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Results: 11-20 of 93

SOX extended to public corporation’s non-public subsidiary, despite claim arising before Dodd-Frank

Sherman & Howard LLC
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USA
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May 9 2011

In past newsletters, we've discussed how the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub

Applicant cannot be denied employment because head scarf worn for religious reasons conflicted with employer’s marketing

Sherman & Howard LLC
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USA
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September 1 2011

A retail store denied employment to a well-qualified applicant because she wore a head scarf, and the scarf was deemed inconsistent with the chain's prohibition of employees wearing "caps" and other head gear, as inconsistent with its "Look Policy."

California Court of Appeal rejects “statistical sampling” method of proving wage and hour violations

Sherman & Howard LLC
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USA
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March 1 2012

In a landmark decision, the California Court of Appeal has ruled that a trial court erred when it decided that a class of 260 employees with state wage and hour law claims could present their case of class-wide liability based on the evidence relating to two named plaintiffs and 19 randomly chosen so-called Representative Witness Group members ("RWGs"

Employer did not fail to make reasonable accommodation when it denied a “preferable” (but not required) daytime shift; employee’s retirement was responsible for breakdown of interactive process

Sherman & Howard LLC
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USA
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November 2 2011

The Fifth Circuit Court of Appeals ruled that the Americans with Disabilities Act does not require an employer to give an employee a daytime shift when such a shift is deemed by his doctors to be "preferable," but not required

No FMLA cause of action for supervisor’s alleged exacerbation of employee’s health condition

Sherman & Howard LLC
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USA
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November 2 2011

In a recent case under the Family and Medical Leave Act, Breneisen v. Motorola, Inc., No. 10-1982 (7th Cir. Sept. 2, 2011), the Seventh Circuit ruled that an employee could not recover damages from his employer under the FMLA for his supervisor's alleged harassment when the plaintiff returned from a leave of absence, when it then resulted in the exacerbation of his health condition, necessitating another leave of absence

"Severe obesity" deemed a per se disability

Sherman & Howard LLC
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USA
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January 3 2012

Being overweight is not necessarily an impairment qualifying as a "disability," under the ADA

Individual liability recognized in “cat’s paw” race discrimination cases under Section 1981

Sherman & Howard LLC
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USA
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July 9 2012

Last year, the U.S. Supreme Court formally recognized the so-called "cat's paw" theory of discrimination - that an employer is liable for unlawful discrimination if it takes any adverse action against a person based on a recommendation from a biased supervisor, even if the higher-ranking managers who make the decision on the action do so innocently

Retaliation protection does not cover employee’s complaints to management about co-workers’ sexual comments to his wife

Sherman & Howard LLC
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USA
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July 9 2012

In past newsletters we have discussed how an employer's adverse actions against an employee's spouse, family members or significant others can trigger retaliation liability

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

Sherman & Howard LLC
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USA
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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

Employer lawfully fires soon-to-be-covered employee who gives notice of need for upcoming FMLA leave

Sherman & Howard LLC
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USA
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March 5 2013

Timing is everything. If an employee has not yet been employed for the 12 months required by law in order to be eligible for Family & Medical Leave

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