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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


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


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


Tenth Circuit rules that ADA’s Title II does not reach employment discrimination
  • Sherman & Howard LLC
  • USA
  • November 5 2012

The Tenth Circuit Court of Appeals, which includes Colorado, recently ruled on an issue that appears destined to be decided by the U.S. Supreme Court - whether an employee of a state or local governmental unit can pursue employment discrimination claims under Title II of the Americans with Disabilities Act


Is an offer letter the whole show or just a preview of coming attractions?
  • Sherman & Howard LLC
  • USA
  • July 9 2013

If an employer has the foresight to address all meaningful terms of the employment relationship in offer letters to candidates, the employer may be


Individual liability recognized in “cat’s paw” race discrimination cases under Section 1981
  • Sherman & Howard LLC
  • USA
  • 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


1871 Civil Rights Act extended to ban sexual orientation discrimination by public employers
  • Sherman & Howard LLC
  • USA
  • July 9 2012

The longer that Congress fails to amend Title VII of the 1964 Civil Rights Act, to prohibit employment discrimination based on sexual orientation, the greater the propensity of courts to find that other existing federal and state laws ban such discrimination


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."


Idaho court extends public policy protection to constructive discharges
  • Sherman & Howard LLC
  • USA
  • November 2 2011

By now, most employers recognize the risk of a wrongful discharge claim arising from an employee's dismissal for a reason that violates state public policy - typically, a discharge for the employee's performance of a legal duty, the employee's exercise of a legal right, or an employee's refusal to perform an illegal act