John Doran

John Doran

Sherman & Howard L.L.C.

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Employment-ish FHA Decision

Amid the headlines of last week’s Supreme Court decisions was one applying disparate impact analysis to claims under the Fair Housing Act “FHA”. Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project,...more

7/22/2015 - Affordable Housing Business Necessity Disparate Impact Employment Discrimination Fair Housing FHA Pleadings SCOTUS Summary Judgment Tax Credits Texas Dept of Housing v Inclusive Communities

Supremes Tell States Gay Marriage is Legal

Recently, the U.S. Supreme Court struck down state laws the prohibit gay marriage in Obergfell v. Hodges, No. 14-556 (June 26, 2015), First, the Court held that the Fourteenth Amendment requires a State to license a marriage...more

7/22/2015 - Employee Benefits Equal Protection FMLA Fourteenth Amendment Income Taxes Obergefell v. Hodges Pensions Same-Sex Marriage SCOTUS

DOL Says Employers Are Morons

Okay, that’s not what the DOL said exactly. But the DOL did say today that companies far and wide are just wrong on which workers are employees and which are independent contractors for purposes of the FLSA. In an...more

7/17/2015 - Broadest Reasonable Interpretation Standard DOL FLSA Independent Contractors Misclassification Wage and Hour

Supremes Say Abercrombie Not So Hip

The U.S. Supreme Court just issued its much-awaited religious discrimination decision in EEOC v. Abercrombie & Fitch, 575 U.S. ___ (June 1, 2015) (No. 14-86). Samantha Elauf applied for a job with A&F and was denied the job...more

6/30/2015 - Abercrombie & Fitch Dress Codes EEOC EEOC v Abercrombie Hiring & Firing Job Applicants Religious Accommodation Religious Clothing Religious Discrimination SCOTUS Title VII

Supreme Benchslap for EEOC

Title VII requires the EEOC to engage in “conciliation” once it issues a cause determination. The EEOC’s unique approach to conciliation, which typically is totally divorced from anything conciliatory, is the subject of this...more

4/30/2015 - Conciliation Discrimination EEOC Employer Liability Issues Mach Mining v EEOC Mining SCOTUS Sex Discrimination Title VII

Will EEOC’s New Wellness Regs Make You Sick?

The EEOC has broadcast proposed regulations on wellness programs. In short, the proposed regs attempt to reconcile Obamacare provisions encouraging wellness programs, the ADA’s approval of medical examinations that are truly...more

4/20/2015 - ADA Affordable Care Act EEOC Employer Liability Issues Hiring & Firing Medical Examinations Pre-Employment Health Screenings Proposed Regulation Screening Procedures Wellness Programs

Don’t Go Break-rooming My Heart

Being a hospital maintenance worker is grueling. Just ask Darrell Allen, who worked for Atrium Medical Center. His job was so taxing that he created a secret break-room for himself in one of the hospital’s air handling rooms....more

4/20/2015 - Hiring & Firing Hospitals Termination

61,000 Reasons to Hate FLSA

An Arizona employer recently learned a costly lesson under the FLSA. Alzate v. Creative Man Painting Three employees sued their employer for a variety of FLSA violations and other claims. The employer, through its attorney,...more

3/6/2015

NLRB Subpoena Benchslap

A Circuit Court has un-tipped the NLRB’s scales in a refusal-to-bargain case. Ozark Auto. Distribs., Inc. v. NLRB, No. 11-1320 (D.C. Cir. February 10, 2015). An employer lost a tight union election and contested the election...more

2/12/2015 - NLRB Subpoenas Union Elections Unions Willful Misconduct

Santa Gives EEOC a Gift—For Now

We previously reported on a case where the EEOC was hit with a $4.7 million judgment in attorneys’ fees and costs for pursuing a frivolous class action. (See blog post EEOC Silent on Sanctions) This week the Eighth Circuit...more

12/26/2014 - Attorney's Fees EEOC Frivolous Lawsuits Governmental Liability

NLRB Update: Policy Reversals Affect All Employers

Nancy Schiffer’s term with the National Labor Relations Board (“NLRB” or “the Board”) expired yesterday, but the Board made the most of its time with the former Associate General Counsel at the AFL-CIO and Deputy General...more

12/19/2014 - Ambush Election Rules Arbitration Email NLRB Protected Concerted Activity Purple Communications Unfair Labor Practices Union Elections Unions

Supremes OK Post-Shift Screening

Yesterday the Supreme Court shed further light on post-work, non-compensable time under the FLSA. Integrity Staffing Solutions, Inc. v. Busk, No. 13-433 (U.S. December 9, 2014). The plaintiff class were warehouse workers who...more

