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Michael Fox

Can we require overtime work?

10/02/2013
Q. When our business gets busy, is it legal for us to require our nonexempt employees to work overtime on occasion?

What are the rules for compensating nonexempts for overnight travel?

08/07/2013
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?

What are the rules for obtaining notice that an employee needs FMLA leave?

08/07/2013
Q. Can we require our employees to give us notice of when they need FMLA leave? Can we require that notice in writing?

Who pays for required work uniforms?

06/26/2013
Q. We are considering instituting a uniform policy at our workplace. We would like to require our employees to pay for their own uniforms. Is this legal? Could we also require employees to maintain their own uniforms?

Co-worker violence blamed on psychological disability: Can we ask for a medical certification?

06/03/2013
Q. An employee of ours accused a co-worker of threatening him with physical harm. When we confronted the accused employee, he attributed the behavior to his psychological disorder and to a recent change in his prescription. We would like to verify the em­­ployee’s claims. Are we permitted to ask the em­­ployee for medical certification of his disability and a doctor’s statement regarding his prescribed medications?

How should we determine if employees should be paid for time in training?

06/03/2013
Q. We send our hourly employees to training that is related to work but is not required for employees to do their jobs. The training is on a weekend, is voluntary, and no work is performed. Are we required to pay employees for the hours they spend attending the training?

Can unmarried couple both take FMLA leave for newborn?

05/01/2013
Q. A while ago two of our employees developed a romantic relationship. They are now expecting a baby and both put in a request for family leave to bond with their newborn. Are we required to give both workers leave for the birth of their child—even if they are not married?

Can the company ‘profit’ from the share of health premiums charged to employees?

05/01/2013
Q. After several large health insurance claims last year, our president decided to increase the premiums deducted from employees’ paychecks. However, the rate he has directed to be deducted is higher than the rate at which we are billed for the spouse and dependent coverage. Is it legal to make money off of the “premiums” we ask em­­ployees to pay?

What are the details on new FMLA changes?

04/03/2013
Q. Are we required to put up a new FMLA poster? Did the DOL recently make other FMLA changes we need to know about?

What are wage-and-hour implications of tracking time for telecommuters?

03/07/2013

Q. We recently started permitting two of our employees to telecommute on certain days of the week. We are concerned with tracking these employees’ hours. What are the wage-and-hour concerns we should be aware of for telecommuting employees?