Michael Fox

Q. We heard that the president recently took action on whether employees are permitted to discuss compensation. Are there any new requirements on employers with regard to these kinds of conversations?

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Q. One of our employees is complaining of “stress and anxiety.” Is that enough to put us on notice of a serious health condition under the FMLA?

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Q. We have several positions in our company that require financial discretion. May we perform background checks on applicants for these jobs?

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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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