Client Advisories

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• 2/1/2012 CoreScore to Supplement FICO: A New Consumer Score to be Used by Mortgage Lenders
• 1/24/2012 Pay-If-Paid or Pay-When-Paid: Which Provision Is In Your Contract?
• 1/19/2012 Responsible Governance Policies for Homeowner and Condominium Associations are a “Must” for the New Year: Are Your Governing Documents Up to Date?
• 1/3/2012 OFCCP INVITES COMMENTS ON PROPOSED RULE SETTING:
  Numerical affirmative action goal for federal contractors’ employment of disabled persons
• 1/3/2012 "Severe Obesity" Deemed a Per Se Disability
• 1/3/2012 Employer's Discriminatory Actions and Statements Gave Employee Reasonable Belief His Application for Promotion was "Futile"; Lack of Application No Bar to Claim
• 1/3/2012 EEOC Charge Period Starts When Demotion Announced, Not When Employee's Compensation Later Reduced
• 1/3/2012 Not Retaliatory to Fire a New Hire Because of Her Testimony in Discrimination Case at Her Previous Place of Employment, at the Insistence of the Accused
• 1/3/2012 NLRB Delays Employee Rights Notice-Posting Rule Again
• 1/3/2012 President Nominates Two to Sit on National Labor Relations Board; Possibility That Board Will Be Unable to Issue Decisions in 2012
• 1/3/2012 Employer's Historic Practice of Across-the-Board Pay Increases "If Feasible" or "If Sufficient Funds Existed" Was Not a Condition of Employment That Had to Be Continued for Union-Represented Employees
• 1/3/2012 Employer May Be Liable Under Federal Law for Posting Entries on Employee's Personal Facebook Page and Twitter Account - But What Exactly is Being Protected?
• 1/3/2012 Choice of Law Provision in Non-Compete and Non-Solicitation Agreements May Mean No Choice for Employers in Arizona
• 1/3/2012 Discharge of Church Preschool Director for Living With Boyfriend and Raising Child Out of Wedlock, is Lawful
• 1/3/2012 Miminum Wage in Colorado Increases
• 12/30/2011 No "Regarded As" Disability Discrimination Liability Despite Numerous Inappropriate Workplace Comments
• 12/30/2011 Wal-Mart's Efforts to Woo "Healthier" Employees Discoverable in Age, Disability Suit
• 12/8/2011 Secured Creditors Should Attach Evidence of Perfection of Their Security Interest in Filing Proofs of Claim
• 11/22/2011 Participant Fee Disclosure – DOL Requires Fees and Investment-Related Information Disclosure by Plan Fiduciaries to Participants and Beneficiaries
• 11/21/2011 Retirement Plan Service Provider Fee Disclosure – DOL Regulation Requires Disclosure to Retirement Plan Fiduciaries of Direct and Indirect Compensation Received by Certain Service Providers
• 11/17/2011 Good News for Construction Professionals: Court Reaffirms Construction Defect Can Be An Occurrence Under a General Liability Policy
• 11/7/2011 New IRS Procedures for Issuers of Tax-Exempt Bonds
• 11/3/2011 Agricultural Land Classification Anti-Abuse Provisions Target Farm and Ranch Tax Breaks
• 11/1/2011 Employer’s Mention of Employee’s Pregnancy Complications in Termination-Related Papers Does Not Prove Pregnancy Bias
• 11/1/2011 NLRB Postpones New Employee Rights Notice-Posting Requirement
• 11/1/2011 Employment Practices Liability Insurance – Buyer Beware!!!
• 11/1/2011 Employer Did Not Fail to Make Reasonable Accommodation When it Denied a “Preferable” (But Not Required) Daytime Shift; Employee’s Retirement was Responsible for Breakdown of Interactive Process
• 11/1/2011 No FMLA Cause of Action for Supervisor’s Alleged Exacerbation of Employee’s Health Condition
• 11/1/2011 Timing of Employee Discharge Supports FMLA Retaliation and Interference Claims
• 11/1/2011 Employee Who Was Harassed for Taking FMLA Leaves During “Blackout Period” Stated FMLA Interference Claim, But No Individual Liability Against Public Employer
• 11/1/2011 EEOC Subpoena for Fitness Test Information Not Enforced
• 11/1/2011 Increase in Colorado Minimum Wage in the Works
• 11/1/2011 Idaho Court Extends Public Policy Protection to Constructive Discharges
• 10/17/2011 OSHA Update: Sherman & Howard Issues New "An Employer's Guide OSHA Inspections"
• 10/14/2011 OSHA UpdateAn Employer's Guide to OSHA Inspections
• 10/6/2011 Corporate Governance: Political Accountability Policy
• 10/5/2011 Top Ten Strategies Insureds Can Use to Make the Most of Their Insurance Coverage
• 9/29/2011 Medicare Part D: New Notice Deadline for Employer Plans
• 9/26/2011 Health Reimbursement Arrangements: HHS Creates New Waiver Exemption
• 9/12/2011 Banning or Restricting Arbitration Under Dodd-Frank
• 9/7/2011 Internal Revenue Code Section 179D May Provide Financial Benefit to Governments
• 9/1/2011 Back and Forth with the NLRB on Social Media
• 9/1/2011 Medical Marijuana User’s Entitlement to Colorado Unemployment Benefits is “Up in Smoke”
• 9/1/2011 Change of Feedback is “Direct” Evidence of Discrimination
• 9/1/2011 Inaccurate Information Given in Post-Offer, Pre-Hire Exam May Not Be Basis for Employee’s Later Discharge
• 9/1/2011 No Age Discrimination to Replace Employee with Computer Software
• 9/1/2011 Applicant Cannot be Denied Employment Because Head Scarf Worn for Religious Reasons Conflicted with Employer’s Marketing
• 9/1/2011 “Reverse Discrimination” May Be Found When White Supervisor Was Fired for Violating “Zero Tolerance” Policy, but Black Employees Who Violated Policy Were Not
• 9/1/2011 Is It Insubordination or Protected Opposition to an Illegal Directive?
• 9/1/2011 Denver Voters to Decide Mandatory Paid Sick Leave Issue
• 9/1/2011 Urgent Deadlines Approaching to Protect Your Trademark from Misuse on the Internet
• 9/1/2011 Outgoing NLRB Chairman Leaves Her Mark with a
  Labor-Friendly Flourish
• 9/1/2011 Employer May Have Duty to Accommodate a Disabled
  Employee in Her Commute
• 8/19/2011 Colorado Secretary of State Announces “Fee Holiday” for Out-of-State Businesses
• 8/10/2011 Downgrade of U.S. Debt May Impact State and Local Governments