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Results: 1-10 of 99

Demanding that ex-employee not use confidential business information may result in Title VII retaliation liability

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • January 4 2011

Before sending a letter to an ex-employee demanding cessation of unauthorized disclosures of the company's confidential business information, an employer should consider various factors

The declining value of non-disparagement provisions in separation agreements

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • November 3 2010

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

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

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • 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

Inaccurate information given in post-offer, pre-hire exam may not be basis for employee’s later discharge

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • September 1 2011

The Americans with Disabilities Act permits an employer to require an applicant to pass an employment entrance examination, if the applicant has received a conditional job offer, if the examination inquires into the ability of the applicant to perform job-related functions, if all such entering employees are required to undergo an examination, and if the information obtained is retained separate from other records and is treated as a confidential medical record

No overtime pay liability when employee fails to report exact time worked

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • January 2 2013

A recent decision from the Tenth Circuit Court of Appeals instructs employers how they may avoid Fair Labor Standards Act overtime pay liability for

Fragrance-free workplace policy & work at home may have been reasonable accommodations for employee with asthma and chemical sensitivity to “Japanese Cherry Blossom”

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • September 6 2012

A federal court in Ohio recently ruled that an employee with asthma and chemical sensitivity to perfumes and scented products could pursue an Americans with Disabilities Act claim against her employer for not reasonably accommodating her disability, despite the many (albeit delayed) accommodations offered by her employer

Employer’s intrusion into employee’s Facebook page may be invasion of privacy

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • July 9 2012

A federal district court in New Jersey recently addressed a question about which employers have long speculated, but had no answer, whether an employee can successfully assert an invasion of privacy tort claim against an employer that makes unauthorized access to the individual's Facebook account

Sister companies may be a “single employer” under Title VII

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • November 5 2012

Businesses that have a common owner naturally bear some similarities

Is the scope of protected “opposition” shrinking?

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • May 1 2012

Section 704 of Title VII protects an employee from retaliation for "opposing" the employer's illegal discrimination or for "participating" in a proceeding raising a claim of discrimination banned by Title VII

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

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • May 3 2013

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