in your offer?“

Hopefully you can add to the offer. If not, consider asking for a six month compensation review. If they cannot or choose not to enhance the offer, are you able to move past your feelings about the generosity of the offer? There are many ways to see the “reality” of this situation. You need to make sure that you can accept this job without bitterness. Should you accept the offer, you will want to be the high performing positive employee you can be, even if you continue to look for opportunities that offer more.

Q: My son just left a job where he was paid on a salary basis. He had been at the job for about six years and was owed for 13 vacation days. Upon his leaving, the company figured his "daily rate" by dividing his salary by 365 days. Is this typical of how a business would determine a vacation day rate of pay for a salaried employee, even though he worked a five-day work week? They ended up paying him about $600 less than what he would have been paid had they divided his weekly pay by five days.

A: Your instincts are good. You are right to question the five-day work week vs. the 365 days in a calendar calculation.

I consulted Valerie Samuels, Esq., Partner at Posternak, Blankstein and Lund. Her response: “Your son has been cheated.” Samuels explains: “The Fair Labor Standards Act (FLSA) is a federal law which governs certain wage and hour issues. We need to know your son’s regular schedule to calculate his vacation pay rate. The FLSA regulations provide that if an employee is employed solely on a weekly salary basis, the regular hourly rate of pay is computed by dividing the salary by the number of hours which the salary is intended to compensate. In the absence of a regular work schedule, a 40-hour workweek is the standard. This may also be calculated as a per diem rate based on a five day work week. Based upon a 40-hour workweek, your son would be entitled to vacation pay based upon his weekly salary divided by 40-hours.” Samuels and I both agree that using 365 days to calculate his vacation time is absurd.

Samuels offers, “The good news is that your son has an effective remedy at his disposal. Massachusetts General Law Chapter 149, Section 148 provides that vacation pay is equivalent to wages and must be paid immediately upon termination if the employee is terminated or in the next regular payroll if he leaves voluntarily. In the absence of such payment, your son is entitled to mandatory treble damages plus attorneys’ fees and costs. It is irrelevant whether your son’s former employer made an honest mistake or was ignorant of the law. Your son should contact the Massachusetts Attorney General’s office or seek the advice of an employment attorney to make sure that his former employer promptly pays the balance of his vacation pay.”

In Massachusetts, employers are well-advised to pay close attention to these laws so as not to be caught up in a potentially expensive situation. Additionally, employees should educate themselves so they know their rights and make certain they are paid correctly for their work.

Q: I run a small business where our customer needs are very cyclical. Like a lot of retailers, we make most of our money in 3-4 months of the year. My company employs about 15 workers. Most of these employees are part-time but some are full-time. I attended a seminar recently where the seminar leader said you could not offer compensation time to full-time workers. If I can’t do this, it would severely limit my ability to employ full-time staff. Can you help me better understand if I can or can not offer comp time to my full-time employees?

A: Providing compensatory time (or “comp” time) is a common practice in some industries. This practice, giving an employee time off instead of paying the employee, can be used lawfully sometimes.

Generally, state and federal law require employers to provide non-exempt employees overtime pay, at one and a half times their regular rate, when they work more than 40 hours in a work week. A retail sales person almost always must be classified as non-exempt. Some employees (e.g., outside sales representatives or managers) are “exempt” from the overtime requirement.

I consulted Daniel Field, a partner with Morgan, Brown & Joy, LLP, a firm which focuses exclusively on representing employers in employment and labor law matters. Field warns, “Federal and state law prohibit the use of comp time for overtime eligible employees in weeks in which they work more than 40 hours. Providing comp time instead of paying overtime in such a work week would constitute a violation of the federal overtime law (called the Fair Labor Standards Act or ‘FLSA’). This action would also violate Massachusetts and most other New England states’ corresponding overtime laws.”

According to Field, former chief of the Massachusetts Attorney General's wage enforcement division, “Employees who work extra hours may receive compensatory time off within the same work week because it does not affect the calculation of hours worked or the overtime due. This is because an employee’s compensatory time off (for which the employee is paid but does not work) is not counted toward the 40 hour calculation. In addition, employers may normally (but don’t have to) pay overtime exempt employees comp time when they work beyond their normal week.”

Most employers are trying to reduce costs in this economy. However, even unintentional violations of wage and hour laws present significant problems for businesses because, under Massachusetts law, employees can recover automatic triple damages, and their attorneys’ fees from their employer. Increasing numbers of businesses, even very small ones, have been facing expensive class action wage-hour lawsuits brought by attorneys on behalf of affected employees.

Q: My husband and I are planning to have a baby in 2013. I don't think my employer has ever had to deal with a maternity leave in our office. I know there are laws out there. But what are they? Do they only apply to just some employers or just some employees? I live and work in Massachusetts.

A: You are wise to research internal and external maternity leave policies and laws before you have a baby. It is helpful to know exactly what your benefits are before you apply for a leave of absence.

There are a number of factors that could influence how your employer handles such a leave. In Massachusetts, one factor is company size. If your company has six or more employees, your employer must comply with the Massachusetts Maternity Leave Act (MMLA). In short, MMLA requires employers with six or more employees to provide eight weeks of leave for the birth of child. The employee must have completed the company's probationary period if the company has such policy. If your employer is larger than 50 employees, you also might be eligible for a leave under the Family and Medical Leave Act (FMLA).

Both the MMLA and the FMLA have "time off" requirements. However, pay is not required. You would need to research how pay works for leaves at your company. You may have disability policies in place, which may provide you with some pay during your leave. You also may have vacation, sick or personal time which could be used during your leave.

MMLA also requires your employer to restore you to the same or similar position when you return from your leave of absence. For more information, visit http://www.mass.gov/mcad/maternity1.html. This link provides a comprehensive overview of how most Massachusetts employers must provide time off to eligible employees for leaves associated with a birth of a child. For more information about the FMLA, visit http://www.dol.gov/whd/fmla/.

You should also consider reviewing your company's employee handbook (if one exists), employee benefits summary or summary plan descriptions for benefits plans. The more information you have, the better.

Q: I am planning to leave my job in late September. I am in the last final phase of a long interview process for a new step in my career. I am reluctant to ask my employer a very specific question. I think my question will tip them off that I am leaving my company.

My question is a 401(k) question. I have a significant balance in my 401(k) account and am fully vested in my employer’s contributions because I have been with this company for more than five years. What are my options? Do most exiting employees leave it in the former company’s plan because they don’t know enough about the new company’s plan?

A: The decision of what to do with the funds in your current 401(k ) plan is an important one. These funds are often a large portion of an employee’s retirement savings. When an employee leaves a job, there are typically four options: 1. leave the money in the previous employer’s plan, 2. roll the money into the new employer’ plan, 3. roll the funds into an IRA or 4. withdraw the balance.

According to Francesca E. Federico, Financial Advisor at The Bay Colony Group at Morgan Stanley Smith Barney LLC, most employees making a career change don’t typically leave their 401(k) funds with their former employer. Federico explains that you may be required to pay fee to remain in your former employer’s plan. Additionally, the investment choices might be limited.

Federico offers, “Many former employees will consider rolling the funds into their new retirement plan if they have immediate access and they believe the investment options are quality options with reasonable fees. I also see people rolling their 401(k) balances into an IRA. This gives them the freedom to choose from thousands of investment options, instead of the limited options available through a 401(k) plan.”

Lastly, Federico warns against withdrawing funds and “cashing out.” Fees and penalties may apply depending upon your age and tax situation.

Your 401(k) balance is likely a large part of your retirement portfolio. You are smart to take the time to explore what option best meets your financial goals.

Q: My employer is hiring. They announced an employee referral program requesting employees to refer candidates for the open positions. They are willing to pay the employees a “finder’s fee” for referring them quality candidates. Here is my complaint: I referred them a stellar candidate, a former co-worker. This co-worker could do an incredible job for my company. However, I received a call that said that my former co-worker had applied last year in December of 2011 when we were not hiring. Since my former co-worker had already applied, HR says that my referral does not qualify. Does this sound right to you?

A: Employee referral programs are a creative way of expanding the applicant pool. The concept has been around for years and many companies use them to attract candidates especially for opportunities which are challenging to fill with qualified talent.

However, most employee referral programs have rules, conditions and “fine print.” Employer can choose to exclude some referrals for a number of reasons. Rehires, or candidates who once worked for your employer, may be excluded. Candidates who have been previously introduced by an employment agency or a search firm may be excluded.

Some companies even limit paying a referral bonus to candidates referred and hired only for certain “hard to fill” positions. As an example, engineers may be difficult and costly roles to fill for your employer. In this instance, your employer may choose to only offer a referral bonus for engineering candidates but not for referrals who are hired in accounting, sales, HR, purchasing or other areas.

Additionally, some employers will not allow senior leaders or HR to participate in such a program. Some employers also exclude hiring managers from receiving a referral bonus if the vacant role is in within a hiring manager’s department.

Your company can also discontinue this program at any time. Perhaps they will use such a program for several months in 2012. If a referral is received in 2013, this referral may be ineligible for the financial reward even if the candidate is hired.

In your situation, your employer probably has “fine print” which disqualifies a referral who has previously applied to the company. From the company’s standpoint, they are looking to expand their applicant pool and if a candidate has already applied, they are really not expanding their applicant pool.

Q: I work in an intellectually-stimulating, but low-paying job. I really enjoy my work, and intended to have a long career contributing to the common good at the expense of a substantial paycheck.

How to you balance the vast improvements to lifestyle with the serious decline in quality of work? Is it worth it to change careers for a bigger paycheck?

A: Interesting work vs. a bigger paycheck. It is a difficult question to answer because it is different for every employee.

However, there do seem to be some universal motivators for employees. If you and I reviewed the truckloads of data available on employee satisfaction, we would find many commonalities. Most of these motivators are universal. There is little variation between industries, company size, geographic location or level within the organization. When asked, employees consistently value the following:

- Employees want to feel connected to a mission or a purpose. In your question, you used the term “common good.” It sounds like you are connected to your employer’s purpose.
- Employees want to be in a role where 1. they can do their best, 2. the expectations are clear and 3. they will be recognized when they produce good results.
Recognition should be fair, consistent, meaningful and appropriate. What do
I mean by appropriate? A pat on the back is appropriate for a well-crafted
description of a product. A new car is probably overdoing it!
- Employees want to have positive and productive relationships with co-workers. Most of us spend a lot of our waking hours at work. Unproductive and unpleasant work relationships can erode a work environment.
- Employees want to feel included, welcomed and safe. Ask employees for their opinions and suggestions. A “command and control” style of supervising employees is a demotivator for most. Listening, really listening, is a powerful management tool. Really listening says to employees, “I care about what you are saying. You are important. You have a voice here.”

Finally, I am not stating that money is not a factor. Money is a factor. Most of us face financial realities like rent, car payments and utilities. However, it is one part of the job offer puzzle.

Q. Can an employer change the sick leave policy for sick leave that an employee has earned but has not yet used?

A. Sick leave continues to be a sensitive topic for employers and employees. This employee benefit was initially designed to provide pay for employees who could not come to work based on illness. At the time, (and to this day for many employees) if you were not healthy enough to come to work, and you chose to stay out, you are not paid for that day of employment. Offering paid sick time started to evolve for good and bad. People took sick leave when they were not sick; employers encouraged people not to take sick leave by buying back unused sick time so that work could run smoothly. Some employers allow people to accrue sick leave over multiple years, while others allow people to pool their sick leave and give it to employees facing serious illness and financial distress.

A key phrase in your question can help an employee determine this answer by reviewing her employee handbook. Is sick time considered “earned time”? Most often the answer is, “It depends”. Sick time can be accrued, but it is not vacation time. Vacation time is considered earned time, at least in Massachusetts. According to Attorney Dave Wilson, at Boston based Hirsch Roberts Weinstein, “with vacation pay, the Massachusetts Attorney General’s office views accrued, but unused vacation days as ‘wages earned’ and those cannot be taken away once they are earned”.

When it comes to benefits and compensation of any sort, employers are advised to put the policy in writing, and employees are advised to ask clarifying questions to refine their understanding of the policy. Attorney Wilson suggests that employers craft well drafted employee handbooks, which explain the status and terms of benefits. He shares language from their model handbook, as follows:

“The Company may alter or amend the policies and provisions contained in this handbook at any time, at its discretion. As changes occur, we will let you know.

This handbook has been written to provide guidance and to help you get to know more about the Company. Brief outlines of the benefits, salary plan, rules and regulations, etc., are contained for review. For more detailed information on any of these subjects contact the Human Resources Manager. This handbook is not a contract. The benefits, policies, and procedures outlined in this handbook are subject to change at any time, at the sole discretion of the company. This handbook does not make any enforceable promises or guarantees.”

Attorney Wilson also offer this language as it relates to sick time:

“The Company does not expect ill employees to come to work to the detriment of their health and the health of fellow employees. On the other hand, it is expected that all sick leave under this policy will be for actual illness and for that purpose only. Sick leave is not considered earned time, and may not be accumulated from year to year.”

Depending on the written policy of your employer, you may find that sick leave time can be changed after it has been accrued because it is not considered earned time. However, in 2008 in MA an employee won a lawsuit that alleged breach of an employment contract. In this example, the employer's promises for benefits including sick time, contained in various versions of its employment manual, were breached when the employer refused to compensate the employee upon retirement.

Q. I am a warehouse guy for a big box type store and travel to open new stores or rehab old stores for two weeks out of each month. The company pays for hotels that most often offer a free continental breakfast and reimburse us $25 a day for food. That is nowhere near enough for good food and three meals a day. Is there a minimum that companies can give you to pay for food when you are on the road?

A. Many people think business travel sounds exciting, until they start to do it on a regular basis. Business travel eats into your personal life, social life, and after gaining weight and losing sleep many travelers developed methods to maintain their physical health. Eating well and exercise are at the top. Your current per diem (the daily allowance) amount may be making that more difficult.

Though it’s generally not legally required, employers almost always agree to reimburse employees for travel expenses. If they didn’t, it would be harder to get employees to travel – and harder to keep them from leaving to work elsewhere. To find out more about how employee expenses are handled, I consulted with Attorney Patrick Bannon, a Boston based employment attorney with McCarter & English, who said, “In Massachusetts and most other states, it’s generally up to the employee and the company to agree on who will pay for the employee’s meals while the employee is traveling for business. When an employee is just barely earning the minimum wage (currently $8.00 per hour in Massachusetts), not reimbursing the reasonable cost of the employee’s expenses while traveling might violate the minimum wage law. Otherwise, both Massachusetts law and federal law let employers and employees reach their own agreements on the subject.”

The U.S. General Services Administration (GSA) provides information for the federal government, which many employers use as a guideline for their policies. Since rates can vary by location, the GSA provides a web site (GSA.gov/perdiem) with a search by state function to help employers and employees determine, by geographic area, what is considered reasonable for meal reimbursement.

Attorney Bannon points out that, “California is one noteworthy state which requires employers to reimburse employees for business expenses. But whether the California law truly benefits employees is questionable: employers can always take expense reimbursements into account when setting an employee’s salary.”

“By any measure, $25 per day for lunch and dinner is pretty thin,” says Bannon. The federal government’s 2012 rate for three meals per day plus incidental expenses in Massachusetts ranges from $46 to $71 per day. If you are considered a highly valued employee, and are secure in your role, you might consider gathering some data on the cost of reasonable, healthy meals by GSA guidelines and what other local employers typically reimburse, and then thank about asking the company to increase the per diem rate. You might want to leave an article on your manager’s desk, or in the human resources office. If you don’t want to rock the boat, says Attorney Bannon, you may need to gather information about bargain restaurants and where to get good pizza – or start looking for a more generous employer.

Q. I received a job offer from my second choice of two possible places I have been interviewing with. I won't know the decision of my first choice company until tomorrow. I told the person making me an offer, that I would call them back tomorrow. Was it a mistake to ask that? I told them I needed to discuss it before I accepted the offer. In the event that I am not offered the job from my first choice company, I'm hoping I haven't been rude to a possible employer.

Balancing an offer and the possibility of another offer can be a challenge, and asking for a day to think things over is reasonable. How you asked and what you said are the most important factors in thinking about rudeness and maintaining a positive professional relationship.

Regardless of whether an offer is from your first, second, or even third choice company, those making the offer want to have confirmation that you want to join their company -- every offer needs to be treated with a positive reaction, even if you aren’t sure you feel that way. There are a few key steps to make sure your response keeps the conversation on the right track, leaves you open to work another offer, and also to maximize any negotiations.

