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?
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?
Q. When our business gets busy, is it legal for us to require our nonexempt employees to work overtime on occasion?
Q. Do we have any duties or obligations if we discharge employees who are in the United States on work visas?
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?
Q. Can we require our employees to give us notice of when they need FMLA leave? Can we require that notice in writing?
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?
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?
Q. We send our hourly employees to training that is related to work but is not required for employees to do their jobs. The training is on a weekend, is voluntary, and no work is performed. Are we required to pay employees for the hours they spend attending the training?
Q. A while ago two of our employees developed a romantic relationship. They are now expecting a baby and both put in a request for family leave to bond with their newborn. Are we required to give both workers leave for the birth of their child—even if they are not married?