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Employee’s hostile conduct was objective basis for personality test

Sherman & Howard LLC
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USA
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May 13 2013

An employer lawfully required an employee to undergo a psychiatricpsychological fitness-for-duty examination because of his obstreperous conduct

Let the seller beware: hospitals treating HMO patients employed by the federal government are “subcontractors” governed by affirmative action laws

Sherman & Howard LLC
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USA
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May 3 2013

When a health planHMO ("Plan") provides group health coverage to employers, including the federal government, the hospitals that treat federal

Warning to Colorado employers: FMLA-expansion bill would be costly and burdensome

Sherman & Howard LLC
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USA
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March 5 2013

The Colorado Legislature is currently considering a number of bills that, if signed into law, would have a serious effect on most employers in the

Lawfully fired employee may claim “chilled” exercise of FMLA rights despite receiving leave

Sherman & Howard LLC
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USA
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March 3 2011

Employers have the duty not to "interfere with" the exercise of any right under the Family and Medical Leave Act

Employer directive that employee get unspecified “counseling” treated as unlawful “medical examination”

Sherman & Howard LLC
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USA
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September 6 2012

Heaven help the misguided employer who instructs an employee to go for unspecified "counseling."

No invasion of privacy when employer fires EMT for posting derogatory comments about patient on a fellow employee’s Facebook page

Sherman & Howard LLC
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USA
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November 5 2012

When an employee posts derogatory comments about her employer or its patients on a fellow worker's Facebook page, the employee has no reasonable expectation of privacy and cannot complain of an invasion of privacy when she is fired because of the post and her defiant response to counseling about the post

Employer may have duty to accommodate a disabled employee in her commute

Sherman & Howard LLC
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USA
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September 1 2011

In a case that could make landmark law, the Second Circuit Court of Appeals recently ruled that an employer may, depending on the circumstances, be obligated to make reasonable accommodation for a disabled employee's commute to and from work

The declining value of non-disparagement provisions in separation agreements

Sherman & Howard LLC
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USA
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November 3 2010

When entering into settlements or release agreements with departing employees, some employers want to bargain "hard" for non-disparagement provisions

Antitrust challenge to employers’ exchange of pay information continues

Sherman & Howard LLC
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USA
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May 1 2012

In a case that has continued for more than five years, the U.S. District Court for the Eastern District of Michigan recently issued a decision regarding the exchange of detailed, non-public information about the compensation rates of nurses among Detroit-area hospitals

Employee not eligible for FMLA leave still protected by non-discrimination provisions

Sherman & Howard LLC
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USA
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September 6 2012

Many employers offer leave of absence benefits to employees that supplement leaves of absence provided by the Family and Medical Leave Act

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