After the offer is made, your first reaction needs to be, “Thank you! I am very pleased you have selected me for this position”.

Next, reinforce why you are the right choice - “I know I can make great contributions to the role, and I am excited about the team of people I will be working with”. You might add a short sentence that speaks to a specific challenge they face which you have discussed as an area you have experience.

Listen to the full offer - listen for title, base salary or hourly rate, bonus potential, health care coverage and costs, vacation time, all other benefits including 401K and match, stock, and the list can go on depending on your level. Before this conversation, develop a comprehensive list of the items you anticipate being offered and compare that list to what is actually offered from each company.

If the offer is what you want and anticipated, you can tell them how pleased you are with the offer, and that you would like a day or two (a short time – perhaps a weekend, or enough time to make a call to the company you want to hear from) to review the information they provided. Ask if you will receive the offer in writing, and give them an accurate time of when you will call to let them know your final decision. Close with thanks to all the people involved in the process.

If the offer is short on what you had hoped for or anticipated, you can say “I am very pleased with the offer, but is there any flexibility with the compensation? I was looking at X, and 4 weeks of vacation”. Proceed with caution. You may gain some delay time if they need approval. And, remember to end every conversation with a statement of appreciation.

At this point you can call your first choice employer to reinforce how interested you are in the job. Hopefully you already know when a decision will be made, but you can say, “I am very interested in the opportunity to work for this company, and I wanted to know where the decision process is. I have another offer, but I am most interested in working for you.” In the best of all cases, the interest is mutual and the company will come to a positive conclusion, and provide you with an offer that surpasses your first offer. Should that not be the case, you have burned no bridges, and delayed just long enough to think about your options.

Q: I recently had an interesting issue come up with a recruiter. A recruiter claimed that there is a new MA state law that requires all employers to verify the current/previous salary of all new hires. He claimed that this is to ensure people get a "fair" salary. I did some research online and found nothing. I have a strong feeling that this is just a negotiation tactic used by some recruiters to probe for low salaries. Does such a law exist?

A: You have good instincts! As of this writing, there is no Massachusetts law which requires employers to verify the current or previous salary of an applicant in order to ensure that the applicant receives a “fair” salary in his or her new position (or for any other reason). However, many prospective employers can lawfully ask applicants to provide their salary histories and may seek to verify that information directly with the applicants’ prior employers, through independent research or hiring a third party to conduct a background check. A background check could include verifying a candidate’s salary history, educational records, credit history or criminal history.

I consulted Jeffrey Dretler, a partner in the Employment Law Group at Prince Lobel Tye LLP. Dretler offers, “When an employer engages a third party to gather this type of information, the inquiry is governed by the federal Fair Credit Reporting Act and requires the employer to obtain the applicant’s advanced written authorization. If the employer contemplates making or does make a decision not to hire the applicant based on information contained in what is referred to as a ‘consumer report,’ the employer must provide the applicant with a copy of the report, notice of his or her rights, and a reasonable opportunity to explain or correct any errors in the report.”

Dealing with a candidate’s compensation can be a challenge. As a candidate, you can choose to not share your salary history with a recruiter. However, if you do respond with false information and the employer later discovers that you intentionally supplied false information, your sharing of false information could constitute grounds for termination of employment.

You have touched upon an issue that has attracted a bit of attention recently, which is the balance between an employer’s interest in screening prospective candidates and the candidates’ right to privacy. For example, some employers are requesting applicants share their passwords or log-in information to social networking websites such as Facebook or LinkedIn in order screen the applicants’ connections or conduct. Dretler warns, “Employers should think twice before adopting such practices. Maryland recently became the first state in the country to make such an inquiry illegal and similar legislation has been proposed in Massachusetts. Even without specific legislation, such a practice could constitute a violation of the candidate’s statutorily protected right to privacy, although no Massachusetts court has yet ruled on the issue.”

Q: I'm changing careers and am looking for higher income employment without having to attain tons of additional education.

A: Where do I begin? Well, let me start gently. I think you have unreasonable expectations.

Very often employers pay for relevant experience. If you change careers, you may have to re-set your compensation expectations. First, you will likely be in a new and different role. Second, your industry may have also changed. These factors may impact your compensation.

We all would like to earn more without having to “attain tons of additional education.” Education is important. A Bachelor’s degree is almost expected in most professional-level positions, especially in Massachusetts. A Master’s level degree is a plus for many industries, especially knowledge-based industries like biotech, higher education or professional services.

A recent report by the Georgetown University Center on Education and the Workforce entitled Hard Times, College Majors, Unemployment and Earnings: Not All College Degrees Are Created Equal is a worthwhile read. Recent college graduates are facing a tough employment market. The unemployment rate for recent college grads is hovering just under 9%. However, for those job seekers with a high school diploma the rate is 22.9% while for high school dropouts the rate is 31.5%. To review this report, visit http://cew.georgetown.edu/unemployment.

A college degree is still important but this report contends that not all college degrees are equal, especially with respect to employability. As an example, graduates with an architectural degree are facing an unemployment rate of 13.9%. However, recent grads in Engineering, the Sciences, Healthcare or Education are seeing lower rates of unemployment, closer to 7.3%. Those job seekers who have earned a graduate degree fare even better, facing a much lower overall unemployment rate at 3%.

If you hold a Bachelor’s degree and are looking to switch fields, a certificate program may be a viable option. As an example, if you have an undergraduate degree in business and hope to enter the field of web design, I would suggest considering a certificate program rather than an additional degree.

Q: I lost my job in December 2011. However (after reminding my previous employer), I was not reimbursed for my unused vacation time until January 2012. The check for the vacation time shows a pay period of 12/5/11-12/19/11 and the date of the check was 1/18/12.

Today I received my W-2 in the mail and the check for my unused vacation time was not included on it. Because I have not worked there in 2012, and these monies should have been disbursed in 2011, shouldn't it be included on the 2011 W-2?

A: When an employee separates from a company, there are often many loose ends that need to be addressed. Often times, many employees have questions about final paychecks and benefits. Questions about vacation payouts for unused but accrued vacation time are common as well. Company policies can vary on vacation usage, how vacation time accrues and how vacation time is earned.

I consulted Dan Mayton, District Manager of Paylocity. According to Mayton, "All payroll reporting (including data for W-2s), is based on when the employee is actually paid (or the check date) for the wages, not necessarily the period in which the wages were earned." Because you were paid in 2012 for your unused vacation time, it makes sense that you received a 2012 W-2 for these wages.

Mayton adds, "If you were terminated, you should have been paid for all wages owed to you (including unused but accrued vacation time) on your last active date of employment. However, if you resigned, your wages would have been due to you on the next regular pay day."

I have made two assumptions: 1. that you were employed in Massachusetts and 2. that you were terminated because you state that you "lost your job." Your former employer should have paid you for your unused but accrued vacation on your last date of employment. However, it sounds like you did receive an accurate check in mid-January of 2012. It is unfortunate that you had to remind your previous employer about these monies owed to you. From what you shared in your question, I have assumed that your former employer did send you a check for the full amount that you expected to receive.

If you wanted to file a wage claim against your former employer, you could certainly explore that option with an employment attorney.

Q: My situation seems complicated to me, let alone an employer! I left a position as a legal secretary in 2008 for an office manager position. That position did not work out and I was let go after about four weeks. From November 2008 to the present, I have been unemployed. However, in December of 2010 I underwent surgery which necessitated a long recovery period that I hope will end very soon. My most recent salary was $65,000 and I was at a fairly high level administratively. Do you have any advice on how I can address these issues concisely in an interview? Also, what approach should I take regarding my illness? Should I seek a position at the same level that I left? Thank you for your help.

A: Your situation is indeed a bit complicated but can be presented in a credible and positive way. Remember to focus on the positives and minimize the negatives.

First, let’s mention the positives. Think about your professional background and where you have enjoyed success. You don’t need to give a lot of detail regarding your surgery. Instead focus on the present - you are ready, willing and able to return to the workforce.

You have been unemployed for a prolonged period of time. This period of unemployment will no doubt raise a yellow flag for a potential employer. Of course, your surgery was a factor. The economy is also likely a factor. However, the focus should be on what you can deliver to the employer.

Regarding your compensation requirements, you are in the same boat as many others right now. Some of my colleagues call this the “new normal.” Many employees were earning very competitive wages in 2006 and 2007. Then 2008 hit and there has been a correction in terms of compensation. I think you may need to be flexible. Look at any offer you may receive in a holistic way. Don’t just focus on the base salary. The benefits, the commute, the work environment, the company’s mission and the work responsibilities are all important. Also, don’t overlook temporary and/or contract roles. These roles often convert into full-time roles.

Your elevator pitch might sound like this:

I worked for Smith, Brown and Jones, LLP for almost 10 years. I worked for three partners. It was a challenging and exciting role. In 2008, the law firm suffered because of the economy. I left the firm for an office manager role at ABC, Inc. Unfortunately this role was not a good fit. In December, 2010, I had some surgery. I used much of 2011 to recover. I received a “clean bill of health” from my doctor and am ready and eager to return to the working world.

Q. Is it legal for potential employers to ask what your current salary is and require a specific answer?

A. According to Dave Wilson, of law firm Hirsch Roberts Weinstein, it is not illegal for hiring managers to ask for your compensation; however, you are not legally obligated to answer. There is no legal obligation to make an offer, and no legal obligation to accept an offer. Your former employer can verify your compensation, and if the numbers you provide don’t match, you are at a significant risk. How you handle this situation can determine your success or not.

Many people believe lots of “gamesmanship” in the interview can be successful, and recommend not providing an answer to the question -- “Don’t give a number first or you lose.” Many books have been written about how to negotiate salary, and it seems to me that authors have never actually been in a situation where they have been asked to discuss their historic compensation, or what they are looking for regarding compensation in the new job. This is not how it really works, and you need to be prepared to deal with compensation professionally before you respond to an ad, or have your first networking meeting. When this conversation occurs is important. Too early in the process can eliminate you as too highly paid. This conversation needs to happen after a company knows they want you. Then, you have the best opportunity to get the offer you want.

Hiring organizations want to know what you made on the job, and what it will take to get and keep you. You want to know what they will pay, and if you can get more than you hoped for. The best place for both sides to start is with market research. The company will have information about what the going rate is for someone with the skills and experience they want. They will have a range that allows them to look at junior people for the role, and more highly skilled contributors, with a compensation plan that matches. You need to do the same research so that you have similar data, and know what you are worth in the marketplace. You need to find out if you were paid appropriately, underpaid, or overpaid in your previous organization. This has to be based on fact – based on current market data, not a gut feeling.

When you are asked to respond to salary questions, first identify the question. There are two versions of this question and you need to be aware of which one you are responding to. “What were you making?” and “What do you hope to make?”. When responding to any question about money, pay close attention to the words you are using. Know what your salary is, and know what your compensation is. Your salary is one part of your compensation. Compensation is much broader and can include your benefits package (and how much your employer pays toward medical), bonus, incentives, it would include a 401K match or contribution, your paid time off (vacation, sick time, personal days), life insurance, disability, tuition reimbursement, your mobile phone fees. The list can be quite extensive, and should impact your answer.

For example, your answer is “My current (or most recent) compensation was in the mid $50’s, with a significant benefits package, 3 weeks’ vacation, and a guaranteed 20% bonus. What is the range for this position?”. This needs to be said in one breath. You should know that you are in the ball park for the job; your goal is to get to the top of the range.

If you say, “I’d rather not tell you my compensation, but what is the range for this position?” you will most likely not get the answer you are looking for.

Q. During the recent power outage, we paid employees their full salary even though we were closed. What obligations does an employer have to employees during these situations?

A. Most compensation questions get answered by starting with determining whether an employee is exempt or non-exempt. Exempt employees, often referred to as "salaried", are considered exempt from overtime laws; non-exempt employees, often called "hourly", are not exempt from rules concerning the number of hours to be worked and eligibility for overtime.

I consulted with employment attorney David Conforto: “When inclement weather forces a business to close, under federal law, an employer is generally not required to pay non-exempt employees. An issue arises, however, where a non-exempt employee has not received notification that the business is closed and reports to work. In this scenario, Massachusetts law requires employers to pay the non-exempt employee for at least three hours at no less than the basic minimum wage, assuming she or he was scheduled to work at least three hours on that day. This rule does not apply to organizations granted status as charitable organizations under the Internal Revenue Code.

There is a different set of requirements for exempt employees. If inclement weather shuts down business operations for less than a full workweek, the employer must pay an exempt employee the full salary, assuming she or he is ready, willing and able to work. Failing to abide by this requirement may jeopardize the exemption and entitle the employee to be paid overtime. The employer is not, however, required to pay an exempt employee where business operations are shut down for a full workweek or more”.

Communication is the key. Have a phone hotline available for employees to call, in addition to an email or website notification which may not be available based on the weather. If employees can work from another location, or remotely, provide that information as well. Employers should communicate about the expectations they have and employees can discuss the extent of their capabilities based on their circumstances.

In these circumstances, some employers have provided full pay, some had employees use vacation, PTO, or personal days.

We may not see power out again soon, but employers and employees need to be prepared for the seasonal impact ahead.

Q: I am a small business owner and rely on your column and other columns on boston.com for helpful information. I was recently at a networking event and another small business owner was talking about “HERD compliance.” I have done a bit of research but could not find any information online. Can you tell me what this is?

A: Employee benefits are a complex topic, especially for small businesses. In 2006, Massachusetts enacted legislation called Health Care Reform. This law requires that all Massachusetts residents maintain health insurance. Under this law, employers with 11 or more Full-Time Equivalent Employees (FTEs) are required to offer health insurance, contribute towards the cost of the health insurance and offer a Section 125 plan.

Joe Tagman, Benefits Consultant of Northern Benefits of Massachusetts, explains: “The HIRD (Health Insurance Responsibility Disclosure) form documents that the employer has offered an employer-sponsored health plan to benefits eligible employees and the use of a Section 125 plan to both full- and part-time employees. Employers are required to obtain signed HIRD forms each year, from all employees, and retain the forms for three years. Non-compliance can result in a Fair Share Contribution (FSC) penalty or a Free-Rider Surcharge.”

Compliance is a challenge for many employers but seems to be more burdensome for the small to mid-sized employer. The smaller business often has few resources to deal with the myriad of compliance issues. The Department of Unemployment Assistance (DUA) also requires an on-line FSC and HIRD filing annually or quarterly. Tagman warns, “According to the September 2011 report from the Division of Health Care Finance and Policy, since the implementation of the FSC penalty, the state of Massachusetts has assessed over 60 million dollars in liability to non-complaint employers.”

Some resources to explore include www.mass.gov. If you click on the tab for businesses or search the term “HIRD,” additional information is available. To access a 2011 HIRD form, you can download a copy using this link http://www.mass.gov/Eeohhs2/docs/dhcfp/g/hcr/employee_hird_2011.pdf. Additionally, if you have a benefits broker, this individual should be able to assist with compliance issues. If your broker is not proficient in Massachusetts Health Care Reform compliance, shop for a broker or consultant who has this expertise.

Q: I recently landed my first job after graduating in May. However, I am confused about my offer letter. In my offer letter, it says that I will be an "at-will" employee. I am not familiar with this term. I have signed the offer letter but not sure exactly what this term means. Can you help explain this to me?

A: Congratulations on landing your first job after college! This is an achievement! Kudos to you!

Most employees working in the United States are "at-will" employees. This term means you are not working with an employment agreement in place. And it also means that you will not be a member of a union. Don't worry too much though. Most employees in the US don’t have employment agreements. Employment agreements are most often used for senior-level hires (e.g., Chief Executive Officers, Vice Presidents, etc.) And most employees are not members of unions. According to the Bureau of Labor Statistics, about 11.9% of all US workers were union members in 2010.

The term "at-will" simply means that you can resign or leave your job at any time. It also means that your employer can do the same: terminate you at any time for any reason. You don’t have to give your employer notice that you are leaving your role and they don’t have to give you notice either. However, most employees, as a professional courtesy, do provide their employer with two (or more) weeks notice before leaving the company.

Most employers incorporate the "at-will" language in offer letters to newly hired employees. The employer is trying to clearly explain the terms and conditions of your offer. Your offer letter probably also confirmed your salary, start date and title. It may have also included information on where to report on your first day as well as what to bring with you.

