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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


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


NLRB website now highlights rights of non-union employees
  • Sherman & Howard LLC
  • USA
  • July 9 2012

In the last newsletter, we reported on decisions of the U.S. District Courts for the Districts of South Carolina and District of Columbia, and the U.S. Court of Appeals for the District of Columbia, enjoining the National Labor Relations Board's new rule requiring employers to post notices of employee rights under the National Labor Relations Act in the workplace and electronically


“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


Antitrust attacks on “no-raiding” contracts and sharing of wage information
  • Sherman & Howard LLC
  • USA
  • November 3 2010

Clients frequently ask us for our legal opinions as to whether they may lawfully enter into no-raiding contracts, prohibiting them from hiring or soliciting other businesses' employees


Timing of employee discharge supports FMLA retaliation and interference claims
  • Sherman & Howard LLC
  • USA
  • November 2 2011

Most employers believe that an employee who is laid off for business reasons has no basis for a lawsuit