You should be able to do this. However, it is best to contact your local Department of Labor office, or a local attorney specializing in this area to ensure that you are correct. Don t rely on the words of strangers on the internet. You can start your search for the Department of Labor here:http://www.dol.gov/
That depends on your state s labor laws and your contract with the employee state.Consult your state s Department of Labor to find out what you can legally do in this case.