A quick article that you might find helpful since you are starting your first job:
“Seven ways to make the most of your new job.” To read, visit http://www.boston.com/jobs/galleries/seven_ways_to_make_the_most_of_your_new_job/

Q: On June 13, 2011, Pattie Sinacole wrote a column that I read very carefully. The column talked about the Family and Medical Leave Act and "in loco parentis." My sister has to go for treatments for a serious illness, once a week. She is unable to drive after her treatments. There are just two of us in our family. We live in the same house. My HR department wants me to prove "In loco parentis." How do I prove this? Would a "Durable Power of Attorney" count?

A: The Family and Medical Leave Act (FMLA) and all of its details can be confusing, even to HR professionals, attorneys and others. The FMLA is a federal law which grants eligible employees the right to take job-protected, unpaid leave (or to substitute paid leave if the employee has earned or accrued it), for up to a total of 12 workweeks in any 12-month period for certain purposes. FMLA only applies to employers with 50 or more employees. The leave may be taken continuously or intermittently in blocks of time ranging from an hour to several days or weeks, depending on the circumstances. One of the permissible purposes of FMLA leave is to care for the employee's spouse, son, daughter, or parent with a serious health condition. Unfortunately though, the statute does not expressly provide an employee with the right to job-protected leave to care for a seriously ill sibling. However, an employee may qualify for FMLA leave to care for a seriously ill sibling if the employee can demonstrate, as your HR department has invited you to do, that the employee stands "in loco parentis" (i.e., in the place of a parent) to the serious ill sibling.

I consulted Attorney Jeffrey A. Dretler, Partner in the Employment Law Practice Group at Prince Lobel Tye LLP. Dretler explains, "There is no bright-line test for proving in loco parentis status. Simply having a durable power of attorney, a legal document which empowers you to make financial and/or health care decisions on your sister’s behalf (depending on what powers are given in the document) is not, by itself, sufficient to bestow in loco parentis status, although it is certainly a helpful factor. Assuming that your sibling is age 18 or older, you must demonstrate that she is incapable of self-care because of a mental or physical disability on an ongoing basis, not just unable to drive home after a weekly medical treatment. The more you can do to show that your sibling relies on you to take care of her financial and medical needs on a day-to-day basis, the greater your chance of demonstrating in loco parentis status."

Q: I was terminated from my job at 5pm on a Friday right before I was ready to leave for the day. I think the supervisor planned the termination for the end of the week instead of telling me earlier in the week. Should I have been given notice? Am I entitled to severance or other types of additional pay? Is this legal? I was told that I was terminated for tardiness and being unreliable.

A: I am sorry that you were terminated from your job. Unless you have an employment contract or a member of a union, your employer can terminate your employment for any reason, including concerns regarding tardiness and unreliability. Most workers in the US are “at-will” employees and can be terminated at any time for any reason.

Assuming you are an “at-will” employee, your employer can also change your duties, salary or benefits as well. Unless you are a union member or have an employment contract, your employer does not have to provide you with any notice. In Massachusetts, employees who are terminated or laid off, must be in full for any wages due to them. These wages should be paid in full on the day of the lay off or termination. This would include any wages due to you for the hours worked, including the day of your termination. You should have also been paid for any unused but accrued vacation time. Severance pay is not required unless it is specified in an employment or union contract. Assuming you were working in Massachusetts, your employer should have also provided information to you on unemployment benefits. A copy of this information can be found at http://www.mass.gov/Elwd/docs/dua/0590a_508.pdf.

Although you might disagree with how and when your supervisor communicated this information, based on what you presented), it sounds like your termination was likely legal.

Q: I am an HR Director of a growing biotech company in the Boston area. We are looking to grow and hire additional staff in 2011 and beyond. Most of our additions to staff will require advanced degrees. Retention is important to us. We offer a very generous benefits package. Many of our employees are well-compensated and are well-educated. Our employees worry about paying for college for their dependents. We are exploring the possibility of adding some type of tuition benefit for the dependents of our employees. We have looked at the Massachusetts Educational Financial Authority’s U.Plan. This plan offers participants the ability to pre-pay college tuition and fees at today’s rates. Do you have any information on this plan and if other companies are offering such plans?

A: Retention is back on the table. I am seeing many of my clients lose top performers and re-think the mindset of “It’s a recession… where will our employees go?” Well, some employees are finding other opportunities and their employers are left scratching their heads.

The U.Plan is a prepaid tuition plan. Approximately 80 Massachusetts colleges and universities participate in this plan.

I talked to a college planning expert, Ron Foisy, College Advisor at College Planning Strategies, LLC (CPS). Foisy explains the U.Plan, “The contribution each year buys a fixed percentage of the future cost of tuition and fees. You can contribute once each year, during MEFA’s open enrollment period.” You can no longer contribute once the student reaches the sophomore year of high school.

Foisy adds, “The major advantage of this program is that it locks in tuition at today’s prices. From 1999-2009, average cost of attendance increased 92%, while the S&P 500 declined 9%. It is a challenge to keep up with rising college costs when your investments are declining. This program takes the price increase out of the equation. An additional benefit is that this may encourage employees to save now for college, relieving the stress down the road.”

However, the plan has some disadvantages. With thousands of colleges and universities available to high school student, this program is limited to approximately 80 schools within Massachusetts. If the student decides to attend a school outside of the 80 or so identified, the parent or guardian can withdraw their money plus interest (CPI). Also, the dollars in the accounts are not liquid. If circumstances change, it is difficult to access these funds. Foisy warns, “These funds are considered parent assets, and will count against the student in the financial aid formula.” College Planning, as a work/life benefit, is a fast growing segment of the marketplace, due to the exploding costs, and increasing complexity.

I have not seen companies offering this type of plan to their employees as a benefit. However, it may be helpful to contact MEFA to request more information.

Q: I just left my job to take another job closer to home. I had 3 weeks of vacation. I was only paid a portion of that vacation time. What gives? I think I should have received reimbursement for all 3 weeks. What’s your opinion? Should I file a complaint?

A: Congratulations on landing a new job in a difficult employment market!

You are correct that vacation time should be paid out to an employee who is separating. However (and this is a significant however), your payment should include only unused but accrued vacation time.

Let’s talk numbers. The three weeks that you had at your former company was likely an annual allotment. So, three weeks over a 12-month period. According to my calculations, this would equate to 1.25 days per full month of work. Employers are permitted to create their own policies around vacation time. Some of my clients require that you work the entire month to earn the 1.25 days of vacation time. Some of my clients require that you work at least through the 15th of the month.

As an example, let’s assume that you took no vacation time from January 1, 2011 until your last date of employment. Let’s assume that your last date of employment was May 31, 2011. Your calculation would be 5 months (worked) divided by 12 months (full year). You would be eligible to receive 42% of your 3 weeks (or 15 days of vacation time, assuming you work 5 days per week). Your final vacation payment should be 6.3 days of vacation pay.

You may want to check your former employer’s vacation policy. Employers are legally obligated to pay any unused but accrued time. However, it is unlikely if you left during the year that you would be entitled to a full three weeks of vacation time. It is also reasonable to contact your former employer and ask them to explain the calculation. It sounds like perhaps you misunderstood how vacation pay-outs are calculated.

Q: My company is small and a bit disorganized. We are in start-up mode. I had worked in a much more formal company before. I am getting used to working in a more chaotic, but still fun environment. I like this new company a lot. I supervise a few entry-level people. All are great performers. I am a bit uneasy about how some of the employees dress in the spring and summer time. At my former company, HR would issue an email in April to provide guidance on this issue. And it was addressed in our employee handbook. How should I address it?

A: When the temperature climbs, I often receive inquiries regarding dress in the workplace. Warm weather often brings challenges in terms of professional dress, even in the most casual environments.

Let’s start by first finding out if there is a company dress code or guidelines in place. There may be a policy or established guidelines that you may not be aware of. Ask another supervisor or the person who handles some of the Human Resources (HR) tasks.

If no policy exists, talk to your manager about establishing some guidelines. If you are struggling with the issue, it is probably reasonable to assume that other supervisors might also be facing this challenge.

I talked to an 11-year old dress code expert, my daughter. In some cases, our schools do a better job of articulating guidelines than companies do. According to Haley Sinacole, a soon-to-be seventh grader, the guidelines that have been established at her school are based on the "Six Bs". What are the Six Bs? The Six Bs is an abbreviation for saying no to the following: bellies, butts, breasts, bras, boxers and backs. Some companies have adopted the Six Bs because it sends a message of flexibility but also some limits.

Some companies publish an even stronger dress code, including more specific requirements of what is acceptable and also what is not. Additionally some companies have guidelines for dress specifically targeting client-facing meetings or client-facing roles.

Q: I am one of eight children. My father died many years ago. My mother is 87 years old and is lives in an assisted living community. She is not able to live independently. I am the oldest daughter. One of my brothers is 17 years younger than I am. He is battling a life-threatening condition. His health will likely deteriorate over the next few months. He is unmarried and does not have children. I would like to take some time to care for him toward the end of his life. I was told by my HR department that I do not qualify for an FMLA leave because he is my brother, not my child. This seems absurd to me. Can you help me better understand FMLA?

A: I am very sorry that you are facing such a sad and challenging situation with a loved one. Although the Family and Medical Leave Act (FMLA) provides job-protected time off to care for a seriously ill family member, it does not expressly provide an employee with the right to job-protected leave to care for a seriously ill sibling. However, it is not out of the question that an FMLA leave could apply to your situation.

I consulted Attorney Jeffrey A. Dretler, Partner in the Employment Law Practice Group at Prince Lobel Tye LLP. According to Dretler:

The FMLA is a federal law which grants eligible employees the right to take job-protected, unpaid leave (or to substitute paid leave if the employee has earned or accrued it), for up to a total of 12 workweeks in any 12-month period. An eligible employee is one who has been employed by the employer for at least a year, has worked at least 1,250 hours during the 12-month period immediately preceding the leave and works at a worksite where 50 or more employees are employed within 75 miles of that worksite. The FMLA authorizes the leave for any one of the following purposes:
(1) the birth of a son or daughter, and to care for the newborn child;
(2) the placement with the employee of a son or daughter for adoption or foster care;
(3) to care for the employee's spouse, son, daughter, or parent with a serious health condition;
(4) because of a serious health condition that makes the employee unable to perform the functions of the employee's job;
(5) because of any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on or called to active duty (e.g., to attend military events, for childcare and school activities, to make financial and legal arrangements, for counseling or to spend time with a covered military member who is on short-term rest and recuperation); and
(6) to care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the service member.

The definition of “son or daughter” for purposes of FMLA leave taken for birth or adoption, or to care for a family member with a serious health condition (1, 2 or 3, above), includes a legal ward or a child of a person standing in ‘loco parentis,’ where the child is either under age 18 or age 18 or older and incapable of self-care because of a mental or physical disability. Persons who are "in loco parentis" include those with day-to-day responsibilities to care for and financially support a child, even where there is no biological or legal relationship (e.g., employee caring for unmarried partner’s child or grandparent caring for grandchild). "In loco parentis" may also apply where an employee seeks leave to care for an "in loco parentis" parent who raised the employee as a child. Thus, if you were to be declared the legal guardian of your brother, or can demonstrate that you serve in an "in loco parentis" relationship to him, it is possible that you may qualify for FMLA leave to care for him. The fact that you are seventeen years older than your brother, that he is unmarried, without children, and your mother is unable to care for him, all weigh in favor of "in loco parentis" status. The only other circumstance where the FMLA could entitle an employee to a job-protected leave of absence to care for a sibling would be in circumstances where that sibling is a military service member injured in active duty and the employee is the service member’s next of kin.

Thus, while your HR Department is correct that the FMLA does not expressly grant an employee the right to job-protected leave to care for a seriously ill sibling, you might consider whether becoming his legal guardian or demonstrating “in loco parentis” status is possible. Even if you do not qualify for FMLA leave, you may consider talking to your manager or supervisor to explain your circumstances and request that the employer grant your request for a leave of absence even if you are ineligible for an FMLA leave. Some of my clients have personal leave policies where the employer will grant a leave of absence for a shorter period of time than FMLA provides, usually one month. Your employer is not obligated to grant your request, but depending on your company’s values, its current financial and business situation and your role within the company, it may be willing to grant your request.

Q: I am a new supervisor. I am being besieged by the requests from my employees. Right now the hot button is vacation requests. Everyone wants to take the week after Independence Day off. It is impossible to grant everyone that week off. If I did, I would not have anyone in my department. What is the best way to handle such requests?

A: The onset of summer often brings these conflicts to the forefront. Here are some recommendations:

1. Find out what has been done historically in your department. If the former supervisor is available, ask him or her if any commitments may have already been made. Sometimes employees will request time off well in advance. It is important to understand certain special requests. Sometimes an employee may be getting married or have a cruise booked. Or an employee may have plans to attend a family reunion our of state.

2. Check any policies that your company may have with respect to vacation requests. There may be a company policy in place that provides some guidance on how to handle these requests.

3. Ask your employees to submit their vacation requests (in writing) in order of first choice, second choice, etc. Sometimes it may not be possible to honor all the first choices that are submitted. And you should be clear about that. By asking for these requests in writing as first choice, second choice, etc., you are implicitly saying that employees should submit their requests, but they are just that - requests.

4. Many companies use one of the following criteria to help them respond to these requests in a fair manner:
• First come, first served. By this I mean, those who submit their requests earlier are more likely to get their first choice of vacation week(s).
• Seniority. Often a date of hire is used to determine whose requests will be at the “top of the pile.”
• Names in a hat. I have some clients who put the names of the employees into a hat. The first name picked gets their top vacation week choices off.

Finally, there may be work-related commitments that prevent a certain group of employees (or even just one specific employee) from taking time off at a specific time. For example, if the company has a significant client deadline on July 15th, then the Independence Day week might be off-limits to those working toward this deadline.

Q: Earlier this year, my employer announced that they were going to pay referral bonuses if we, the employees, referred candidates who get hired for an open position. I have several questions for you. Are these referral programs popular? What if I refer someone who is offered a job but is not hired? What if the employee is hired several months later? Should I still receive the bonus? Last question, what if my referral never gets a call from my employer?

A: Employee referral programs are often successful recruiting tools for many companies. Employee referral programs encourage current employees to refer qualified friends, colleagues, relatives or others for available positions within the company. Often times, the employee who has made the referral will be eligible for a “finder’s fee” if the referred candidate is hired for a position with the company. The company will likely establish guidelines and rules for the program. For example, only certain positions may be eligible for the financial reward. Or the monetary reward may be subject to a waiting period to ensure that the new employee is a good fit.

In response to your specific questions, employee referral programs are a successful recruiting tool and are often used when a company has several “hard to fill” opportunities. Hopefully your company acknowledges all employee referrals but honestly sometimes companyies underestimate the number of referrals that this type of program will generate. Often times, a referred resume will be retained in the event another position becomes available (assuming that the referral is not qualified for one of the existing openings). Your employer may offer you a reward if your referral is hired several months later, but it depends upon the rules that your company has established with respect to their employee referral program.

An employee referral program also sends a few additional messages to the employees of a company. One is that “we are hiring.” This is a positive message especially after the last few years of sluggish hiring. Two, is that "we want to reward employees who tap into their networks that these efforts should be rewarded." Three, "we think our employees are a good judge of talent." It is encouraging to hear that employers are using employee referral programs in 2011.

Last week, my wife and I bought a house near Boston. The negotiations lasted a week, then ended badly.

Let's talk mistakes.

1) Not negotiating. Ever wonder whether something's negotiable?

The higher the price, the more wiggle room. Houses and cars are negotiable; your dry cleaning bill isn't (unless the job got botched).

That leaves a lot in-between.

Consider hotel rooms. The rates must be negotiable; no two people ever pay the same thing, and no one ever pays the price that's listed on the door of their room.

Why not ask, "Is there any flexibility?"

That's a good negotiating question for lots of ambiguous situations. Flexibility sounds like a virtue.

Who doesn't want to be flexible?

But with houses, you assume flexibility. No one takes the asking price literally.

The house we bought was priced at X.

I wish I could tell you more about X, but I can't because X is a ridiculous number, unless you live in a place like Boston where everyone is insanely convinced that a price like X is a steal.

Actually, the price was X + $34,900. The $34,900 part seemed negotiable. We bid X minus $35,000.

That allowed the seller to say, "Let's just split the difference."

Unfortunately, the seller must have had a different script; he only lowered his price by $1,000.

Our plan wasn't going well.

