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Results: 1-10 of 99

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

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

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

Tenth Circuit rules that ADA’s Title II does not reach employment discrimination

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

The Tenth Circuit Court of Appeals, which includes Colorado, recently ruled on an issue that appears destined to be decided by the U.S. Supreme Court - whether an employee of a state or local governmental unit can pursue employment discrimination claims under Title II of the Americans with Disabilities Act

Is it worthwhile to fight unemployment benefits claims? Another reason to just say no

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

Understandably, employers are upset when ex-employees fired for good cause - especially acts of misconduct - file unemployment compensation claims

Stress over business-related flying is not “disability”

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

Although the 2008 Americans with Disabilities Act Amendments broadened the coverage of the ADA by expanding the definition of "disability, some ADA plaintiffs' efforts to test the limits of the definition have been unsuccessful

Limited relief for nursing mothers under federal law

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

In 2010, one provision of the Patient Protection and Affordable Care Act amended the Fair Labor Standards Act, to require employers to provide a nursing mother "reasonable break time" to express breast milk in the one year period after the birth of her child

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

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

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • 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 directive that employee get unspecified “counseling” treated as unlawful “medical examination”

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

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