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Michael Fox

How does the FLSA treat bonuses & overtime?

08/04/2009

Q. How do bonuses affect the overtime rate calculation under the Fair Labor Standards Act?

Progressive discipline and pregnancy: Can the process continue?

08/04/2009

Q. If an employee is already on probation when she becomes pregnant, can we continue progressive discipline measures, including possible discharge?

Just-departed worker owes us money: Can we dock (or withhold) his final paycheck?

07/08/2009

Q. One of my employees who recently quit has failed to pay back a personal charge he made on our corporate credit card. Can I simply deduct the amount of the charge from his last paycheck or withhold his final paycheck until he pays for the charge?

Under Texas law, do fired employees have a legal right to see their personnel files?

07/08/2009

Q. I recently fired an employee for performance problems. At the end of the termination meeting, he asked for a copy of his personnel file. Do I have to give discharged employees copies of their personnel files?

Are noncompete agreements legitimate in Texas?

06/01/2009

Q. Can noncompetition agreements be enforced against at-will employees in Texas?

Must we pay out unused vacation days when we fire employees or they quit?

06/01/2009

Q. Is an employer required to pay workers for their unused vacation days when they resign or are terminated?

How can we assess a worker’s alleged learning disability? Do we have to pay for it?

05/06/2009

Q. What kind of documentation can an employer request to verify a worker’s contention that he suffers from a learning disability that requires accommodation? Must we pay for the evaluation?

Can you provide a summary of the new Form I-9?

05/06/2009

Q. I recently heard that employers must now use a new I-9 form for new employees. Is this true?

What is the Employee Free Choice Act?

05/06/2009

Q. Can you give me a rundown on the “card check” law everyone is so afraid will transform labor-management relations?

How does an employee’s FMLA leave status affect how we conduct a layoff?

04/07/2009

Q. I am the HR manager of a company with about 350 employees. I have just learned that the company is eliminating one product line and, as a result, there will be a layoff in that department. One of the employees who would be laid off is on FMLA leave. How do I handle this situation? …