2) No reservation price. Your reservation price is your limit. If you're buying a house, it's the most you'll spend; if selling, it's the least you'll accept.

Without a reservation price, you'll be swept away by emotion, and buy something you can't afford.

Then, years later, when you have no money, and there's another housing crisis, and the entire U.S. economy collapses, it will all be your fault.

In addition to knowing your reservation price, it's good to estimate the seller's. That tells you about the zone of agreement, the range where you can strike a deal.

In our case, the zone of agreement was razor thin.

3) No leverage. Who's got power? Because the housing market is so bad, we assumed we did.

On the other hand, the seller had just listed the house that day. And it was a great house. Also, he turned out to be a real estate attorney. He knew some tricks.

Mid-week, the seller increased his leverage by scheduling an "open house." That attracted buyers, and netted him two more offers.

So much for leverage.

4) Deadlines and ultimatums. If you need drama, deadlines are good.

Recently, the U.S. threatened to shut down the government unless there was a budget agreement—by midnight. It worked.

But sometimes deadlines just annoy people.

After the seller got more offers, he notified all the bidders: "Final offers due by noon tomorrow."

We offered our reservation price: X + $5,000. Then we waited.

By 3 pm, we realized the seller might be using our offer to get a better deal from another bidder. So we set a deadline: our offer expired at 6 pm.

At 6 pm, the seller accepted our offer; we signed some papers and felt good to be done.

The next day, the seller backed out, then sold to someone else.

So much for deadlines.

4½) Getting desperate. It's good not to get too attached to things like houses.

There can't be just one house, or one job, or one __(whatever it is that you think will make you happy).

I believe there's always another house. And if you happen to be living in it, and it's for sale, please let me know.

© Copyright 2011 Paul Hellman. All rights reserved.

Q: I was just hired into a role managing a small group of technical employees. From what I can gather, their former manager’s style took a toll on the morale of the entire department. These employees behave in a very timid and introverted manner. They seem afraid of their own shadows. There is very little interaction. Employees come in and put their heads down and do their work. No one goes to lunch together. It is concerning to me. How do I improve the work environment? The other departments seem ok to me. I really think it is just my department.

A: As the new manager, you have a tremendous opportunity to rebuild and repair the culture. First, ask questions and observe your department in a non-threatening way. Meet with your employees one-on-one. Ask them what they like and dislike about their jobs. Listen, really listen when you meet with employees. No cell phones, no checking emails, no distractions and good eye contact. Having a voice and a safe place to share likes and dislikes is incredibly important. You are also sending a message to your employees. Your message is “I am listening. I care. I hear you. You are important to me.” What a wonderful message to send as a new manager!

Second, as you develop a rapport with your employees, ask them what one thing they would change about their work life. Sometimes you will be able to make a small change that will be simple and improve an employee’s work life considerably.

Third, ask your employees for ideas on how to improve the workplace. For technical employees, sometimes professional development is of interest. Or, do employees want a chance to connect on a regular basis with their peers over pizza and sodas? I could give you 1001 ideas on how to improve your workplace. But who knows better than me? Your employees.

Don’t get discouraged if one or two of your ideas are met with little fan fare and few accolades. Sometimes it takes time for employees to understand that your motives are pure. Employees who are detached may take time to re-engage. It takes time. You will have to earn their trust.

Lastly, keep an open door. Ask questions. Be approachable. Walk the talk. Employees will appreciate your effort. Cultural change requires effort and it takes time.

Q: I work in a busy office for an investment firm. We work long days. I truly enjoy what I do but sometimes I get overwhelmed. I am an administrative assistant for six great investment professionals. However, it is considered "weak" to take even a walk or a break during the day. Most of the professionals that I support arrive at work around 7am and work beyond 6pm or 7pm. I have a strong work ethic but I would like to take lunch or run an errand at lunch time. This is frowned up and discouraged. I don’t get it. It is strange. Some employees won’t admit if they even down to our cafeteria for coffee. And others have asked me to "cover for them" if they have a doctor’s appointment. Am I legally entitled to a break?

A: It sounds like you work in a challenging and demanding environment. Every organization has different cultural norms and practices. It sounds like your work environment is one where "face time" is important. Loosely defined, "face time" is when face-to-face interaction occurs. "Face time" not always an indicator of productivity or performance. In your situation, it sounds like you must show your face (and for many hours in the workday) in order for you to "count." I have worked in similar environments so I understand this dynamic. Sometimes in these environments, "face time" is viewed as all-important. Those who try to maintain some type of work balance are perceived as weak.

In my experience, these environments often lead to burnout and stress. Employees can often work in this type of environment for a period of time. Yet over the long-term, this type of work environment can be unhealthy.

Assuming you work in Massachusetts, you are entitled to a 30-minute meal break if you work more than six hours in a single shift. During your meal break, you should also be relieved of all work-related responsibilities and have the freedom to leave the premises. There are some industries like paper mills and letter press establishments that are exempt from this law but most industries are required to comply. Companies working in the financial services or investment services sector are required to comply with this law. If you choose to work through the meal break, you should be compensated for that time.

A 30-minute meal break sounds like a healthy and balanced way to re-charge the batteries. Even if others work through lunch, you should take the meal break to which you are entitled if choose to do so.

However, try to take your meal break when it is least disruptive to your colleagues. Nothing is more irritating than when you are working on a pressing deadline, you have finished your work and you approach your administrative assistant's desk only to find this person is off taking a lunch break. Sometimes it is helpful to understand the demands of the day before taking a lunch break. Is there a noon time deadline for a client? Is an important client coming in for lunch which may require you to take your lunch early or late? All of these questions can help prevent any "where were you when I needed you?" types of inquiries.

Q: I own a small business. We sell our consulting services to the financial services industry. This past winter we had some productivity challenges because of weather, especially snow. We probably lost five days of revenue because of snow and we felt that we needed to allow employees to leave early. I think we have developed a reasonable inclement weather policy now. However, my real question is this - how do I handle it when some of my consultants feel like they can bring their kids into work on snow days? Or on school holidays? It is becoming the norm to have kids run up and down the halls on these days. I am not sure how to approach this. I do want to run a family-friendly work environment but I can’t have kids and babies here in the office on a regular basis. How can I best handle this?

A: I applaud you for asking such a good question. This winter created havoc for a lot of my clients. Many employers struggle with balancing client demands with the challenges of being a flexible workplace.

I consulted Kathleen Greer, founder and president of KGA, a Human Resources firm that specializes in providing Employee Assistance Programs (EAP). Greer advised: "It is important to remember that flexible work arrangements always have to work for both employees and the company. Snow days can create big challenges for working parents, especially when there are no back-up plans in place. Each employee should have a plan in place. For some, a back-up care provider for sick and snow days may be researched through the company's EAP."

Many of my clients have instituted polices on adverse weather conditions. Some have developed broader policies on emergency closings (which include guidelines for employees regarding weather-related closings). This policy often includes how to find out if the company is closed for business or is expecting to close early because of an ominous forecast. In some cases, an important company-sponsored event may be canceled or postponed. With advances in technology, many of my clients also permit employees to work from home during a snowstorm when hazardous traveling conditions may exist.

Greer also offered the following advice: "For employees who are allowed to bring their children to work, there is a big difference between a child that will read quietly in a conference room, vs. a younger child who may be a bit disruptive. It is the parent's responsibility to be realistic of what will be expected of the child. For employees who must be in the office to do their jobs, a clear policy on bringing children to work is helpful."

It may be worthwhile to solicit input from your management team. How did it work this winter with children in the office? And perhaps more importantly, how did it not work with children in the office? Perhaps you could consider setting some limits on bringing children into the office if you institute such a policy? One policy might look like this:

On occasion, adverse weather conditions or other emergency conditions may cause employees to be concerned about safety in traveling to or from work, depending on the distance of travel, the hazards of travel, the availability of public transportation or a number of other factors. In such cases, employees will need to make judgments about whether to stay home or to leave work early after consultation with their supervisor. If necessary, the Company may close due to inclement weather. Employees should contact the office if there is a question. Please call 617-123-4567 for information related to office closures. There will be a recorded message providing employees with necessary information.

There may be an emergency situation, which necessitates closing our office for a portion of the workday. Inclement weather, power outages or the like may require us to close our office early or delay the start of the workday. If we are required to close, the Company will inform employees through our employee intranet and by leaving updated information on the telephone line provided above.

When a decision is made to close the office, all employees will be paid at their regular rate of pay for any scheduled work time that is missed.

With a supervisor's permission and depending upon the employee's role, some employees may be permitted to work at home for a portion of the workday because of inclement weather. We urge working parents/guardians to research back-up childcare options before such arrangements are needed. In emergency situations, we will allow parents/guardians to bring children into the office for one workday per calendar year if the child is 10 years old or older. Back-up childcare options can be researched through KGA, our EAP provider.

Q. I have a good friend who works as a construction supervisor. As part of his job he is required to drive from job site to job site during the day. His employer used to offer gas cards to all supervisors but recently revoked them as part of a cost cutting effort. Since he is no longer reimbursed for gas, is he entitled to reimbursement for mileage at the standard IRS rate? His employer says "No"; I'm wondering if there are any legal obligations?

Again, this is not mileage from his home to job sites (which I assume is just considered normal commuting) - it's mileage between job sites during the work day. Any insights on this would be much appreciated! Thank you.

A. Even with Skype, webinar tools, phone, and emails, there are still a number of jobs which require travel to multiple locations during the work day. As the price of gas continues to climb, we can expect more questions about what is considered business mileage, whether or not it will be reimbursed by employers, and at what rate.

Employers and employees are best served when details regarding important employment practices are in writing. Everyone needs to have visibility into what the employers practice is regarding business mileage, and how employees are treated when being asked to travel during the business day. For organizations where business mileage is a regular occurrence, or even a response to a business crisis, employees need to be knowledgeable about the appropriate compensation due.

Philip Gordon, President of The Massachusetts Employment Lawyers Association, an experienced employment attorney, and the Managing Partner of the Gordon Law Group, LLP, and Nancy Richards-Stower who won a verdict of approximately $500,000 in a wrongful termination suit for a returning Iraq veteran offered their expertise on this question.

“An employee required or directed to travel from one place to another after the beginning of or before the close of the work day shall be compensated for all travel time and shall be reimbursed for all transportation expenses. An employer's failure to compensate for all travel time and travel expenses amounts to a failure to pay wages. An employee who proves that his/her employer failed to pay wages, which in this scenario would be the unreimbursed travel expenses, is entitled to recover a mandatory award of treble damages (i.e., three times the amount of unreimbursed travel expenses in dispute), the costs of the litigation, and reasonable attorneys’ fees.”

In any employee/employer dispute, a thoughtful discussion is always the best place to start. If your friend is not being reimbursed for his travel expenses, he should bring this information to his employers’ attention. Perhaps his employer is not aware of the responsibility, and this new awareness will encourage a change in practice. If an employee believes he/she is owed travel expenses, prior to filing in court, a complaint must be filed with the Fair Labor Division of the Massachusetts Attorney General's Office. The Attorney General's Office will authorize you to file your claim with a court after 90 days has elapsed. A court claim must be filed within three years of the first instance of non-payment.

Q: Can an employer prevent me from taking the MA state law required 30 minute meal break at the end of the work day (i.e., 8:30-5 schedule - leave at 4:30)? Can they require the meal break to be on premises and if not, can they require I inform them I am leaving the premises?

A: In Massachusetts, employers are required to offer employees a 30-minute meal break after six consecutive hours of work in a single work day. Coffee breaks and other similar breaks are not required in Massachusetts. A meal break is typically unpaid. Employers can arrange an employee’s schedule to best meet the needs of the business (within reason). For example, retail stores often require employees to take their meal breaks according to a specific schedule during the day. Or else they lunch time shoppers might arrive to find a store without any sales help!

An employer can also allow employees to leave early in lieu of taking their meal break. An employer can allow this if it meets their business needs. Sometimes this is especially helpful to the employee because of childcare concerns or bus/train schedules. An employee can also voluntarily forfeit their meal break and work through the meal break if the employer agrees.

An employee taking a bonafide meal break must be relieved of all work-related responsibilities and must be permitted to leave the premises. Often times, I get asked, “Can I have Mary cover the phones during her lunch break? We can have them forwarded to the lunch room.” An employer can ask an employee to cover the phones but this does not count as Mary’s meal break. Mary must be offered another 30-minute time slot as her meal break. Mary also must have the freedom to leave the premises.

This law does not apply to certain industries in Massachusetts, including those employers in the iron, glass, print, bleach, dye, paper and letterpress industries. Also, the attorney general’s office in Massachusetts can grant waivers to factories or plants but rarely is such a waiver granted.

Employers can be liable for breaking this law. In Massachusetts, an employer can be fined from $300 to $600 per violation. If an employer is found liable, the employer also may face other financial costs like mandatory treble damages, the expenses involved in litigation as well as attorney’s fees. This law is enforced by the Massachusetts attorney general’s office. The following link provides more information about workplace rights in the state of Massachusetts. http://www.mass.gov/Cago/docs/Workplace/wagehourbrochure_final.pdf

Q: I am a small retailer in the central Massachusetts area. I am frightened that our medical rates will jump again in 2011. Is there anything I can do to prevent large increases? In the past, I have paid the whole premium for medical. I can no longer afford this. What are my options?

A: I have many clients who are anticipating medical rate increases in 2011. As an employer who pays 100% of the premium, you have many options to reduce costs and offset large increases.

First, I would recommend joining the Retailers Association of Massachusetts. The Retailer’s Association can provide retailers (both small and large) with valuable information, resources and access to discounted insurance programs, such as worker’s compensation. For more information about the Retailer’s Association of Massachusetts, visit www.retailersma.org or call (617) 523-1900.

You should also consult with a dedicated employee benefits broker to review your plan options, contribution strategy and funding options. Employee benefits and plan options have become complicated. A good broker can help you sort through the maze of options available. Most brokers do not charge for the service and your rates do not increase as the result of working with a broker. In fact, a broker can often find significant savings for your company in the course of your plan review. Most good brokers will review all of your health plan options including Healthcare Reimbursement Accounts and small group self-funded plans. A good healthcare consultant will also review your requirements under Massachusetts and federal healthcare reform and offer guidance on how to stay compliant. The Retailers Association of Massachusetts can recommend brokers and service providers who have in-depth knowledge of the retail industry and current best practices with respect to plan design and ways to control escalating costs.

Most of my clients no longer pay 100% of the medical premiums. Instead, many have required employees to share in the cost of many of the employee benefits, especially medical. Over the last several years, I have seen a shift where employees pay for a greater percentage of the costs. Many of my clients pay for 50-75% of the medical care costs while the employee pays for the remaining portion.

Employee communication is also important. Do you employees understand that you have been picking up the entire premium for their medical expenses? This is a practice that is almost unheard of in 2011. Most of my clients require some type of employee contribution for medical benefits.

Q: My employer gives us a 40 minute lunch break once per day. He deducts 40 minutes from our total number of hours worked for the day. We don’t get coffee breaks like I did in my last company. I live and work in Massachusetts. Is this even legal?

A: In Massachusetts, most employers are required to provide a 30-minute meal break to employees who work more than six hours in a single workday. This meal break does not have to be paid. Providing two 15-minute breaks is not considered the equivalent of a single 30-minute break. The meal break has to be 30 minutes or more. Many employers offer a lunch hour but that is not a legal requirement in Massachusetts. There are some industries that are exempt from this law (iron, glass, print, etc.). The attorney general can also grant waivers for some workplaces that would exempt the employer from requiring a 30-minute lunch break. Usually this would occur within a factory or an assembly plant. These waivers are rare.

An employer can allow an employee to work through this meal break if the employee chooses to do so and the employer agrees to this arrangement. During an employee’s lunch break, the employee should be permitted to leave the work location and also be relieved of all work responsibilities.

Massachusetts does not require employers to offer rest breaks other than the 30- minute lunch break described above. There are a handful of states that require rest breaks but Massachusetts is not one of them. There is no federal law which requires an employer to provide rest breaks. An employer can offer employees additional rest breaks during the day but I find this is to be a rarity now. Some bargaining agreements may require breaks during the work day.

It sounds like your employer is in compliance with the required lunch break law in Massachusetts. Employers can be liable for breaking this law. In Massachusetts, an employer can be fined from $300 to $600 per violation. If an employer is found liable, the employer also may face other financial costs like mandatory treble damages, the expenses involved in litigation as well as attorney’s fees. This law is enforced by the attorney general’s office. More information is available from the attorney general’s office. Attached is information related to workplace rights. http://www.mass.gov/Cago/docs/Workplace/wagehourbrochure_final.pdf

Q: If an individual who is entitled to severance pay later accepts a new position with another company, is he or she still eligible for severance pay? Or is the severance pay terminated?

