Theodore A. Olsen

Theodore A. Olsen

Sherman & Howard L.L.C.

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Latest Publications


Gov. Christie’s Cuts in N.J.’s Mandatory Public Pension Funding Found to be Legal

A recent study estimated that state public pension plans are underfunded by $4.7 trillion (yes, that’s a “T”). Ten states have plans in which less than 30-percent of benefit obligations are funded, and only three states have...more

7/21/2015 - Appropriations Bill NJ Supreme Court Pension Funds Pensions Public Pension State Budgets

Website Accessibility: Department of Justice’s Filings in Lawsuits Give Warnings

For many years, the U.S. Department of Justice, an enforcer of the accessibility provisions (Title III) of the Americans with Disabilities Act, applicable to public accommodations, has dragged its feet on promulgating...more

7/21/2015 - ADA Advanced Notice of Proposed Rulemaking (ANPRM) DOJ Public Accommodation Public Entities Title III Website Accessibility

It’s Never Too Late To Take Corrective Action On A Discrimination Claim

Have you ever thought to yourself when knee-deep in messy litigation, “Wow! If I could only roll back time and do things differently!”? Well, sometimes you can. A recent case illustrates this. In Reeves v. Tennessee Farmers...more

2/20/2014 - Discrimination Sex Discrimination

MMPI Was Job-Related and Consistent With Business Necessity Based on Employee’s Hostile Conduct and Independent Psychologist’s...

Proclaiming that "statutory interpretation requires judges to use a little common sense," the Eleventh Circuit Court of Appeals recently ruled that an employer lawfully required an employee to undergo a...more

7/12/2013 - Fitness for Duty Exams Mental Illness Safety Precautions

Is an Offer Letter the Whole Show or Just a Preview of Coming Attractions?

If an employer has the foresight to address all meaningful terms of the employment relationship in offer letters to candidates, the employer may be satisfied to rely on those offer letters as binding contracts. But most of...more

7/10/2013 - Career Development Contract Formation Job Descriptions Job Offers Offer Letters Signatures

Let the Seller Beware: Hospitals Treating HMO Patients Employed by the Federal Government are “Subcontractors” Governed by...

When a health plan/HMO ("Plan") provides group health coverage to employers, including the federal government, the hospitals that treat federal employees under a contract with the Plan are government "subcontractors" subject...more

5/6/2013 - Affirmative Action Health Plan Sponsors Hospitals OFCCP Subcontractors Subcontracts

“Cat’s Paw” Evidence Insufficient to Prove That Age was “But For” Cause of Employee’s Layoff

We have reported in past newsletters that, because the Age Discrimination in Employment Act is worded differently from Title VII and other discrimination laws, a plaintiff in an ADEA case must prove that age discrimination...more

3/13/2013 - ADEA Adverse Employment Action Age Discrimination Discrimination Hiring & Firing Layoffs

Employer Lawfully Fires Soon-to-be-Covered Employee Who Gives Notice of Need for Upcoming FMLA Leave

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 Act leave, is the employee protected from discharge for expressing her...more

3/11/2013 - FMLA Hiring & Firing Medical Leave Termination

Warning to Colorado Employers: FMLA-Expansion Bill Would be Costly and Burdensome

The Colorado Legislature is currently considering a number of bills that, if signed into law, would have a serious effect on most employers in the State. One bill that at first glance may appear to be fairly benign is House...more

3/7/2013 - FMLA Medical Leave

Disability Discrimination in Employment Claims Cannot be Raised Under ADA’s Title Regarding Public Services

Different sections of the Americans with Disabilities Act accomplish different ends. Title I addresses employment issues; Title II addresses participation in public services, programs, or activities; and Title III generally...more

3/7/2013 - ADA Disability Discrimination Discrimination Public Employees

No Overtime Pay Liability When Employee Fails to Report Exact Time Worked

A recent decision from the Tenth Circuit Court of Appeals instructs employers how they may avoid Fair Labor Standards Act overtime pay liability for overtime hours that are undeniably worked by an employee, when the employee...more

1/5/2013 - FLSA Over-Time Recordkeeping Requirements Wages

Employers and Employees May Contract To Arbitrate Non-Competes

The U.S. Supreme Court has weighed in again on employer-employee arbitration agreements, this time holding that disputes over the enforceability and enforcement of non-competition and confidentiality covenants in contracts...more

1/3/2013 - Arbitration Arbitration Agreements Federal Arbitration Act Nitro-Lift Technologies Non-Compete Agreements SCOTUS

Customer That Asks a Contractor to Send Another Employee Who Can Speak Clearer English May Become the Sole “Employer” Liable for...

The U.S. District Court for the District of Colorado has recently issued surprising case decisions, ruling that parties other than the direct employer of a plaintiff may be liable for discrimination. One of the decisions is...more


Sister Companies May Be a “Single Employer” Under Title VII

Businesses that have a common owner naturally bear some similarities. But such similarities normally are insufficient to make them a "single employer" under Title VII. However, EEOC v. Moreland Auto Group, LLLP, is a recent...more


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