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Michael Fox
Q. Are we required to put up a new FMLA poster? Did the DOL recently make other FMLA changes we need to know about?
Q. We recently started permitting two of our employees to telecommute on certain days of the week. We are concerned with tracking these employees’ hours. What are the wage-and-hour concerns we should be aware of for telecommuting employees?
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Q. When our employees come in to work, they spend part of their time getting their equipment running. Do we need to compensate them for that time?
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Q. We recently disciplined one of our employees for a handbook violation. She has since alleged that she was the victim of harassment. We are now facing a retaliation claim from this employee. How should we respond to such retaliation complaints?
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Q. We have heard that the U.S. Department of Labor has issued a timekeeping app that allows employees to track their time on smartphones. Should we permit employees to use this in our workplace?
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Hourly employees’ use of smartphones (as well as online email access from remote locations) has boosted worker productivity. However, it has also substantially increased the risk of off-the-clock-work violations.
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Q. Our office received medical information from an employee’s physician in conjunction with his FMLA leave request. What’s the best way for us to maintain this kind of documentation?
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Q. One of our employees has asked to go on medical leave due to “stress.” Does stress qualify as a condition that requires leave?
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Q. One of our employees received a jury duty summons. What are our obligations towards the employee in terms of pay and leave?
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Q. We have recently needed to cut back on some of our employees’ shifts, meaning that some of our workers are now working fewer than 40 hours per week. In order to bring their hours up to 40, these workers have been filling their time sheets with varying amounts of their earned vacation. Are we permitted to restrict when our employees use their earned vacation?
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Ogletree Deakins P.C.
Austin, TX
www.OgletreeDeakins.com
Michael.Fox@OgletreeDeakins.com
(512) 344-4711
Michael W. Fox has 30 years of experience representing employers, has been Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization since 1980 and is a Fellow in the College of Labor and Employment Lawyers. He has been regularly listed in the Best Lawyers in America in Labor and Employment Law, as a Texas Monthly ’Super Lawyer’ in employment litigation. 
