Michael Fox

Q. We recently extended an employment offer to someone who was later determined to be unable to perform the essential functions of the position because of a visual impairment. As a result, we wasted a significant amount of time and missed the opportunity to hire other qualified individuals. Aren’t workers obligated under the ADA to disclose to an employer that they suffer from a disability?

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Q. We suspect some employees come to work drunk. Are workplace alcohol tests lawful under the ADA?

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Q. We suspect some employees come to work drunk. Are workplace alcohol tests lawful under the ADA?

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Q. All of our employees have Internet access at their workstations. We have heard rumors that several employees have been visiting pornographic and other inappropriate web sites, and displaying and disseminating objectionable material to others in the workplace. Even though we have not received a formal complaint, do we have an obligation to address this now? What steps can we take to avoid these problems?

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Q. Some of our employees have jobs that require some driving. Do we need to ask these employees for proof that they have driver’s licenses and insurance?

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Q. Without authorization, one of our employees worked extra hours this week, even though we told everyone they needed approval to work overtime. Are we required to pay overtime for the unauthorized hours?

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Q. One of our salaried supervisors has informed us that he needs to take two hours off work each week for the next two months to undergo medical treatment. His physician has certified his illness as a “serious health condition” under the FMLA. May we reduce his pay for the time he will miss work, or are we required to continue to pay his full salary to retain his exempt status under the Fair Labor Standards Act?

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Q. Lately we have been concerned about workplace theft—both of our property and that of our employees. We would like to search our employees’ lockers, each of which is secured with a worker’s own lock. Is this legal? Do we need the employees’ consent?

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Q. We recently received a court order to garnish the wages of an employee who has failed to repay a student loan. I thought that the garnishment of an employee’s wages in Texas was prohibited by law. Is that no longer true?

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Q. Do I have to allow an employee off work because he has been subpoenaed to testify in a friend’s divorce case? I would like to replace him if he misses work for more than a day or two.

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