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Articles by Michael Fox
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.
Michael Fox
Q. We recently extended an employment offer to someone who was later determined to be unable to perform the job’s essential functions due to a visual impairment. As a result, we wasted a significant amount of time. Aren’t workers obligated under the ADA to disclose that they suffer from a disability?
The 5th Circuit Court of Appeals has dismissed a lawsuit brought by a worker who claimed she was fired in retaliation for taking intermittent FMLA leave. The court ruled that she was fired for the most defensible of all reasons: She treated a customer badly.
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Q. We recently hired a deaf employee who communicates exclusively by written notes. We are finding that this process is time-consuming and harms productivity. May we require the deaf worker and his supervisor to learn sign language? Can we terminate them if they refuse?
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Q. One of our employees recently violated a work rule by shouting at his supervisor. After the incident, the employee disclosed to the company for the first time that he had a mental disorder that he claims caused his conduct. Can we discipline him, or would that be disability discrimination?
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Q. We pay a bonus for not using accrued sick leave. Does that count when determining an employee’s regular rate of pay for overtime purposes?
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Q. The sexual harassment accusations brought against presidential candidate Herman Cain have been generating quite a bit of controversy in our office. What can we do to ensure that our employees do not use these conversations as the basis upon which to bring a sexual harassment claim?
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Q, My company tracks the hours of nonexempt employees using a time clock. In determining their wages, can we round up or down to the nearest five-minute increment?
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Q. I understand that the Fair Credit Reporting Act (FCRA) requires disclosure to and authorization from job applicants prior to obtaining consumer reports concerning these individuals. My company obtains criminal background records on all applicants. Are these records considered “consumer reports” under the FCRA?
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Q. May an employer compensate an employee for overtime work by awarding additional paid vacation time equal to the total accrued overtime?
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Q, We would like to institute a rule subjecting employees to discipline for clocking in late. Are we permitted to do this even though we round our employees’ time to the nearest quarter-hour?
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