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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


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


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


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


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


Minimum wage in Colorado increases
  • Sherman & Howard LLC
  • USA
  • January 3 2012

On January 1, 2012, the minimum wage in Colorado was increased to $7.64hour, based on changes in the state’s consumer price index


NLRB delays employee rights notice-posting rule again
  • Sherman & Howard LLC
  • USA
  • January 3 2012

In our last newsletter, we reported that the National Labor Relations Board ("NLRB" or "Board") had postponed the effective date of its new employee rights notice-posting rule from mid-November 2011 to January 31, 2012


Not retaliatory to fire a new hire because of her testimony in discrimination case at her previous place of employment, at the insistence of the accused
  • Sherman & Howard LLC
  • USA
  • January 3 2012

The firing of a new hire before she even started work, because another candidate being recruited by the employer insisted she not be employed there, due to her having testified against him in a sexual harassment case at a previous place of employment, was held not to be retaliatory under Title VII and the Arkansas Civil Rights Act


Making different severance benefit offers to dismissed employees may be unlawful discrimination
  • Sherman & Howard LLC
  • USA
  • May 1 2012

We repeatedly advise clients to adopt a severance pay plan setting forth the amounts of severance pay for departing employees, as well as the terms and conditions of such benefits, and to follow the plan consistently, rather than making different promises and offers of severance pay to different employees