Michael Fox

Q. Under Texas law, if I have an employee returning from maternity leave, do I have to give her the same job hours as before her leave? The reason for the reduction in hours is due to sales being down.

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Q. One of our employees gave us a two-week notice because he found another job. However, now the employee is unmotivated and not focused on his work. Can we let him go before the two-week period is up?

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Q. In the wake of United States v. Windsor, we have extended a number of our employee benefits to same-sex married couples. Can you provide any guidance on the proper treatment of flexible spending account (FSA) expenses and health savings account (HSA) and dependent care assistance program (DCAP) contribution limits for same-sex married couples?

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Q. I am thinking about hiring someone, but would first like to check his Facebook, Twitter and other social media accounts to gain a more complete picture of the candidate. May I ask the applicant for log-in and password access to his accounts?

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Q. When our business gets busy, is it legal for us to require our nonexempt employees to work overtime on occasion?

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Q. Do we have any duties or obligations if we discharge employees who are in the United States on work visas?

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Q. Several of our employees will be required to travel to another state for a seminar. What’s the rule for compensating nonexempt employees who take overnight business trips?

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Q. Can we require our employees to give us notice of when they need FMLA leave? Can we require that notice in writing?

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Q. We are considering instituting a uniform policy at our workplace. We would like to require our employees to pay for their own uniforms. Is this legal? Could we also require employees to maintain their own uniforms?

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Q. An employee of ours accused a co-worker of threatening him with physical harm. When we confronted the accused employee, he attributed the behavior to his psychological disorder and to a recent change in his prescription. We would like to verify the em­­ployee’s claims. Are we permitted to ask the em­­ployee for medical certification of his disability and a doctor’s statement regarding his prescribed medications?

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