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Results: 1-10 of 119

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


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


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


Employer's historic practice of across-the-board pay increases "if feasible" or "if sufficient funds existed" was not a condition of employment that had to be continued for union-represented employees
  • Sherman & Howard LLC
  • USA
  • January 3 2012

Under traditional labor law, an employer may not deny an established condition of employment to employees who vote for union representation, in an effort to punish such employees


Postal worker’s stated threat to kill boss not conclusive as to her race, sex and retaliation claims
  • Sherman & Howard LLC
  • USA
  • March 1 2012

Even the strongest business justification in the world for firing an employee may be unlawful, if the business justification is applied in a discriminatory manner


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 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


Prevailing employer in Colorado Wage Claim Act case may get attorney fees even if employee’s claim not “frivolous”
  • Sherman & Howard LLC
  • USA
  • November 3 2010

The Colorado Court of Appeals, on October 28, 2010, issued a favorable decision for employers regarding the conditions under which prevailing employers in wage claim cases may be awarded attorney fees


Employee allegedly fired for not having an abortion not protected by Virginia public policy
  • Sherman & Howard LLC
  • USA
  • July 9 2012

Most states have recognized the "public policy" wrongful discharge theory, providing relief to dismissed employees who otherwise would be deemed terminable at-will