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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


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 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."


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


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


Colorado Supreme Court ruling resuscitates non-compete-type agreements with current employees
  • Sherman & Howard LLC
  • USA
  • July 11 2011

Colorado employers that wish to implement non-competition, non-disclosure and non-solicitation agreements with their incumbent employees have, until recently, faced an obstacle in the form of a 2009 Court of Appeals' decision stating that an at-will worker's continuation of employment was not sufficient consideration for such an agreement


Claims for unpaid wages and overtime pay lawfully waived by union in settlement not signed by employees and not approved by court
  • Sherman & Howard LLC
  • USA
  • September 6 2012

When employees file a grievance under their collective bargaining agreement regarding a complaint of not being paid overtime, as required by the Fair Labor Standards Act, the union negotiates a settlement of those claims with the employer, and the complaining employees cash their respective settlement checks, they are bound by the settlement and may not pursue an FLSA lawsuit to recover additional amounts


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


Let the seller beware: hospitals treating HMO patients employed by the federal government are “subcontractors” governed by affirmative action laws
  • Sherman & Howard LLC
  • USA
  • May 3 2013

When a health planHMO ("Plan") provides group health coverage to employers, including the federal government, the hospitals that treat federal