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Michael Fox

Is nicotine addiction a disability?

11/12/2015
Q. An employee says she must be allowed to take smoke breaks. She claims she is so addicted to nicotine that she has a disability, and that therefore I must accommodate her requirements. If I don’t allow her to take smoke breaks, can she sue me?

Do help desk staffers qualify for the FLSA’s computer professional exemption?

10/13/2015
Q. My company is switching to a new technology platform that will require many hours’ worth of IT support at the help desk level. The job must be done quickly, but we don’t have the resources to hire new staff. I’ve heard “computer people” are exempt from overtime requirements. Is that true?

How should I handle a reference request from a former employee who was less than stellar?

10/05/2015
Q. A former employee asked me to provide a reference to his new prospective employer. While he left the company on good terms, he had lateness problems, his performance was substandard and I was not fond of him. Am I required to act as his reference? Can he sue me for giving him a bad reference?

Am I allowed to institute a tip pool?

10/05/2015
Q. I manage a popular sports bar. May I institute a tip-pooling policy?

Can I allow interns to work for free?

09/09/2015
Q. A few local college students have expressed interest in interning at my dental office. I could really use their help filing papers, putting things on the computer and dealing with the patients. Can I utilize unpaid interns without breaking the law?

How should I accommodate breastfeeding at work?

09/09/2015
Q. An employees is about to return from maternity leave and wants to pump breast milk at work. She is asking for a room specifically designated for pumping, as she feels uncomfortable doing so in the bathroom or the office, and for several breaks during the day. Do I have to provide this accommodation?

What are the ‘off-the-clock work’ trouble spots?

07/30/2015
Q. Some of my employees have been griping that a portion of their job duties involves “off-the-clock” work. What are the rules regarding off-the-clock work, and what are some examples?

When can we search employees’ lockers?

07/29/2015
Q. An alarming amount of cash and inventory has gone missing from my retail store. I have also smelled odor of illegal drugs in the store. Am I authorized to search employees’ lockers for cash, inventory and drugs?

When workers drive company vehicles, must we pay for travel time?

07/29/2015
Q. My nonexempt employees drive company vans from their homes to customers’ homes throughout the day. Am I required to pay employees for time they spend driving to customers’ homes or sitting in traffic?

How should we respond to the Texas open-carry law that goes into effect next year?

07/29/2015
Q. I keep hearing about the new Texas open-carry law. Does this law apply to all offices? What steps should I take if the new legislation has a negative impact on my business?