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Q&A

Holiday pay: Must we pay employees extra for working during certain holidays?

12/07/2015
Q. We need some of our employees to work during the holidays. Are we required to pay them extra for those days?

What are the rules on employing tweens?

12/07/2015
Q. We hired a 17-year-old student, and now her 14-year-old brother is seeking employment with us. Are there any additional considerations for employing someone so young?

Question in Dallas: Can elected official claim ADA protection?

12/07/2015
Dallas District Attorney Susan Hawk, who admits she has a history of mental illness and drug abuse, checked herself into an inpatient treatment facility. Now, she maintains she is back on the job and fully capable of performing it. Not everyone agrees.

Are there any occasions when it would be appropriate to ask about applicant’s religion?

12/01/2015
Q. When, if ever, can our company legally ask an applicant about his or her religious affiliation?

Is it OK to impose a salary cap?

12/01/2015
Q. Many of our employees have reached the top of the current pay scale. We just instituted a salary cap. The only employees affected are those with many years of service and are well into their 50s and beyond. Some of the affected employees are angry and say this is age discrimination.

We think an employee is stealing money; can we deduct it from her wages?

11/24/2015
Q. I have noticed that a lot of inventory is leaving the store, but the money for some items is not in the cash register. I believe one of my employees is stealing money from the cash register. Can I deduct the cash shortfall from his wages?

Calling boss ‘Scrooge’ online: Protected?

11/13/2015

Q. An employee brought to the attention of his supervisor that a co-worker had posted a comment on social media saying that her supervisor is Scrooge, that the supervisor is probably planning to fire a bunch of people right before the holidays, and that everyone should complain about her unfair behavior so that the supervisor is the one who will get fired. The company has a social media policy that prohibits making disparaging comments about it or its employees. Can the company discipline the posting co-worker for these comments?

How do we calculate FMLA eligibility on rehire?

11/13/2015
Q. We have an employee who was employed with our company from May, 2010 until April, 2011. The employee was rehired in 2015 and worked approximately nine months. Has the employee satisfied the requirement of 12 months of employment despite the three-year gap in employment under the FMLA?

How much background check info can we divulge?

11/13/2015
Q. We terminated an employee’s employment because of a recent conviction. A state agency has asked for details about the reason for the termination. Under the Fair Credit Reporting Act, what can we share with the agency regarding details on background checks?

Can I make across-the-board pay deductions because one of my employees is stealing?

11/12/2015
Q. I believe at least one of my employees is stealing from the cash register, but I can’t prove which one. I’d like to deduct the register shortfalls from all of the employees. Can I force them to reimburse the company for the register shortfalls?