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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


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


California Court of Appeal rejects “statistical sampling” method of proving wage and hour violations
  • Sherman & Howard LLC
  • USA
  • 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"


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 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."


No FMLA cause of action for supervisor’s alleged exacerbation of employee’s health condition
  • Sherman & Howard LLC
  • USA
  • 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


“Reverse discrimination” may be found when white supervisor was fired for violating “zero tolerance” policy, but black employees who violated policy were not
  • Sherman & Howard LLC
  • USA
  • September 1 2011

Although "reverse discrimination" claims are not often asserted, and when asserted, are seldom successful, the Eleventh Circuit Court of Appeals recently ruled that such a claim might be viable, when a white supervisor was fired for sending a "Top Ten Reasons Why There are No Black NASCAR Drivers" joke e-mail to others, but two black employees who forwarded a "How to Dance Like a White Guy" video to others were not dismissed


New NLRB "quickie election" procedures shelved for now... but curb your enthusiasm
  • Sherman & Howard LLC
  • USA
  • May 15 2012

The U.S. District Court for the District of Columbia entered an order yesterday, striking down as invalid and unenforceable the National Labor Relations Board’s new procedures for the processing of representation case petitions filed on or after April 30, 2012. Chamber of Commerce v. NLRB, No. 11-cv-2262 (D.D.C. May 14, 2012


EEOC says discrimination on basis of transgender status is prohibited by Title VII
  • Sherman & Howard LLC
  • USA
  • May 1 2012

The Equal Employment Opportunity Commission decided on April 20, 2012, that discrimination against a federal employee because of transgender status, or gender identity, is prohibited by Title VII