12/10/2014 - FLSA Integrity Staffing v Busk SCOTUS Security Checks Wage and Hour

GOP Gives EEOC Epic Smackdown

The Republican members of the Senate Health, Education, Labor and Pensions (“HELP”) Committee recently released its study of the EEOC, and the results aren’t pretty for the Agency. The study blasts the EEOC for “litigation...more

12/5/2014 - EEOC Legislative Agendas Legislative Committees Political Affiliation

Arizona Trade Secrets Grow New Teeth

Over the last 18 months, the courts had diluted Arizona trade secret protections, notwithstanding the recent criminalization of trade secret theft by the AZ legislature. Today, however, the Arizona Supreme Court breathed new...more

11/20/2014 - Preemption Trade Secrets Unfair Competition

NLRB and Union in Cahoots—Employer Still Loses

An employer’s bid to quash three ridiculously overbroad NLRB subpoenas fell short even though the trial court repeatedly said it disapproved of the NLRB’s tactics. The SEIU filed unfair labor practice charges against a...more

10/20/2014 - Employer Liability Issues Hospitals NLRB SEIU Subpoenas Union Elections

EEOC Dragged Through Texas Roadhouse

In a positively sublime “man bites dog” story, Texas Roadhouse restaurants recently sued the EEOC for alleged violations of the Freedom of Information Act (“FOIA”). The story begins in 2011, when the EEOC filed a national...more

10/17/2014 - ADEA Age Discrimination Class Action Discrimination EEOC FOIA

Move Over EEOC: Time for an NLRB Benchslap

Over the last few weeks we have blogged on a number of judicial decisions chastising the EEOC (Another Approaching Benchslap for EEOC?, EEOC Benchslaps Just Keep Coming and The EEOC Hits Just Keep Coming!). Today we shift our...more

9/8/2014 - E-Verify EEOC Employer Liability Issues Equal Access to Justice Act Farms Hiring & Firing NLRB Reinstatement

The EEOC Hits Just Keep Coming!

Last week a federal judge in Hawaii imposed peculiar sanctions against the EEOC for the Commission’s unethical conduct in a class action. In EEOC v. Global Horizons, Inc. et al., No. 1:11-cv-00257-LEK-RLP (D. HI. filed August...more

9/2/2014 - Class Action Consent Decrees EEOC Sanctions

EEOC Benchslaps Just Keep Coming

Yesterday we reported on an entertaining “man bites dog” case initiated by a former EEOC Phoenix Regional Office investigator who sued the EEOC for race discrimination, retaliation, and violation of her civil rights. “Another...more

8/29/2014 - Discrimination EEOC Employer Liability Issues Harassment Racial Discrimination Retaliation

Should Bergdorf’s Tell Macy’s?

In a peculiar spin on the old line “would Macy’s tell Gimbel’s,” the NLRB unanimously rejected a micro bargaining unit at retailer Bergdorf Goodman only a week after it approved a somewhat similar micro bargaining unit at...more

8/4/2014 - Bergdorf Goodman Macy's NLRB Retailers Salespersons Unions Wage and Hour

Micro Bargaining Units Headed to Retailers

The NLRB has affirmed the certification of a micro bargaining unit at a Macy’s retail store. Macy’s Inc. and Local 1445, UFCW, 361 NLRB No. 4 (July 22, 2014) The certified unit consists solely of roughly 40 cosmetics and...more

7/25/2014 - Bargaining Units Macy's NLRA NLRB Retailers

Radical Shift Coming In Public Sector Agency Fees

On Monday, the Supreme Court took a swipe at public sector compulsory unionism. In doing so, the Court took a slice out of decades of Supreme Court jurisprudence and suggested a future re-thinking of agency fees in the public...more

7/2/2014 - Collective Bargaining First Amendment Harris v Quinn Healthcare Medicaid Public Employees Right to Work SCOTUS Union Dues Unions

Supremes Strike Down ACA Contraception Regs

In a highly controversial, but very specific ruling, the Supreme Court struck down Obama administration regulations requiring for-profit corporations to provide insurance coverage for certain forms of contraception. The case...more

7/1/2014 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Contraceptives Hobby Lobby Religious Exemption Religious Freedom Restoration Act SCOTUS

Supremes Benchslap President

This morning the U.S. Supreme Court handed down a decision that has widespread impact on the Obama Administration’s labor agenda, as well as the NLRB’s recent attempts to grossly expand its authority. NLRB v. Noel Canning,...more

6/26/2014 - Canning v NLRB NLRB Recess Appointments SCOTUS

Supremes Rule That Trial Speech is Protected Speech

Last week the U.S. Supreme Court issued an important decision affecting public employers and employee First Amendment rights to free speech. Lane v. Franks et al., No. 13-483 (U.S. June 19, 2014). Central Alabama Community...more

6/26/2014 - First Amendment Lane v Franks et.al Protected Activity Public Employees Retaliation SCOTUS Subpoenas Testimony Trials

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