A: The purpose of severance pay is to provide a terminated employee with some continuation of income after the employee is no longer employed. In Massachusetts, employers are not required to provide severance pay to most terminated employees. There are some exceptions however. Being a member of a union and/or having an employment agreement with a severance clause are two examples of situations where severance payments may be required. Another reason why employers offer a terminated employee severance pay is to limit the company's liability. Additionally, an employer might request that the employee leave the company in a professional manner and refrain from speaking negatively about the company. Often severance pay is given only if the exiting employee signs an agreement where the employee agrees not to sue their former employer.

Most employers determine their own severance policy. Policies can vary widely. Severance often varies depending upon the employee’s level within the company and their length of service with the company. Other factors can also be taken into consideration as well.

Some companies offer severance payments for a specific length of time. An example may be 12 weeks of severance. Another company might offer 8 weeks of severance and then if the former employee lands a comparable job during that severance period, the individual can collect the remaining weeks at 50% but in a lump sum payment.

In short, an individual must review the severance and/or separation agreement that was likely signed prior to leaving the the employer. This agreement should provide detail on the specifics of the "terms and conditions" of receiving severance. If in doubt, you could contact your former employer.

In my experience, most companies would terminate the severance pay if the terminated individual began a new role that was comparable to the former role that they held. However, some companies do offer the 50% lump sum payment too.

Over the past few years, there has been a bit of discussion with respect to severance and what constitutes a “comparable role.” In particular, what if the new role is a part-time position? Or a consulting role? Or a temporary role? Is that a comparable position to the full-time position that the employee had prior to being terminated? It is best to clarify how a comparable role is defined before signing any agreement.

Q: I was recently terminated and am unclear of the reason. In fact, when I asked why during my very abrupt termination meeting, I was told “we think it is best to part ways.” What does that mean? Am I eligible to collect unemployment? I have never had this happen to me before. How are reference checks usually handled when an employee is terminated? Signed, Confused.

A: I am sorry that you were recently terminated and are now confused as a result. I can not provide your employer's reasons on why you were terminated. I think only your employer can provide that information. It is unfortunate that you are not aware of the reason. Companies usually will provide this information but they are not required to provide a reason. In Massachusetts, and many other states, employment for most of us is “at-will.” What this means is that the employee can leave a position at any time and for any reason. And conversely, the employer can terminate the employment relationship for any reason or no reason at all.

Assuming you work in Massachusetts, you should have been provided information on how to collect unemployment assistance. I have attached a link to the information. http://www.mass.gov/Elwd/docs/dua/0590a_508.pdf. You can contact the Massachusetts Division of Unemployment Assistance (DUA) by phone or by visiting them in person. Before contacting them, you should have specific information ready and available to provide to them. This information is outlined in the link that I have shared. Usually most Massachusetts workers that are terminated are eligible for unemployment compensation benefits. However, the DUA makes the final decision with respect to eligibility.

Each employer handles references checks on former employees differently. You may want to contact your former employer to ask them about their specific policy. More and more companies are providing only a confirmation of the following: whether the former employee worked at this employer, the specific dates of employment and perhaps the job title(s) held by the former employee. Sometimes the former employer will provide more information. It is important for you to know this information before you begin your job search. You will want to learn this information so your explanation of your separation is plausible and understandable by a prospective employer.

Q. I work in the technology field. Our company president informed staff nationwide we would now be using our personal cell phones and not be provided company phones anymore. My understanding of the law was if your company required you to have and use a phone they had to provide it and pay for it. My California colleague agrees. Are we correct or misinformed?

A. Technology seems to go forward faster than company practices and policy, or some laws can get ahead of. I can venture guesses on why your firm has decided to go this route. How many people complained about having to check two numbers and two phones? How many people asked if they could have an iPhone or a Blackberry, or a Droid – whatever phone it was that was NOT the one chosen by the company? How many people were using their company phone as their personal phone? Did they reimburse the company for the minutes they may have used personally? Perhaps none of these were issues, but these are the concerns I hear from both employees and employers as they deal with business equipment and expenses.

I consulted Barry Miller, an employment attorney at Seyfarth Shaw, who specializes in providing advice to employers and defending employment-related claims. Attorney Miller explains, “The reimbursement of business expenses incurred by employees varies from state-to-state. A small number of states have adopted laws requiring that businesses compensate employees for, in California’s case, ‘all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer . . .’”

Miller continues, "Most states do not have such sweeping requirements and either have no laws requiring reimbursement of business expenses or have only very limited legislation. Massachusetts has no law requiring that employers reimburse employees for business expenses. However, regulations implementing the Massachusetts minimum wage law provide two specific circumstances in which employers must compensate employees for costs incurred relating to their jobs. First, an employer must reimburse an employee for ‘all transportation expenses’ when the employer requires the employee to travel during the work day. Second, an employer that requires employees to wear uniforms that require dry-cleaning, commercial laundering, or other special treatment must reimburse employees for the actual costs of those cleaning services, if those out-of-pocket costs have the effect of reducing the employee’s compensation below the minimum hourly rate of $8.00/hour.”

Surprisingly, aside from these two requirements, Massachusetts law leaves the reimbursement of business expenses to be governed by policies adopted by employers or to negotiations between employers and their employees. Most companies have expense policies and practices built from years of experience, and issues raised and resolved by employers and employees. Business expenses can range from travel, mileage, home internet access, home phones, or second phone lines, to who pays for cakes to celebrate staff birthdays.

The mutuality of business related activities and the costs incurred by an employee are most often at the heart of conversations about who pays for what. Employees are most concerned about new expenses for them, and employers are often concerned about picking up new expenses which do not relate to the business, or which an employee would already be paying for. Years ago, many employers paid for internet access for people working from home because it was not a “given” that a professional would have that available. Times changed, and many employers stopped paying for internet access as it became as expected as having a phone. Some firms choose to split these expenses recognizing that the employer and employee both benefit.

Discussions prior to incurring what you believe to be a company reimbursable expense should be had. No one wants to be surprised with a big bill, thinking some one else will be paying it. The same kinds of conversations should be had about what a company norm is. Is taking a client to lunch a $25 activity, or a $95 expense? Finding out what is within the realm of acceptable will prevent employee employer issues.

You may want to ask why the company decided to implement this new policy. It may actually work out in your favor. As new tools become available to use in our work, we will have to figure out who pays for what.

Q. I didn’t have the best relationship with my boss, but I did well on the job. I earned a bonus before I was terminated and it was not in my last check. I feel I am entitled to that money. Doesn’t my boss have to pay me that bonus?

A. Leaving a job is stressful, and leaving a job with money owed to you can add to that stress. Before you start thinking that your boss is trying to shortchange you, do your research. There are many ways to get paid by an employer - salary, commission, vacation pay, bonus, holiday pay are just a few. Though the dollars may all look alike in your pay check, they may be regulated by state or federal statute, individual contract, or corporate policy regarding if you will get paid and the time frame for that pay.

I see two concerns here. One concern is getting paid, and the second is when that pay should be yours. Some types of compensation are typically due to an employee in the last check. Final pay check laws vary by state, and in general you are entitled to receive owed vacation pay in your “final” paycheck. Other types of compensation might be paid within 30 days, or in the next regularly scheduled pay-day. Some company bonuses are paid similarly to commissions and paid only after the company is paid. Some bonuses are paid only if the person is still on the payroll at the end of the year. Understanding what type of “bonus” you have earned will help you determine what to expect, and what your former employer should expect as well.

Review any written plans you have from your company which provide information about how the bonus is described, and how it is paid out. If you don’t have anything in writing, you can call or email human resources to ask about payroll’s plans to release the money to you, and when they anticipate making that happen. If that option is not available, you may need to contact your manager or a more senior person to determine what the company plans to do. If they plan to pay, and the method follows the same method that was previously used to pay you, all may be good. If not, there are other avenues.

I consulted with David Conforto, managing partner of Conforto Law Group, a boutique Boston law firm specializing in employment law and committed to the representation of employees, who explained that terminology can be tricky. With the term bonus, “If the bonus can be definitely determined (i.e., no discretion on the employer's part) and is due and payable, the Wage Act will apply. An employer who fails to pay earned commissions may face liability under the Massachusetts Wage Act which explicitly defines the term "wages" to equal "commissions" where certain parameters are satisfied. The commission will be deemed "due and payable" where the employer has agreed to make payment by a certain date and "definitely determined" where the employer is required to calculate the commission according to a certain formula.”

Keeping track, in writing, of all agreements for compensation, and all formulas used will make it much easier to get paid when managers change, or when employment changes. Some plans change annually, but others can change as often as quarterly or more. Conforto goes on, “It will be difficult to gain protection under the Wage Act where the commission plan is not in writing or where the plan grants the employer discretion as to when the commission becomes due and how the commission is to be calculated. If the Wage Act does apply, you will be in a strong position to recover the commission owed to you.” If you ultimately prevail, the employer must pay three times the amount of the commission in question, and you can also recover the reasonable attorneys' fees and costs that you were required to pay in litigation. This provides a significant incentive for an employer to avoid litigation and make good on the commission that an employee is owed.

If your former employer does not agree to pay, complaints for unpaid commissions must be filed with the Fair Labor Division of the Massachusetts Office of the Attorney General.

Q: How many days can you be absent from work before your employer can request a doctor’s note?

A: Your employer has some discretion with developing their own internal policy on when they can request a doctor’s note to explain an employee’s absence. At this time, there is no federal or state law that details a specific number of days that an employee can be absent from work before an employer may lawfully request a doctor’s note.

According to Attorney Jeffrey A. Dretler, Partner of the Employment Law Group of Prince Lobel Glovsky & Tye LLP, there are “federal and state laws which provide guidance on the circumstances and manner in which an employer may request medical documentation from an employee.”

If an employee is requesting a leave of absence under the federal Family and Medical Leave Act (FMLA) due to her own or a family member’s serious health condition, a medical certification from the employee’s health care provider may be required by the employer (regardless of the anticipated length of the leave). Dretler also adds:

Recent amendments to the FMLA regulations (effective January 2009) limit the scope of the request to the information required on the health care certification form; provide that any direct contact between the employer and the employee’s health care provider be made by a human resources or other administrative person and not the employee’s direct supervisor; and limit the frequency with which an employer may request updated information. An employee seeking a leave of absence, modified job duties or other ‘reasonable accommodation’ under Massachusetts or federal handicap discrimination laws (Chapter 151B or the Americans with Disabilities Act) may also be required to submit medical documentation which substantiates the need for the accommodation. Further, employees may be required to submit medical documentation to obtain clearance to return to work after a leave of absence of any length (i.e., fitness for duty exams or documentation).

An employee using sick time from a PTO bank or from their sick time accrued, may still be subject to the employer’s own policies and procedures regarding the need for a doctor’s note. An employer should limit its request to only that information reasonably necessary to address the situation at hand. Employers should also be careful to request these notes on a uniform basis. Employers need to ensure that they are applying the policy in a non-discriminatory way (e.g., asking women for doctor’s note consistently but only requiring a doctor’s notes from men on occasion.)

Q: I have always been encouraged to vote by past employers. I recently accepted a new job in early September. I left work about 45 minutes early to vote in the September primaries in my hometown polling location. Since I moved over the summer, it was the first time I voted at this location so I was unsure of exactly how to get there. When I arrived at work the next day, I was “spoken” to about leaving early the day before. Shouldn’t citizens be allowed a little slack to vote? Is there any law that covers this? I have never had this problem in the past. My manager is not very aware of US laws.

A: Wow. I am sorry that this happened to you. All voters should be permitted to vote in both primaries and regular elections.

If you just accepted your new role and began work in September, you are probably still learning about the company culture, expectations and even your manager’s work style. You don’t provide this information but I am hoping that you notified your manager before you left early and didn’t simple “close up shop” and leave for the day.

In fact, you are correct in your assumption that employees should be permitted to take time off from work to vote. Under Massachusetts law, an employer must give an employee up to two hours off to vote in an election – either a primary or general election. The employer does not have to pay the employee for any time taken off for the purpose of voting.

Although not explicitly required within the Massachusetts law, I think one way of demonstrating a high level of professionalism would be to make this request in advance of the primary date. Perhaps in an email or person-to-person exchange may have been the best way to request this time off from your manager. One approach: “Tom, I want to vote on Tuesday. Would you prefer that I vote in the morning and arrive a few minutes past 9am, or would you prefer that I leave a bit early to vote on my way home?”

Most managers would understand the need to allow some extra time for traveling to a new polling location or a perhaps a particularly long commute to a polling location. Supervisors and managers still have to oversee the operational functioning of their departments and/or areas of responsibility on election days. Your manager may have had to balance several requests of this nature. However, the law is clear -- all voters should be allowed time off to vote.

Q: I am a senior manager supervising a group of IT engineers. My company is small with some, but very limited, plans for growth. The growth is projected in 2012. I worry about retaining these employees. They are all smart, eager and are looking for advancement. There are very few rungs above their current positions. We are doing ok financially but don't have tons of money to spend. Any suggestions? I have never seen a question like this answered so I hope I get picked to receive an answer.

A: Attracting, retaining and even more importantly, engaging, information technology (IT) professionals has been a challenge for the last 20 years, especially in IT-rich hubs like the Boston area. Here are some tips on how to best engage your best employees:

- Compensation. Pay is important but it is not the only factor. For employees to be engaged, their pay must be fair and reasonable. Without a fair and competitive, compensation system, engaging employees is even more challenging.

- Career Development. Employers often struggle with the concept of career development, especially in entrepreneurial companies. Many companies offer a range of training opportunities to their employees to keep them learning and keep their skills fresh. Tuition reimbursement, internal training programs and attendance at conferences and seminars are what we most often see being offered. We have a few clients who are offering "Training Accounts" to employees. Employee are able to access these accounts and use the funds for training of their choice (subject to a supervisor's approval).

- Career paths. It is difficult to offer a career path with as many steps as large corporations. A few of our clients are developing 4-5 levels that offer their employees some upward mobility. More of our clients are also rewarding those employees who move laterally – especially if they are adding value to a project or are learning a new skill. For those who have “maxed out,” additional training opportunities can be offered as well as compensating that senior-level individual to serve as a mentor to others.

- Work/life benefits. Particularly in technology companies, we are seeing clients use work/life benefits more fully as a way to compensate IT professionals. Some of our clients permit telecommuting on a specific day of the week for some roles. Some offers flexible work hours as long as “core” work hours are covered. Most of clients have moved to a business casual dress environment at least one day per week if not more.

Don Schiavone, Chief Operating Officer of Grasshopper Group in Needham, MA shares his experiences:

One of the things we have been successful at doing here is creating an environment that fosters leaders, not managers. What I mean by this is that we will often present our IT team with a business issue and challenge them with solving it. Our leadership team won’t tell them what to do or how to do it, but rather provides them with whatever resources they need to be successful. With this approach, you do not need to provide more and more ‘rungs’ in the corporate ladder to climb, which just do not exist in a small company. Instead, you create a culture of autonomous leadership that can pull your company into new directions using the innovative capabilities they will invariably develop.

Grasshopper Group is relying on much of the research that many of us know but sometimes ignore in our daily work lives. The joy of completing the task is what motivates many of us. It is the ultimate reward to face a complex business challenge, work creatively and passionately, and find a viable solution. Many of us humans are intrinsically motivated by other things than just money, a title or some other type of extrinsic reward.

Q: I had a baby in June, 2010. I work for a large employer in Massachusetts. I applied for and received a Family and Medical Leave Act leave of absence. Here is my concern though. I have 3 weeks of vacation to use every calendar year. If we do not use it in the calendar year, the company can take it away. (Is that even legal?) My bigger question though is I wanted to extend the paid portion of my leave and use my three weeks of vacation time. Seems reasonable since others are taking 2- 3 weeks off over the summer, right? I was told by HR that I could not use the full three weeks. I was told I could only use what I had "accrued but not used." This amounts to about 1.5 weeks. This doesn't seem fair. I see co-workers using a full week for all of February vacation. How could they have accrued that time by the second month of the year? I also see coworkers taking 2 weeks of vacation over the summer when they only have 3 weeks of vacation. I feel like I am being treated differently. What do you think? Thank you. I like this column.

