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Q&A

Can volunteerism be part of job review criteria?

07/10/2012
Q. Our evaluation process includes commitment to the community. We give all employees “points” for volunteering. The points become part of their numerical rating and could affect their rating (satisfactory or unsatisfactory) and raise potential. We don’t pay for volunteering time. Are we violating the law?

Can employee who resigned collect unemployment?

07/03/2012
Q. Is an employee who resigns entitled to receive unemployment compensation under Texas law?

Does Texas have any unusual protected classes?

07/03/2012
Q. Other than race, ethnicity, national origin, religion, sex, age and disability, are there any other protected classifications under Texas law that might limit an employer’s right to terminate an at-will worker employed?

How should we pay for fluctuating workweek?

06/28/2012
Q. Our employees work irregular schedules. They may work for two weeks and then be off for three. Can we pay them every two weeks based on their average yearly income and, if they work more, pay them at an hourly rate?

What are the perils of inconsistent comp time?

06/28/2012
Q. Our employee manual doesn’t address compen­satory time off, but we have offered certain exempt managers an hour of comp time for every hour of overtime worked. Do we have to pay them for accrued comp time when we terminate them? In the past, we’ve paid comp time to some, but not to ­others. Can we negotiate our own terms with each employee?

Can we ban breastfeeding at work?

06/28/2012
Q. Can we legally prohibit female workers from breastfeeding at work?

Can we request applicants’ Facebook passwords?

06/25/2012
Q. We have heard that employers are increasingly screening applicants online, including by going to their Facebook pages. Can we require an applicant who has a private Facebook page to give us the password to that page?

How should we handle nonexempt pay for overnight, off-site meeting trips?

06/25/2012
Q. We sometimes require our hourly employees to commute from the office to a two-day meeting that includes company-sponsored social activities and an overnight stay. They then return to the office after meetings on the second day. How do we pay them for this time?

Can you explain California’s alphabet soup of paid family leave laws?

06/20/2012
Q. What are the differences between FMLA leave, CFRA leave and PFL?

How far must we go to accommodate employees’ unusual religious beliefs?

06/20/2012
Q. We have an employee who claims to be a witch. She contends that witchcraft is her religion and has asked for certain holidays off. Are we required to accommodate this employee’s request?