If an employee’s FMLA medical certification is incomplete (required information is omitted) or insufficient (the information provided is vague, ambiguous or nonresponsive), an employer is now entitled to request additional information directly from the employee’s health care provider, subject to certain key limitations.

Q. We have an employee whom we have classified as exempt, but wants to be classified as nonexempt and earn overtime. Frankly, she’s become a pain about the whole thing. Can we just fire her?

Employers have to meet thresholds before they’re required to comply with most statutes. For example, the FMLA applies only to organizations that employ 50 or more employees within 75 miles. But smaller employers can effectively render themselves covered by the FMLA if they make certain representations about FMLA coverage to their employees. If they say the FMLA applies, then it does. That’s commonly referred to as coverage-by-estoppel.

Q. One of my employees has informed me that she is about to begin undergoing in vitro fertilization (IVF) treatments. She requested some intermittent time off from work. Am I required to grant her request?

Q. We provide a perfect-attendance bonus to any employee who is not absent or tardy during the calendar year. If an employee’s only missed time is for a medical leave of absence, does the FMLA require us to nevertheless provide the perfect-attendance bonus?

Q. An employee has asked me, as his direct supervisor, to provide him a recommendation on his LinkedIn page. He’s a good employee and I don’t see any harm in granting his request. Are there any risks?

When faced with an employee who may have a physical or mental disability, a manager's legal antenna should go up right away. The ADA requires employers to engage in an interactive dialog with employees to determine whether a disability can be accommodated. Do it wrong, and you're probably looking at a lawsuit. Here's how to handle the conversation.

Q. Under what circumstances can my business make deductions from an exempt employee’s weekly salary without putting the employee’s FLSA exemption in jeopardy?

Q. Are there any laws that prohibit me from charging my employees for their mandatory work uniforms?

Q. We are considering asking our employees to donate some time back to the company as a way to save costs and avoid having to lay off anyone. By “donate time” I mean working one or more hours per week without pay. Is this legal?

Q. A former employee just filed a lawsuit against my company. The potential dollar value of the claim is so small, I do not want to hire a lawyer. However, I do want to fight the claim. Can the company just represent itself in court without an attorney?

Q. Every summer, we hire youth lifeguards for our municipal pool. We hold training on Sunday evenings. A couple of applicants said they can’t attend that time for “religious reasons.” It’s not a conflict with a religious activity—only family time. If we deny them the job, are there any religious discrimination implications?

By now, nearly everyone in HR has heard of the Employee Free Choice Act (EFCA), under which unions would have a much easier time becoming certified. Because unions have become more aggressive and more successful at unionization even without the EFCA, I recommend that employers adopt the TEAM approach to keeping their workplaces union-free.

Q. We have an employee who has missed the last several days of work without notice. We also have a policy that says employees who miss three days without notice are deemed to have resigned and are terminated. Are there any legal risks associated with terminating this employee?

Q. Is there anything I can do to deter employees from stealing or damaging computers after a termination?

In today’s down economy, nearly every termination and layoff is fraught with risk. Layoffs are supposed to be blind on issues of race, sex, age, etc. But, if you are making these decisions in the dark, you are making a big mistake that could prove very costly. Before implementing a layoff, it’s crucial to review the demographics of who is staying and who is leaving.

Q. Do I have to grant employees access to their personnel files?

Q. When I check a prospective employee’s job references, more and more I find that prior employers are unwilling to give any information other than confirming dates of prior employment. It makes it really difficult to accurately screen job applicants. Isn’t there a law that protects an employer that provides a job reference?

Q. I know the ADA limits when and how an employer can ask medical questions of applicants or employees. If I require a pre-employment medical exam, can I require the applicant to pay for it?

Q. I know I can prohibit anyone, including employees, from bringing weapons into the workplace. Can I expand the same prohibition to the rest of my property, such as the parking lot?

Q. Some of our employees travel out of the country on business. We provide a per diem amount for meals, etc. Is there any requirement regarding when we must start the per diem clock ticking? For example, if someone leaves on a trip Friday afternoon and returns Monday morning, do we have to pay for four full days?

According to a recent survey, 22% of employees say they use some form of social networking five or more times per week, and 15% admit they access social media while at work for personal reasons. Yet, only 22% of companies have a formal policy that guides employees in how they can use social networking at work. Here are seven key questions to ask when drafting a social networking policy for your workplace.

Q. I’ve heard conflicting answers: Is it legal for our company to pay our hourly employees comp time instead of paying time-and-a-half for overtime worked?

Q. Some employees discovered that a co-worker has been secretly recording conversations with them and a supervisor. They’re complaining about the invasion of privacy. The company president’s first reaction was to have the employee arrested, but I’m not sure he broke any laws. Should we contact police?

Q. I own a construction company. We require all employees to wear a company shirt. If an employee does not wear a company shirt, he or she is assessed a $25 per day penalty, which is deducted from the next paycheck. Is this penalty legal?