A: First, congratulations on having your baby! Now, let's address your questions. Your first question asks whether or not it is legal for an employer to "take away" vacation time that you have earned, but not used, at of the end of a calendar year. I consulted Jeffrey A. Dretler, a partner in the Labor and Employment Practice at Prince, Lobel, Glovsky and Tye LLP. Dretler explains, "The answer is yes -- provided that your employer has given you prior notice of such policy and a reasonable opportunity to use the accumulated vacation time within the calendar year (or such other time as your employer may establish). The Massachusetts Attorney General's Fair Labor Division, which has authority to enforce the state's wage and hour laws, has declared that these kinds of policies, often called 'use it or lose it' policies, are acceptable variations of an accrual cap (capping the amount of vacation time an employee may earn) and can be used to eliminate or limit the amount of vacation time an employee may carryover from year to year."

The answer to your second question is a bit trickier though. And it largely depends on your employer's internal policies and practices. The federal Family and Medical Leave Act (FMLA) permits an employee to elect or an employer to require that an employee substitute paid leave, including but not limited to accrued but unused vacation time, for unpaid leave granted under the FMLA. An employer is not required to permit employees to borrow against vacation time that has not yet been accrued. However, as you shared, it seems like other employees are borrowing against their annual vacation allotments which is not that surprising since it is a relatively common practice.

Here is where it gets a bit tricky. Dretler continues, "Under the FMLA and the Massachusetts Maternity Leave Act (MMLA), among other laws, employers may not 'discriminate' against employees in the administration of their paid leave policies by, among other things, treating pregnancy-related disabilities differently that other temporary disabilities. Thus, if an employer permits employees on temporary leaves of absence for reasons other than pregnancy to borrow against future vacation time, the employer must make the same benefit available to employees on leave for pregnancy-related conditions."  In general, an employer could permit an employee, to borrow against vacation time to be accrued in the future (for example, to take a two week vacation in February), but disallow that practice in situations where an employee is on short-term or other type of disability leave provided that such practice is uniformly applied to employees on all types of disability leave, not just pregnancy-related disability leave. One reason that an employer may adopt such a practice is that it may perceive a greater risk that an employee who is away from work for an extended period of time (up to 12 weeks under the FMLA) is less likely to return to work after the leave of absence than is an employee who takes a short vacation.  You may be correct that you are being "treated differently," but it may or may not be unlawful. Dretler recommends asking the human resources department for a copy of any written company policy that addresses these issues in order to get a better understanding of your rights.

Most of my clients treat all employees uniformly with regard to vacation pay usage. In short, they allow the use of unused vacation time in advance. However, if the employee leaves the company before year-end, any used but not yet accrued vacation time will be deducted from the employee's final paycheck.  This practice reduces the concerns over fairness and consistency.   

Q. I like my job, and the company I work for, but they have been slow to come up with any raises, or even a bonus over the last two years. Before that, raises were not more than 3% a year, which isn’t going to make me any money any time soon. I have been looking for a new job, and I think I can get an offer that will pay more, but my job is still better. What do you think about trying to get an offer and then trying to get my company to counter offer so I get an increase and can still stay here?

A. That is quite the plan. I am impressed that you can evaluate your job in separate components of the salary and the work. Many organizations choose not to be the high payer in their industry if they are known to have better opportunities for professional growth, more cross training, or a better work environment. This might be the case for your employer, or they be bound by financial challenges posed by the economy in the last 3 years.

How compensation is set, how raises and bonuses are determined and whether counter offers are made are all part of a corporate culture.

Most people would like to be paid more, and part of that evaluation is identifying how much more money would make it worth your while to leave, lose seniority, and move into a new corporate culture you may not like as much as the one you are in. In this economy, placement and retained search professionals are reporting it may take up to a 30 percent increase for people to leave their current employers.

With all the lay offs over the last few years, few organizations offered annual increases, or bonuses; in fact many companies had staff take pay cuts. You didn’t say whether your company did provide raises to some people identified as key contributors, or if you had tried other methods to get a raise or bonus. Preparing to have these conversations within your current company can help you review your strengths and accomplishments which provides resume and interview data as well.

If you believe that another organization will pay you more for a very similar role, you should test that assumption with research. Hard data can make any discussion you have with your current employer, or with a potential employer more effective as you try to negotiate for more money. There are many online and networking resources available where you find accurate data on compensation information for specific roles in specific geographies. Arranging a formal meeting with your manager to review the current market rate for your role, and your value to the organization, the impact you make, with quantitative data is a good first step at review time, or at the end of a big project, or a financial quarter.

Counter offers are not without problems for both the organization making the counter offer, trying to retain a person who has made the decision to leave, and the person who has self identified as unhappy with some aspects of the job, and ready to move on.

First, if you do get an offer and come back to your employer with the information, they may wish you luck in your new role, leaving no room for continued conversation. Next, they may want you to stay, and ask why you didn’t approach them before you started looking outside the company. Your loyalty comes into question, and even if they decide they would like you to stay, you will most likely be seen as risky. Unless you are seen as a highly valued performer, you may get a counter offer designed to keep you for the short term, but your long term value and the company’s investment in you will most often be affected. If they had you in succession plans, you may no longer be involved.

The company that offers you a job may not be happy that you used their time and resources to gain leverage to get a counter offer from your current employer. Despite the common belief that by not divulging to the hiring company that you have accepted a counter offer that they company won’t find out, many do. In the age of LinkedIn, Google, etc. it’s very easy for hiring managers to track where you land. Therefore, it’s critical to proceed with caution since human resources professionals and hiring managers share information and you don’t want to impact your reputation negatively.

Most organizations that do make counter offers regret doing it, and say so right up front. Most people who decide to accept a counter offer and wind up leaving the organization more quickly than they anticipated – most often because the relationship to the company has changed. Evaluate your long and short term wants and needs. There may be a better strategy.

Q: I know someone who was laid off in January and has had no luck in getting a new position. He has been collecting unemployment. If he were to get a temp job then obviously he wouldn't be collecting unemployment. But what happens when the temp job is over? Wouldn't he be ineligible for any more unemployment payments then?

Taking temporary roles while unemployed can offer experience, an introduction to a company, the opportunity to learn new skills, and perhaps an advantage in a “temp-to-perm” hiring situation. What it also offers is great confusion about the impact on unemployment insurance benefits. To help sort out the issues around temping and get the answers to our questions I consulted with Judi L. Cicatiello, Director, for the MA Division of Unemployment Assistance.

All the details do matter when eligibility decisions are made, and Judi explains “You haven't indicated the potential duration of the temporary job and that can be important. When an individual files a claim for Unemployment Insurance benefits, the claim is generally good for a one-year period. In the example you referenced the claim would be good from January 2010 to January 2011 at which time it will expire. Assuming the claim has not expired at the point the temporary job ends, then the claim can be reactivated and the individual can resume receipt of any remaining benefits.”

There are other special circumstances that can affect eligibility, and Judi offers her expertise on two additional areas of which applicants need to be aware. Eligibility for benefits is always based on the reason for unemployment at the time benefits are claimed. “If this individual accepts temporary work and then quits or gets discharged prior to completion of the job, his eligibility would be subject to adjudication.” If you quit a temp job, regardless of the reason, you may no longer qualify for Unemployment Insurance benefits.

Jobs obtained through temporary agencies carry special provisions regarding unemployment which they are required to inform you about right up front. Judi explains, “Once you accept an assignment with a temp agency you are obligated to check with them for additional work upon completing each assignment before reactivating your Unemployment Insurance claim. By law, failure to contact them for additional assignments is considered "quitting" and can be disqualifying.”

Q. I am a radiation therapist. I was laid off and am looking for a full time job. I was offered per diems, and would like to take these as a way to get my foot in the door. What happens to my unemployment benefits?

Taking per diem work offers job seekers similar benefits to taking temp roles. According to Judi, unemployment allows for partial benefit to individuals who work part-time jobs after losing their primary employment or who obtain part-time or per diem work while receiving benefits.

Judi offers the following example. “Individuals can earn up to 1/3 of their weekly benefit amount and still receive the full benefit payment. Any earnings over the 1/3 limit result in a dollar-for-dollar reduction in the benefit payment for that week. For example: With a benefit amount of $300.00 per week an individual could earn up to $100.00 and still receive the full benefit. Earnings in excess of the $100.00 limit would result in a dollar-for-dollar reduction in the benefit payment for the week. If the individual in this example earned $300.00 in a week, the first $100.00 is ignored because it's under the limit but the remaining $200.00 in earnings over the limit results in a $200.00 reduction in the $300.00 benefit for the week and this individual would receive a benefit payment of $100.00.

When working on a per diem basis, the earnings will likely vary from week to week and the amount of the benefit received will also fluctuate if earnings exceed the 1/3 limit.”

Judi also offers information on extended benefits currently available. These benefits are payable after the expiration of the individual's benefit year provided the individual is not able to file a new claim. Individuals who accept temporary or part-time work during the benefit year may earn enough to be able to establish a new claim when the benefit year expires. Often the weekly benefit amount available on a claim based on temporary or part-time work is substantially less than the weekly benefit payable on the original claim. Federal law requires individuals to exhaust the benefits from their new claim before they can resume receipt of any extended benefits that may be available on their original claim. This can pose a financial burden on individuals who qualify for benefits on new claims because they accepted temporary or part-time work while receiving benefits.

Q. I think I am coming close to an offer. I have had two interviews, and they told me they will be checking my references, and then inviting me in for another meeting. Everyone tells me to be ready for an offer. What does that mean?

A. Congratulations may be in your future, and all the signs point that way, but that doesn’t mean your work is over. Being ready for an offer means making sure the hiring manager and organization have no obstacles to making the offer. It also means knowing what you want in an offer so that negotiation and your acceptance go smoothly.

You have selected references who want to support your job search and can speak highly about your skills, work ethic, and talents demonstrated when you worked together. Your references need to know what the job is, why you are the ideal candidate, the challenges you will face and all about the skills you have to address these challenges. If there are any issues or concerns the hiring organization has about you, prepare your references to address these as well. Do not let them be surprised. Your references should sound similar enough to show they are all speaking about the same person, but not so identical the content appears scripted.

Ask your references to contact you as soon as they have completed the reference conversation. They can provide you with information about the questions asked, areas of special interest in your skills, and you’ll want to know if there are any issues. If there are, you may be able to have your other references address them in their conversations.

Make sure to select and prepare your references every time they may be called, and ask for that return call. Excellent reference conversation can validate why an organization wants to make an offer, or raise concerns that might not have been there prior to the conversation. Certainly a written thank you is in order after all the support is provided.

Being ready for an offer also means you know what you want your offer to look like. Compensation packages are involved with many areas including salary, benefits, retirement contributions, flex hours, the opportunity to work virtually, vacation time, tuition reimbursement, child care and car allowances. Companies change compensation packages based on the role, the value to the organization, and the difficulty in making a successful recruit. You may change what you want in a compensation package based on where you are in life, and being able to prioritize what matters to you will help you create a win-win environment .

Knowing what you hope to receive in an offer allows you to be prepared for the offer discussion while your negotiation power is at its peak – when the offer is made. Being ready for an offer also means knowing about the corporate culture and what will most likely be acceptable regarding what you value most as part of your package. If your highest priority is a 4-day work week and working virtually for at least two of them, what are you willing to give up in exchange? Is this an organization who has done this before? If not, your chances of making your offer look like this are slim – unless you have skills that are in high demand.

Take a complete list of offer components, and prioritize what you need and want. Evaluate what you’ll be willing to let go of so that you can maximize the gain in the areas you rank most highly. When the offer comes, be appreciative. Thank you is the appropriate first response. Then listen to all that is offered – the details really matter here. Does it meet what you had hoped for? Is it in the right range? Is something vital missing? Increase your value by reminding them why the match between your skills and the position is ideal. Then ask if you can ask a question about the offer. Your question might be about the flexibility in the offer because you have just a few points you’d like to address. Be ready to discuss your top picks, in a very positive manner. Negotiations will move forward if handled professionally, and show that you are ready for an offer.

Q: I was terminated in March of 2010. I am not sure how COBRA works. Do I have to contact my former company's benefits office to enroll? How do I know if I am eligible? I hear the rates are horrible. How can an unemployed person pay COBRA if they don't have an income?

A: I am sorry that you were terminated and are confused about Consolidated Omnibus Budget Reconciliation Act (COBRA) and your benefits options. Most employers are required to offer COBRA to employees upon termination or resignation. There may be some exceptions. If an employee is terminated for "gross misconduct," then the former employee can be denied COBRA rights. Generally however, employees that were enrolled in an employer's plan(s) have specific rights to continue those benefits for both themselves and their qualified beneficiaries.

COBRA only applies to companies that employ 20 or more employees. In Massachusetts (and many other states), there are "Mini-COBRA" laws. Mini-COBRA provides the continuation of health benefits to employees of small businesses (2-19 employees). Mini-COBRA laws are similar to COBRA but there are variations between states. For more on Massachusetts Mini-COBRA laws, visit www.mass.gov/doi.

If your former employer is required to comply with COBRA and you are eligible for COBRA, you should have been mailed information regarding your COBRA rights. You should have had the opportunity to review the information carefully. If you wish to continue your benefits, you are required to take action. You may want to contact your former employer to ensure that they have your current mailing address.

The Department of Labor provides both a general overview of COBRA as well as Frequently Asked Questions (FAQs) on their website. COBRA is a bit tricky but it a worthwhile option for many. You can learn more by visiting http://www.dol.gov/dol/topic/health-plans/cobra.htm.

COBRA rates can be expensive. Your former employer can charge you 102% of the premiums. While you were actively employed, your employer may have been contributing a significant portion to the costs of your medical and/or dental benefits. Your former employer will likely discontinue their portion of contributions so the financial burden can become a challenge. You may want to evaluate other options if they are available to you. You may want to consider a spouse or partner's benefits plans at this time. These may be less expensive options than purchasing benefits through COBRA. Additionally, COBRA is a valuable benefit for many who have lost coverage, but it is temporary coverage. The maximum period of time that you may participate in COBRA benefits is usually 18 months. Extensions are available but certain conditions must be met.

You also may want to research The American Recovery and Reinvestment Act of 2009 (ARRA), as amended on March 2, 2010 by the Temporary Extension Act (TEA). In short, these Acts offer certain individuals a substantially reduced COBRA rate if the eligible employee was involuntarily terminated between September 1, 2008 and March 31, 2010. Certain conditions must be met for a former employee to be eligible. Your employer is required to provide information about the subsidy to you if you are an eligible individual. For more information, visit www.dol.gov/ebsa/cobra.html.

Q. I worked in a dentist's office as a hygienist for over 20 years until he retired. I am now in the process of looking for another job. I send out resumes but get no response. I think that when they look back at 20 years, they know that I was compensated well. I'm willing to take a big cut in salary just to get a job, but how do I put that in a resume? "Willing to negotiate salary" doesn't seem to be working. Thank you for any advice you can give me.

A. Many job seekers know from experience that sending out resumes is one of the least successful ways to get a job, yet it continues to be a significant part of the job search process. Getting you into conversations with people who can hire you or people who can get you to hiring managers is your new goal, and there are a few ways to get you started. Before you decide you need to give up compensation, let’s make sure your job search plan gives you the best chance to get a good response to your efforts.

It sounds like you may have chosen to wait to start the process until your former boss retired. Many job seekers wait until their current role is over before they start the search, and that can really hamper your chances of moving the search forward in a better time frame. In your case, can you ask the dentist to make calls to his professional colleagues to see if they have a need in their offices? Is there a web site or professional association where dentists connect to look for the staff they need? Where have your colleagues gone? You need to find the current and future openings, and then we can deal with your compensation.

For anyone currently employed, your job search should begin once you know you need or want to leave. You may have a 6 week notice, or you may be planning on making a change in 12 months. In both cases, you can put together a plan which involves targeting appropriate organizations or companies, people you know and you’d like to meet, the development of a compelling resume, posting that resume on job boards, a LinkedIn profile with recommendations, and a full list of the web sites that may have jobs in your area of expertise. Some of these recommendations may be new to you but consider learning these new tools your next step in professional development. Use a OneStop Career Center, or a library if you need support to learn to use these tools. It will be worth your time to take the initiative.

When you need to send a resume, you’ll want to include a great cover letter. The focus of the letter is a brief highlight of your skills, what you can offer the new organization, and here is where you let them know that “compensation is flexible, and I look forward to meeting with you to discuss the position in greater detail.”

