Bryan Stillwagon

Bryan Stillwagon

Sherman & Howard L.L.C.

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Tardy-From-Home

From the beginning, the employee had attendance and punctuality problems, and the problems didn’t improve even when the employer adjusted her schedule. After she was diagnosed with MS, the company approved intermittent FMLA...more

12/4/2014 - ADA Flexible Work Arrangements FMLA Hiring & Firing Poor Job Performance Reasonable Accommodation Termination

Court Sinks EEOC’s Broad Subpoena

Although the EEOC frequently attempts to expand its investigation of a charge far beyond a single complainant, some courts allow employers to defend against the agency’s broad subpoenas if the subpoenas are irrelevant to the...more

11/12/2014 - EEOC Federal Rules of Civil Procedure Subpoenas

Hairdresser Pushes on to ADA Trial

A hairdresser in a nursing home had restrictions on pushing and lifting after a hysterectomy. Previously, plaintiff pushed wheelchair-bound residents to and from the beauty shop two days a week. When plaintiff notified the...more

10/21/2014 - ADA Employer Liability Issues Nursing Homes Reasonable Accommodation

DOL Hits Restaurant for $800k for Illegal Tip Withholdings

The Department of Labor continued its roundup of restaurants supposedly skirting wage and hour laws, recently reaching a settlement with a Texas-based restaurant for $650k in back wages and $150k in penalties to be split...more

6/26/2014 - DOL Resorts & Restaurants Restaurant Industry Tips Wage and Hour Wages

Is Any Use of Medical Info Disparate Treatment?

If an employer administers a post-offer medical exam in accordance with the ADA and keeps the acquired medical information confidential in accordance with the ADA, may the employer then use the information without violating...more

6/19/2014 - ADA Disability Disability Discrimination Disparate Impact

Employer’s Accommodation Is Enough

A Dairy Queen appropriately accommodated an employee’s legal blindness, even though it imposed the accommodation unilaterally. In Bunn v. Khoury Enterprises, Inc., No. 13-2292 (7th Cir. May 28, 2014), the employer determined...more

6/3/2014 - ADA Disability Employee Rights Employer Liability Issues Employer Mandates Reasonable Accommodation

EEOC Targets Another “No-Fault” Attendance Policy

On Friday, the EEOC filed a lawsuit against AutoZone targeting the company’s “no fault” attendance policy because of its negative impact on disabled employees requesting accommodations. The suit, EEOC v. Autozone, Inc., No....more

5/14/2014 - Attendance Disability Disability Discrimination EEOC Reasonable Accommodation

I Need a Vacation, Doctor’s Orders

Having a chronic serious health condition doesn’t entitle an employee to take leave whenever he chooses. Even if the leave would be medically beneficial, it has to correspond to a period of incapacity. In Hurley v. Kent of...more

3/27/2014 - FMLA Healthcare Sick Leave Vacation Leave

Risky Business: TPAs as Employers under the ADA

Last week, in Brown v. Bank of America et al., No. 1:13-cv-00367-JAW (D. Me. March 7, 2013), a federal district court in Maine refused to dismiss a Bank employee’s disability discrimination claims against a third party...more

3/14/2014 - ADA Disability Disability Discrimination TPAs

Dramatic Changes Ahead for Overtime Laws

On Thursday, President Obama will instruct the U.S. Department of Labor to revise its overtime regulations implementing the Fair Labor Standards Act. The President’s plan will force employers to pay more overtime to millions...more

3/13/2014 - Exempt-Employees FLSA Non-Exempt Employees Unpaid Overtime

Restaurant Managers in Hot Water

Business owners are often sued personally in FLSA suits, but a recent case shows there’s a significant risk for restaurant managers, as well. In Jang et al. v. Woo Lae Oak, Inc., et al., No. 12-cv-00782, 2013 WL 6577027 (N.D....more

12/20/2013 - FLSA Managers Minimum Wage Over-Time Restaurant Industry Wage and Hour

A WARNing for Related Entities

When are related entities part of one “employer” under the WARN Act? When they function as one employer. In Guippone v. BH S&B Holdings LLC et al., No. 12.183-cv, 2013 WL 6439354 (2nd Cir. Dec. 10, 2013), the 2nd Circuit...more

12/12/2013 - DOL Layoffs Notice Requirements WARN Act

In An Employee’s Shoes

How to avoid paying overtime and to evade pesky employment laws? Treat your workers as “independent contractors.” Print Problem solved. Or maybe not. An appellate court has reminded employers again about the costly...more

9/24/2013 - DOL Employee Rights Independent Contractors Misclassification Unpaid Overtime

13 Results
|
View per page
Page: of 1