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Michael Fox

Are we liable for negligent hiring if employee had criminal conviction?

04/13/2015
Q. Recently, one of my employees accidentally injured a client while operating a forklift during work hours. The client is now threatening to sue me for negligent hiring of this employee, because the employee has a prior—and unrelated—conviction. Does this accusation have legal grounds?

What are the penalties for bounced paychecks?

04/06/2015
Q. What happens if I miss a payday or my employees’ paychecks bounce when they attempt to deposit or cash them?

What’s the law on how often to pay?

03/10/2015
Q. As a new small business owner, I am unsure of the laws governing wage payment. Are there rules concerning how often I must pay my employees?

Are employees allowed to picket my business?

03/10/2015
Q. A supervisor recently told me that some of my employees are planning to picket outside one of my businesses. Apparently, the picketers plan to block the building’s two exits with their vehicles in addition to picketing. Is this lawful?

Can I refuse to hire union members?

03/10/2015
Q. I am considering hiring an applicant to work at my steel refinery. The only problem is that he is affiliated with a local trade union, and I am doing everything I can to keep my business union-free. Can I refuse to hire him for this reason?

Performance nose-dives right after notice is given–is it OK to fire?

03/10/2015
Q. One of our employees gave us a two-week notice, and is now noticeably slacking off. Can we let him go before the two-week period is up?

Where in Texas do ‘ban the box’ laws apply?

02/10/2015
Q. I have been hearing a lot about “ban the box” laws lately—measures that limit when inquiry or investigation may be made into the criminal history of a job applicant. I am worried about how these laws could affect my business. To what extent has Texas adopted such policies, and could they endanger my company?

Can we require owner-employees of a business we’re buying to sign noncompete agreements?

02/10/2015
Q. My company is in the process of purchasing a small printing business, and we plan to retain several of the owner-employees of the acquired business. As a part of the purchase-and-sale agreement, we would like to take steps to protect our customer base by restricting the competitive activities of the owner-employees for five years. Additionally, we are interested in restricting the activities of an employee who is not a party to the transaction, but is married to one of the owners of the business. May we do so? What are some basics about noncompete agreements?

What are some resources for classifying employees and independent contractors?

01/05/2015
Q. I am assistant HR director for a small company that uses independent contractors as well as full- and part-time employees. In my role, I must ensure that these workers are accurately classified as either employees or contractors, and that my company fully complies with federal and state tax and labor laws. What is out there to assist me in accurately classifying the workers performing services for our firm?

What’s the federal youth minimum wage?

12/24/2014
Q. I am an employer that employs minors in certain occupations. Is there a federal youth minimum wage that I must pay my minor employees?