Following the plan involves meeting with lots of people – developing a full network. In these meetings, after you are able to discuss the extent of your experience, you should identify the kinds of people you are trying to meet. These can be dentists in an office, or perhaps a specialty clinic, or introductions to dentists and other hygienists. In these conversations, your goal is to get an understanding of current compensation, and to let your network know that you are flexible in terms of your financial expectations. If your network is sending your resume, with your message about flexibility, you should be able to generate more meetings, and that’s where offers happen.

Q: As a small business owner, I feel like the costs of health care are going to bury me. Do you have any recommendations on ways to control costs but still offer a competitive option without irritating all of my employees? I don't need to offer the best plan out there but just something that is an option for most of my employees.

A: As health benefit costs increase, many employers are looking at alternative ways to offer competitive plans but better control costs. You are not alone. Many of our clients are considering many more options this year.

I consulted Damian Bonaventura, Principal of Northern Benefits of Massachusetts. Bonaventura works with many small- to mid-sized businesses within New England. Bonaventura offered this advice:

There are at least three ways to control health care costs while still providing quality coverage to attract and retain employees. The first and most common option is to offer a health reimbursement arrangement (HRA). The HRA is set up and funded by the employer to help employees pay for certain medical expenses such as deductibles and co-payments. HRAs often force employees to make better decisions about their health care and perhaps even explore lower cost services. An HRA can be paired with any health plan. Employers will often pair the HRA with a high deductible health plan (HDHP) resulting in lower premiums.

Another option is to establish health savings accounts (HSA) for your benefits-eligible employees. An HSA is an employee-owned bank account that can be funded by both the employee and the employer. Employers can help fund these accounts by using the savings incurred if a high deductible health plan is purchased. Unused funds roll over and accumulate year after year.

The third alternative is partial self-funding. Unlike community rated health plans, a partially self-funded plan uses the group's actual health status as the basis for the health plan rates. With partially self-funding, the employer finances the company's health plan, funding claim expenses up to a pre-determined amount. If actual expenses are less, the employer can retain the savings. If expenses are greater, there is a limit on your financial risk through stop-loss insurance protection.

Many small businesses are struggling with how to offer competitive plans while reigning in costs. A good benefits broker should work with you to help educate you on the many healthcare design options. A good broker should help you design a plan that meets your needs as well as the needs of your employees. Lastly, you should consider using your broker to also help communicate the plan design to your employees. Employees will often accept and embrace a new healthcare plan design if they fully understand the plan.

Q I am an 'employee at will' for my current employer. I was recently put on a Performance Improvement Plan that says that I need to meet certain requirements or "actions will be taken including termination of employment." I am working my hardest to achieve these items, but also need to plan for contingencies. If I am indeed terminated for not meeting the requirements, am I still eligible for unemployment and COBRA benefits?

A: Most of us are employees at will. What this means is that our employer can terminate us at any time or for any reason. Additionally an employer can change the terms and conditions of our employment for any reason, including our work hours, location, job responsibilities or benefits.

Although difficult to receive, a performance improvement plan (PIP) is often a sometimes a helpful communication vehicle. It signals that there is a performance concern. Additionally, a well-written PIP clarifies what requirements need to be met for continued employment. I am pleased to hear that you are working your hardest to meet the expectations outlined in your PIP.

I agree that a contingency plan is prudent. Most employers are required to offer COBRA for eligible workers and their dependents the right to continue health care coverage. COBRA only applies to employers with 20 or more employees. Some states, including Massachusetts, require smaller employers (those with 2-19 employees) to offer “Mini-COBRA.”

Health care coverage rates are generally more expensive for COBRA participants than the rates offered to active employees. In part, this is because the employer often pays part of the monthly premium for active employees and their dependents. COBRA participants are often charged the entire premium plus a small administrative fee. Even though COBRA rates can be expensive, the rates are often less expensive than individual health care coverage premiums.

For an employee to be eligible to extend benefits through COBRA, one of the following events often occurs:

1. Voluntary or involuntary termination of employment for reasons other than gross misconduct
2. Reduction in the number of hours of employment

In general, if you are terminated for not meeting a performance goal (and there is no “gross misconduct”), you should be eligible for benefits continuation through COBRA. You would be eligible for the benefits that you had before your termination. For example, if you had individual coverage for medical and dental, you should be offered individual coverage for the medical and dental benefits as an individual (the same benefits that you had when you were an active employee).

If you are terminated, you may be eligible for a reduced COBRA rate (or subsidy) under the American Recovery and Investment Act of 2009 (ARRA). Currently, the subsidy is only available to those involuntary terminated between September 1, 2008 and February 28, 2010. The US Department of Labor provides a lot of information on COBRA at http://www.dol.gov/dol/topic/health-plans/cobra.htm.

In Massachusetts, unemployment benefits are available to workers that are unemployed through no fault of their own. Recipients must be available to work, willing to work and looking for a new job. Unemployment is temporary income protection for those residents who have lost a job. Most individuals who are terminated for performance reasons are eligible for unemployment benefits. However, if your former employer is able to demonstrate that you were terminated because of misconduct of a violation of a company policy, you may be disqualified. Visit www.mass.gov/dua for more information about unemployment benefits in Massachusetts.

Q: I have resigned from my job (Boston) where I was covered through COBRA with my wife and son. I came back to India. Can my wife and son (living still in Boston) still continue that insurance with COBRA by paying for just two of them without my signature for their insurance to continue?

A: Your question concerns health care coverage, a subject that has been the subject of vigorous discussion on both the local and national levels for some time. In particular, your inquiry concerns the circumstances under which you and your dependents are eligible for continued health care coverage under the federal Consolidated Omnibus Budget Reconciliation Act, commonly referred to as COBRA. Pursuant to COBRA, an employee who is covered by an employer's group health care plan may continue such coverage for themselves, their spouses and/or their qualified beneficiaries for a certain period of time (usually 18 months, but can be longer under certain circumstances) provided that all qualifying conditions are met.

I consulted Jeffrey A. Dretler, Esq., a partner at Prince, Lobel, Glovsky and Tye. Dretler provided this information on your particular situation:

You have indicated that you resigned from your employment with a Boston-based employer and that you, your wife and son elected to continue participation in your employer's group health plan pursuant to COBRA. You have now moved to India, and are wondering whether your wife and son are eligible to continue their health care coverage pursuant to COBRA "without [your] signature for their insurance to continue."  Assuming that you, your wife and son satisfy all the requirements for continued health care coverage pursuant to COBRA, including that the applicable time period for continuation coverage under COBRA has not expired, the company continues to maintain a group health plan, the premiums are being paid in full on a timely basis, and they are not covered under another group health plan or eligible for Medicare, the sole fact that you moved to India would not impact the eligibility of your wife and son for continued health care coverage. In fact, your wife and son, assuming they are qualified beneficiaries as defined in COBRA, have an independent right to elect and continue health care coverage under COBRA even if you did not choose it for them or if you elect not to continue it for yourself. Thus, your unavailability to sign certain documents on behalf of your wife and son should not impact their eligibility for continued health care coverage under COBRA.

Additionally, your former employer's HR/Benefits office should have provided written information on COBRA and your rights. For more information about COBRA, visit www.dol.gov.

A. I am in a good job which I have had for the last five years.  I finished my MBA, and started looking about a year ago.  I really want the right next job, and have been working with recruiters, networking, and doing lots of research.  I am hoping you can provide me with some sage career advice.  I have been very interested in a specific company; they aren’t the market leader but they are a good firm.  I was able to get an interview, and was finally offered the role. I am now playing the negotiating game with them in regards to the compensation plan.  I have a number in mind that is almost 10% higher than what they are offering me and I am attempting to get one additional week of vacation. After speaking with the HR recruiter it appears they are not willing to budge off the initial offer, and she made it clear I was annoying to have even raised the issue.

Do you have any advice as to how I can negotiate my comp plan with people who seem unwilling to move off a number? Their excuse to me as to why they would not go higher was peer equity. She asked me how I would feel if I knew someone doing the same job as me was making $10K more. Does the recruiter think we all don’t know it happens all the time?

A.  Congratulations on getting the offer!   It sounds like you have been doing a great job in the job search process, and have a thoughtful approach regarding advancing your career.  Getting an advanced degree during the last few years will serve you well over the long term if it hasn’t started to pay off already.  Many job seekers report they have been waiting out at least the last 12 if not 24 months so that the market would change before they embarked on a job search.  Taking advantage of this time by going back to school and pushing to gather additional experience will help all job seekers as the market improves. 

The most effective negotiation begins before you even interview.  You had a compensation number in mind, and the amount of vacation time you hoped to be offered.  Hopefully, these goals were based on actual industry, market, and specific company research.  Company specific research can provide information about why they would be inclined to make you an offer.  Which skills do they need most?  What value do you bring that exceeds any other candidate?  Your goal is to help each person interviewing you see the added value you bring to the organization.  If you are working with a recruiter, make sure to debrief and gather information on what the company representatives like, and what they saw lacking and wanted to see more off.  Use this data!

If you are not working with a recruiter, make sure to note the areas managers highlighted.  You really need to push your value to the organization as you try to negotiate the financial part of your package.  You can start your negotiation discussion with human resources to negotiate, and I encourage you to talk directly to the hiring manager. The person, who wants you most, will most often show the most flexibility.  Make sure all these conversations are professional, and far from `annoying.

You might offer to meet halfway between their offer and what you want.  You can also consider a financial review at the 6 month mark.  Another strategy is to show how little per pay period the compensation difference is for them, and what a difference it makes to you. You might also tell them that small amount is the only thing standing between an acceptance and they will reap the value in less time than they anticipate. 

If this doesn’t work, you make the hard decision of whether to accept or not.  There needs to be a reason for you to leave the good job you are in, and advancement and compensation need to be prioritized every time you get an offer.

Q: I have an unusual question regarding how or if I should ask for my bonus. I work in the publishing industry and have in my contract a 30 percent bonus "at the president's discretion."  I also make a fairly high base salary in relation to my peers.

Like many industries, our company has had some cutbacks, but I've been very sucessful, being responsible for about 250 percent growth in the past two years. In 2008, no bonuses were given at all, despite my great year personally. I had another great year in 2009, but there has been no mention of bonuses.

I feel I'm entitled to this bonus, but am reticent to ask for it because I worry it may place unnecessary attention on my high base salary and could put me in jeopardy for cuts if they're needed later in the year. I really would like that bonus, but don't know what I should do...any advice?

A: First, my congratulations on a very successful year! It sounds like you have done a great job supporting the growth of the company. Especially since 2009 was a challenging year for many companies.

I talked to a compensation expert in the Boston area and we developed the following approach:

Begin, by dusting off your contract with the "30 oercent bonus at the president's discretion" and share it with the President as a reminder of this written commitment. At the same time, be prepared to show data that supports your case that you have been very successful. Cite specific revenue or sales attainments, customer success stories, costs savings or process improvements. The more specific you can be, the better. Sometimes you have to remind others of your achievements. Be certain to capture the whole year, not just those achievement that have occurred in the recent last few months.

You also say that you "make a fairly high base salary in relation to your peers." Perhaps that is because you have a higher level of skill, advanced experience or have been a consistently high performer. Your base salary is intended to be your rate of pay for the skills you have and the work you perform on a daily basis. Your bonus is intended to be variable compensation, and will vary from year to year based on company and individual performance. That being said, you should ask the President questions like:

- How did the company perform in 2009?
- Does the company performance combined with my performance warrant a 2009 bonus?

Consider asking these specific questions and based on the responses, determine whether your requests can be justified. Even if your company didn't meet 100 percent of its objectives, there may be a way that you could receive a partial bonus based on your success over the last year.

For 2010, you may want to think about how you can avoid this situation again. I would suggest presenting some goals to the President for 2010. These goals would be the basis for determining your bonus at the end of 2010. Document 3 to 5 goals or performance metrics that you plan to achieve in 2010; be specific - what will be achieved, when it will be achieved and how it will be achieved. At the end of 2010, attainment against these predetermined goals would be assessed and the bonus payout determined at that time. The intent is to avoid alot of the discretion at the end of the year and you can focus on meeting your 2010 goals.

Q: I work in the hotel industry as a Front Guest Service Manager and my boss and corporate are trying to add a department under me, which means more hours and no additional pay. Can they legally do this and what are my rights?

A: Most employees in the US are "at will" employees. What this means is that these employees are not members of a union or covered by a bargaining contract. In 2009, the Bureau of Labor Statistics estimated that 12.3% of all US workers were members of a union or covered by a collective bargaining agreement. Go here for more information about union membership data in the US workforce.

The answer to your question largely depends upon whether you are "at-will" or you are a member of a union or covered by a collective bargaining agreement.   Unions or individual employment contracts can provide some protection to employees around employment changes, including the concerns that you mention in your inquiry. If you are a member of a union, you may want to contact your union representative to ask about your options.

There are employment laws in place that provide both "at-will" and union employees. Some of these include Title VII, the Family and Medical Leave Act and the Americans with Disabilities Act. However, in most "at-will" employment situations, your employer can change or adjust roles and responsibilities and the employer is not violating the law.

Although I understand your concern about "more hours and no additional pay," this may be your initial perception. Perhaps there is some further shifting of responsibilities or staff that could alleviate the expected increase to your workload? Perhaps the changes would be dramatic at first, but then with time would not substantially increase your work hours? Or is this maybe a temporary measure to help your employer weather the current economic downturn? In short, you may want to consider giving it a chance before you assume the worse-case scenario. Sometimes job-related changes (especially increases in responsibility) can work to your advantage by broadening your skills and experience.  This may ultimately make you more marketable as you progress in your career. 

If your situation does become intolerable, you could also consider approaching your supervisor or a member of your company's Human Resources office to express your concerns. If you choose to take this route, spend some time preparing notes that outline your concern. Be professional and courteous. Think about alternatives and solutions rather than just complaining about the possible changes. You could also consider requesting a transfer into another role, department or division.

Many employers, including the travel and tourism industry, are struggling with how to maximize financial efficiencies while still trying to deliver superior customer service. This often translates into employees taking on additional tasks or areas of responsibility, especially in these challenging economic times.

Q. I was laid off 18 months ago from a job in the financial services industry, and have been looking for a full time position ever since. After months of looking, I took a contract position for 24-hours a week at a start up in a new industry and continued my job search. Part time seems to work for me even with the loss of almost half my paycheck; I have lots of flexibility, and can work from home or the office, which helps with child care issues. This summer I interviewed with a financial services company for a job a bit more junior to the one I had. The company said they liked me, but wanted to bring me in at a more senior level when that job opened up. I wasn’t even sure if I should believe that, and I continued my job search, and to contract. Well, the financial services company did mean it, and after five interviews, they offered me a full time position. So why am I confused about what I really want to do now and whether I should take the offer?

A. Congratulations are in order, no matter what you decide to do! Getting an offer is terrific, and finding a good contract also shows you have developed skills to sell yourself to hiring managers. You had a goal 18 months ago, and that was to replace what you lost – a full time job in an industry you knew. Being a resourceful and resilient person, when that goal couldn’t be met in the right timeframe, you added an interim goal – earn money! Many people have added that very same goal, and have found interim opportunities. Some of these opportunities have more to offer than others, and many job seekers are continuing to re-evaluate their initial career goals as the market changes as they gain new experiences.

As you look at where you are today, have your personal and career goals changed? You wanted secure work in the financial services sector. You wanted to replace your compensation. You had hoped to cut down your commute. At that time, those goals were so significant that you may not have thought much about alternatives, but when you were forced to rethink your situation; you came up with what you believed were short term goals, until your real goals started to work out. In the meantime your life and work experience changed. You have gained experience in a new industry whose outlook seems more promising to you. You find that you can cope with the loss of part of your income – which you were sure was not realistic, and the benefits of a flexible schedule seem to be better than you could have imagined. You are in the enviable position to have benefits through your spouse, and the loss of your retirement account, while significant, can be contributed to in other ways.

Now is the time to develop new goals, and test out a new reality. Some people look at their personal and professional goals on an annual basis. Others revise them based on life events, and still others see their goals after they meet them – or don’t. So after you develop these goals, evaluate the reality of your situation to see if what it offers can meet your goals.

