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Results: 1-10 of 99

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


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


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 the scope of protected “opposition” shrinking?
  • Sherman & Howard LLC
  • USA
  • May 1 2012

Section 704 of Title VII protects an employee from retaliation for "opposing" the employer's illegal discrimination or for "participating" in a proceeding raising a claim of discrimination banned by Title VII


How not to make a layoff decision look discriminatory
  • Sherman & Howard LLC
  • USA
  • March 3 2011

When employers are held liable for discrimination in a reduction in force, the liability is all too often the result of, not illegal bias, but rather, poor decision-making procedures, sloppy documentation and inattention to detail


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


Employer lawfully fires soon-to-be-covered employee who gives notice of need for upcoming FMLA leave
  • Sherman & Howard LLC
  • USA
  • March 5 2013

Timing is everything. If an employee has not yet been employed for the 12 months required by law in order to be eligible for Family & Medical Leave


MMPI was job-related and consistent with business necessity based on employee’s hostile conduct and independent psychologist’s recommendation
  • Sherman & Howard LLC
  • USA
  • July 9 2013

Proclaiming that "statutory interpretation requires judges to use a little common sense," the Eleventh Circuit Court of Appeals recently ruled that


Offer letter: whole show or just a preview?
  • Sherman & Howard LLC
  • USA
  • June 3 2013

Most of the time, employers don't intend offer letters to cover all the material subjects about the employment relationship. After an offer has been