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
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
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
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
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
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
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
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
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
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
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
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
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
11/13/2012
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
11/12/2012