How secure is your contract? How long do you anticipate the organization continuing to use your services? Do you anticipate a greater need for your services? Is there another way they might find to meet the responsibilities you currently cover? Job security is defined in many ways, and the more accurate information you have from your contract employer, the better. You may not want to turn down an offer without knowing what the longer term potential is for your contract. How long can you cope with the reduced income? In an accurate budget, have you forecast the number of months or years until something changes and your need for a greater income will materialize? Try to figure out what the circumstances would be that might make you regret either decision, and realistically assess the timeframe. The job outlook is improving slowly. Perhaps you are willing to take the risk that the contract offers you a more challenging future, and meets your current goals.

The options are here, and the choice is yours. Different people, based on their own personal goals and needs would most likely make different choices – all of them are right ones.

Q: My husband is drawing unemployment. He has gone to school to drive semi trucks, and has graduated and is now in training where he drives cross country with an instructor. He still does not officially have the job, and has to take another test to be hired. He is however being compensated for his training. Does he have to report this to the unemployment office?

A: Created by Congress in the 1930's, unemployment insurance is intended to provide a temporary income for eligible workers who have become unemployed through no fault of their own and who are looking for new jobs. The Massachusetts program is funded by Massachusetts employers through quarterly payments.

In your husband's situation, I had to confirm my understanding of wages while collecting unemployment benefits. I have assumed that your husband is a Massachusetts resident. I contacted Edward T. Malmborg, the Director of the Massachusetts Division of Unemployment Assistance (DUA). When I described your husband's specific situation to Malmborg, he stated "it sounds like wages and should be reported." Any type of income should be reported to the unemployment office and then they can make a determination. It is important to be candid with any and all earnings because the Massachusetts Department of Revenue (DOR) and the DUA are able to share data on earnings and unemployment compensation.

Q. To make ends meet, I work part time at a retail store. The store closes at one time, and the employees are all scheduled until half an hour later. We never end up being allowed to leave until half an hour (or later) after our scheduled time. Also, when we are told to punch out, we’re not allowed to leave the store until the bosses come down to let us out and check our bags for theft. This is often at least ten minutes or more of unpaid time. Obviously, 10 minutes isn’t going to make a big difference, but I feel that once I punch out, I’m on my own time, and should be free to go home, or should be paid to stay the extra time. Is this practice common and acceptable?

A. Time really is money, especially as employees are often running from one job to the next. Employees in many industries and positions are looking for clarity about what is paid time, and what is unpaid time. Many positions involve time that is considered "waiting time" - whether it is a truck driver waiting for a truck to be loaded, or your case where you are waiting to be cleared to leave.

Q: I just had a simple question. If a Manager asks an Employee to take their paid break, don't they have to take it? If yes, can I please have a copy of the law or regulation stating this. If no, can you explain to me why not. Thank you for your time.

Q. I was recently laid off, and I now have a huge pile of paperwork from human resources in front of me. I am overwhelmed I know I need to look for a job, but what are all these documents for, and do I have to deal with it all now? Do I need help?

A. Being laid off is stressful for many reasons, and you have identified one of the starting points. Some of the information you have been given is regulated by law, and other materials are needed to help you process your benefits information. These documents, though time consuming, and potentially confusing, will prove to be important for you in the near and long term.

Many people focus on information regarding severance first. You will want to take note of the day your lay off is considered effective, which may be different from your last day on the job. This is considered an added benefit by many people as everything stays the same - you are considered "whole" as an employee until the day the separation is effective.

Information regarding unemployment benefits is also available for your review. In Massachusetts, employers are required to provide the DUA booklet "How to File for Unemployment Insurance Benefits" (Form #590-A). To review the full spectrum of services visit http://http://www.mass.gov/?pageID=elwdhomepage&L=1&L0=Home&sid=Elwd. There are many other lookalike sites which are not associated with the state, and will try to collect your personal information. Be very clear about whose web site you are on.

If you had health insurance coverage through your former employer, you are allowed to continue that coverage. Your employer may pay a portion of the premium, or you may have to pay the full premium through COBRA. COBRA is a federal law that gives workers who lose their jobs the right to purchase group health coverage provided by their former employer at 100% of group rates (plus a small administrative fee) for up to 18 months.

Under the American Recovery and Reinvestment Act of 2009, some individuals who are eligible for continued health insurance coverage under the federal COBRA law, or the Massachusetts mini-COBRA law, may receive a subsidy for 65% of the costs of the health care premium. If eligible, instead of paying 100% of the premium, you pay only 35%, for up to nine months. Review this information carefully, to determine your eligibility. There are other health insurance options to research as well.

Review any offerings for career transition services or outplacement. These services are broader than most people imagine, ranging from targeting new opportunities, developing job search strategies, resume development and production, interview training, and access to currently available positions. Take advantage of the benefits provided at no cost to you.

Q: I was recently laid off from my sales job that paid me a salary plus commission. I was laid off toward the end of the month. The company does not want to pay me for sales that I made in the month I was laid off. The company would pay commissions the month following the month the sales were made. Should I still be paid for the sales I made in the month I was laid off?

Q: I own a small consulting firm. We are hiring an account executive to cover an employee’s leave of absence. The staffing firm quoted me a reasonable hourly rate for the regular work week. But they said we are required to pay time and one-half for hours worked over 40 in a single work week. The job is an exempt, professional position. It requires more than 10 years of industry experience and client management skills. I was under the impression that over 40 hours for an exempt position overtime was not required. Am I missing something here or is the staffing firm trying to make a quick buck off of me?

Q: My company is very shaky. The rumor is that we will file for bankruptcy in the summer or the fall due to lack of funding. I am very frightened about losing my job and my benefits. I think there are contract opportunities out there for me but I carry the benefits for my family. I know COBRA will be available but it is expensive. What are my options?

A: This is a difficult time for many venture-backed companies. Funding dollars are scarce and many company leaders are having difficulty securing additional rounds of venture capital.

Q. Please tell me about about employment policies and lunch breaks. I have found it necessary to pick up a part-time job as a way of getting by. I realize that because of the minimum number of hours I am scheduled and the fact that it is on weekend 1st shift, that a lot of benefits do not apply, however, the employee packet I received clearly states that we are to receive a 30 minute paid lunch break and two paid 15 minute breaks. In over a year, those breaks have not happened. Like other part-time employees, I tended not to question that, since the position is a security/receptionist and the desk is covered 24/7. Now management has changed the rules to where we are required to work an extra half hour per shift with no extra pay, making the lunch break "unpaid". I have not received an updated employee packet, and I continue to get no breaks. This means I am to work an extra half hour for no reason with no pay. What advice can you offer to show them the errors of their ways?

A. I have seen situations like this, and this might be explained by supervisory staff, management, and staff not communicating. By making sure all parties understand laws and policies, and how these actually work in practice, we can try to ensure a fair and positive work environment. If we assume that all parties are working in good faith, we might think that the supervisors were unaware of the breaks you are entitled to. Management is aware of the break policy, but may have been unaware that the breaks were not being offered or taken, and they are now changing the policy as a cost cutting measure.

Q. I am currently on medical leave from work. I was recently approved for short-term disability coverage. Up until this point, my workplace was compensating me by exhausting my vacation and sick time. I was under the assumption that once short-term disability was approved, my workplace would then stop compensating me through my accrued vacation time. Yet when I informed my workplace that I was approved for short-term disability, they said that they would still have to exhaust my vacation time until my return in addition to the short-term disability checks I am now receiving. Is this legal? I am now receiving 2 forms of income, short-term disability and my vacation time pay.

Q: I was recently hired by the school district in the town where I was a part- time librarian. I was surprised when I received my first 'teacher' paycheck as I was charged 50 cents for admin costs of writing the check (which is direct deposited). However, when I worked (and still sub) as a librarian for the same town - same type of check - same direct deposit - I am not charged the 50 cents. This does not seem right to me. Is this a)legal to charge someone money to write their paycheck and b) common.

Q. I recently traveled to the Middle East for work, and while there got food poisoning and had to go to the hospital. As a result, I had to pay significant out of pocket expenses because the hospital was "out of network" under my insurance plan.

Because this was a work trip, I thought this would be a workers compensation claim. My Human Resources Director said no, that I needed to pay it and the company wasn't liable. Who is right?

A. Organizations have a wide range of practices when it comes to business travel, and understanding these prior to travel is strongly recommended. Questions often arise about what is reimbursable, ownership of air miles, and even when travel starts and is completed.

Because this question involves workers compensation issues, which are legally bound, and not just a company policy or practice, I consulted with Attorney Josiah Black of Bello Black & Welsh LLP, a leading Labor and Employment law firm in Boston. Attorney Black found the question a good one.

Boston Globe Job Doc Elaine Varelas was recently a guest on NECN's Good Morning Live, where she talked about about what job seekers can do to get the best possible offer from a potential employer. To check out the video, click "full entry" below.

Q. I am an exempt employee. I record my work hours which are billed to a customer contract. Recently, a new department manager has instituted policies to reduce the amount of time charged to department overhead. These changes don't seem right to me. For example, we are no longer paid for attending section meetings, which are held monthly and generally include lunch. These hour-long meetings are mandatory (attendance is taken) and include discussions of department policies, news, and schedules. My manager says that because the company provides a free lunch, it doesn't have to pay us for our time at the meetings.

Can you provide feedback on whether or not these are reasonable policies?

Q. Overtime is not permitted, however, our workload is overwhelming. Is it legal to have an employee clock out and then go back to complete the task (without being paid overtime)?
Anonymous

A. It appears that you are referring to hourly employees who are not exempt from the overtime requirements under state and federal law. Employers are required to pay hourly nonexempt employees for all "time worked." There are many reasons overtime, as a matter of course, is not permitted at companies. A primary reason is the cost. Overtime costs companies one and a half times the regular hourly rate for all time worked that is over 40 hours in any work week. Most often companies do not want to offer time and half for the same work employees are doing for the first 40 hours of a work week.

Q. I had a job I didn’t like very much, and I was laid off, so it was OK. I have been collecting unemployment and looking to start a job at a place I liked. My old work called me back, and I declined because I will be starting a new job in 4 weeks. Can I still collect unemployment benefits until I start my new job?

A.While this question seemed pretty straight forward to me, I didn't find that to be the case. Unemployment determinations are made by The Division of Unemployment Assistance following the collection of information from the prior employer.

Understanding unemployment, starts as so many things do, with the concept of following the dollar. I consulted Edward T. Malmborg, Director, Division of Unemployment Assistance (DUA) to explain this situation. Mr. Malmborg explains: "It is important to understand that your former employer is ultimately responsible for the benefit costs associated with your claim and receives a monthly statement of charges from the Division of Unemployment Assistance. Your former employer will likely protest benefit charges for any period of time for which they were willing to provide you with work and your eligibility will need to be determined at that point."

Q. I am 100% commission sales person; I do receive benefits such as medical insurance, and taxes are taken out of my pay so I am a W2 employee, not a 1099. My company requires us to attend a weekly meeting that lasts from 1-3 hours. Am I entitled to compensation for that time?

A. Many companies make significant investments in training for their commissioned sales people. They provide marketing materials, technology, and in-house support staff, in addition to some type of regularly scheduled meetings designed to help make sales people more effective. You may not agree about the value of these meetings. You may be looking for a legal opinion, and the state and federal laws pertaining to the payment of wages are complex. I consulted Barry Miller, an employment attorney specializing in wage and hour matters at Seyfarth Shaw in Boston.

Attorney Miller explains, "An employer is not required to pay a properly classified sales employee for time spent at meetings. While most employees must be paid at least a certain minimum wage for all hours worked (and mandatory meetings would usually be considered "work"), there are a number of exceptions. Both state and federal law provide an exemption to minimum wage requirements for employees engaged in "outside sales."

Q. I am writing to inquire about employment policies and lunch breaks. In these difficult economic times, I have found it necessary to pick up a part-time job as a way of getting by. I realize that because of the minimum number of hours I am scheduled and the fact that it is on weekend 1st shift, that a lot of benefits do not apply, however, the employee
packet I received clearly states that we are to receive a 30 minute paid lunch break and two paid 15 minute breaks. In over a year, those breaks have not happened. Like other very part-time employees, I tended not to question that, since the position is a security/receptionist and the desk is covered 24/7.

What advice can you offer to show them the errors of their ways?

A: I commend you on creatively supplementing your income with a part-time job during a time of record unemployment.

I need to make an assumption that you are working in Massachusetts. In Massachusetts, there is a law requiring a meal break of at least 30 minutes for employees working more than six hours in a single calendar day. Additionally, the substitution of two fifteen minute breaks does not satisfy the law. The meal break may be unpaid (and often is unpaid) unless the employee is given work-related responsibilities during the break or is required to remain on the premises for the break. If the employee is given work-related responsibilities during the break or is required to remain on the premises, the break should be paid. A good example would be a receptionist who eats his/her lunch at the front desk while covering the telephones. An employee may voluntarily work through their meal period but should be paid for this time.

Q: I accepted a job, which is salaried, so I don't get paid for any overtime. I accepted the job (out of financial necessity) at a lower rate than I normally would have accepted. After a year of working there, my initial impression of being on salary is very different from what the reality is. If I have to leave a half-hour early or late I am docked, but I work about 3-7 hours of OT each week. If a meeting comes up before or after work, I am required to go, and it can take anywhere from 1 to 3 hours. I have addressed some of the issues with my manager, but have not received a response. Any suggestions for how to approach this at my annual review so that I can request a proper salary increase? Or perhaps some guidance for a more realistic view of being a salaried employee?

A: An annual review is an opportunity to reflect on your accomplishments during the past year and to set some mutually agreed upon goals for the coming year. If you showcase your contributions to the company, this should help you earn the highest raise that your company is now able to provide, and bring you closer to your desired salary level. Resist complaining the whole time about your salary and the lack of overtime. In fact, before you even mention your concerns, you need to understand a bit more about the two main types of salaried employees and the complex regulations that govern overtime.

Q. Can a company change my title and not inform me? I was recently given a title higher than the title I was hired with. I was not informed of it, never got a raise and after I was told I was given more responsibilities, nothing in writing from their part. Can I demand a raise? How should I go about this?

A. This is an unusual situation but not unheard of. Without knowing all the details, it sounds like a confusing series of events and circumstances.

Q. As a pharmacist in charge, I am responsible for the workings of the pharmacy as it is under my license, but I am not the manager of my work partner as we all report to an area supervisor, nor am I a manager of the store as there is a store manager. This is the background. I have 2 questions:

Also, working as a pharmacist, we are told we should be professional enough to find time for meals yet it is almost impossible to have lunch when someone always comes up to the counter. At other companies, they close the location to have lunch yet the company does not allow us to close as we are required to serve the customer. How can meals be taken when you are at the same time required to work? How does a person technically take a meal break by the 'rules'? What does a meal break mean? A person takes a break to eat something without being on duty?

A: These are two very good questions. Let me address the first question. It sounds like you are an hourly employee or what is called a non-exempt employee. This means that you are paid for exactly the time you work and only for that time. If your company asks you to attend offsite meetings, you should certainly be compensated for them, including travel time and time spent at the actual meeting. In addition, when the company asks you to travel to another destination that is not your primary work location, you should be compensated for mileage from your home to the offsite location and back home again.

Q. I want to leave my toxic job. I would like to give my notice on the last day of January and then give them two weeks. In order to reach the next level of vesting and to receive a payout for the company’s gain sharing plan, I have to work the first day of the next month which is my anniversary date. My question is this: If my manager decides she wants me to leave immediately without working the additional two weeks, can I be cheated out of the rewards owed to me?

A. I would refer you to your company’s Employee Handbook for the answer to this question. It should be clearly stated in the Handbook. If there is no Handbook, you might try to stop by the human resources department and ask what the policy is. If there is no written policy, then you are at the discretion of management and they can tell you to pack up and not return the next day, resulting in your losing a level of vesting and the payout for last year.

Q. I work as a pharmacist, and am required to take part in a group conference call meeting that occurs once or twice a month. These calls last from 30 to 60 minutes. If I am working, filling prescriptions and dealing with customers, I am required to take the call while continuing to multitask. If the calls occur on my days off, I am still required to attend. Should I be compensated for these mandatory meetings when they occur on my day off?

A. Time is money as the saying goes, but not always. Many people question when they should be compensated, and it is okay to ask a human resources representative at your company to answer that question, and to explain the logic, or laws behind that answer. How you ask the question - really any questions about compensation - matters. It shouldn't be threatening, just ask for a clarification so everybody understands how things work. Human resources people and managers can't be aggravated by people trying to understand how they are paid. It is a reasonable question - regardless of the answer.