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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


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


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


Antitrust challenge to employers’ exchange of pay information continues
  • Sherman & Howard LLC
  • USA
  • 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


Discharge of church preschool director for living with boyfriend and raising child out of wedlock, is lawful
  • Sherman & Howard LLC
  • USA
  • January 3 2012

In a recent case before the California Court of Appeal, a church's dismissal of its preschool director - after she divorced, lived with her boyfriend in a sexual relationship, had a child out of wedlock, and then raised the child with the father in the same home - was found lawful


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


Agreements among employers not to poach others’ employees may result in antitrust liability
  • Sherman & Howard LLC
  • USA
  • May 1 2012

A federal court has decided that employees of seven well-known Northern California businesses may proceed with their federal antitrust law claims attacking their employers' alleged conspiracy to fix and suppress employee compensation and to restrict employee mobility


Re-seller beware: hospitals treating federal employees should expect the OFCCP
  • Sherman & Howard LLC
  • USA
  • April 5 2013

Hospitals that agree to provide services to the members of a health planHMO ("Plan") also become government contractors, when the Plan covers


Employers and employees may contract to arbitrate non-competes
  • Sherman & Howard LLC
  • USA
  • January 2 2013

The U.S. Supreme Court has weighed in again on employer-employee arbitration agreements, this time holding that disputes over the enforceability and


Employer lawfully fires soon-to-be-covered employee who gives notice of need for upcoming FMLA leave
  • Sherman & Howard LLC
  • USA
  • 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