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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


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


Employer may be liable under federal law for posting entries on employee's personal facebook page and twitter account - but what exactly is being protected?
  • Sherman & Howard LLC
  • USA
  • January 3 2012

Employers continue to grapple with the limits of their rights, if any, with regard to the personal social media of their employees


Demanding that ex-employee not use confidential business information may result in Title VII retaliation liability
  • Sherman & Howard LLC
  • USA
  • January 4 2011

Before sending a letter to an ex-employee demanding cessation of unauthorized disclosures of the company's confidential business information, an employer should consider various factors


Change of feedback is “direct” evidence of discrimination
  • Sherman & Howard LLC
  • USA
  • September 1 2011

Few modern employment discrimination cases involve "direct" evidence of discrimination, i.e., statements by the decision-maker that clearly show, without inference or interpretation, that the employment decision was based on unlawful bias


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


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


Property owners have no indemnification or other liability-shifting rights against consultants whose advice results in ADA Title III violations
  • Sherman & Howard LLC
  • USA
  • November 5 2012

Owners of "public accommodations" covered by Title III of the Americans with Disabilities Act, as well as public entities with facilities governed by Title II of the ADA, often rely on the advice of consultants for compliance with the ADA's accessibility requirements