Sherman & Howard L.L.C.

ADEA Safe Harbor Unsafe

In 1945, an employer and unions created a pension plan that provided equal pensions to all workers retiring at age 65 but capped the employer’s contributions. The result was that workers who joined the plan later in life, e.g…more

| Civil Rights, Labor & Employment Law, Finance & Banking

Northwestern Football Players Are Employees

In a decision that could affect every private collegiate athletic department in the county, the Regional Director of the Region 13 of the NLRB has found scholarship football players at Northwestern University to be employees. If…more

| Art, Entertainment, & Sports Law, Education, Labor & Employment Law

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

| Labor & Employment Law

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

| Civil Rights, Labor & Employment Law, Finance & Banking

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 of…more

| Labor & Employment Law

Don’t Forget Your Employees On Leave

Do you have an employee on long-term leave with a right to reinstatement? Is your business being acquired or bought out? Make sure you keep the employee in mind!…more

| Civil Rights, Labor & Employment Law, Mergers & Acquisitions, Military...

SOX Un-Boxed

Prepare for DOL whistleblower litigation. The Supreme Court has ruled on the scope of the Sarbanes-Oxley Act whistleblower provision. According to SCOTUS, SOX allows any employee to bring a whistleblower complaint, so long as…more

| Administrative Law, Civil Procedure, Commercial Law & Contracts, Labor &...

Workers May Choose Vacation or FMLA Leave

In 2007, Maria Escriba requested and received two weeks of vacation from her employer to travel to Guatemala to care for her ailing father. When Escriba did not return to work at the end of her leave, the employer discharged…more

| Labor & Employment Law

Grievance Process Killed Retaliation Claim

A recent decision on a Workers Compensation retaliation claim shows a hidden value for employer-union grievance processes. In Macon v. UPS, No. 12-3080 (10th Cir. February 19, 2014), the plaintiff claimed that when he returned…more

| Civil Rights, Labor & Employment Law, Worker’s Compensation

Upcoming Changes for Federal Contractors

In September 2013, the Office of Federal Contract Compliance Programs (OFCCP) implemented its regulation increasing the affirmative action requirements regarding individuals with disabilities for those federal contractors and…more

| Civil Rights, Labor & Employment Law, Government Contracting

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