John Doran

John Doran

Sherman & Howard L.L.C.

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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 Farm Fresh 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 Protected Activity Public Employees Retaliation SCOTUS Subpoenas Testimony Trials

NLRB Concocts New F’ing Profanity Excuse

In 2005, a Starbucks barista walked into his store with several co-workers while staroff duty. He was there to protest Starbucks’ policy concerning baristas wearing pro-union pins. A row ensued between the barista and an...more

6/20/2014 - Free Speech Hiring & Firing Starbucks Termination Unions

Supremes Rule That Trial Speech is Protected Speech – Part II

The Supreme Court previously ruled in Garcetti that a prosecutor’s internal memorandum written in the course of his job responsibilities did not constitute protected speech because he was speaking as an government employee...more

6/20/2014 - Free Speech Garcetti Lane v Franks Protected Activity SCOTUS Trials

Supremes Rule That Trial Speech is Protected Speech – Part 1

This morning 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

6/20/2014 - Employee Rights Employer Liability Issues First Amendment Lane v Franks Public Employees Public Employers SCOTUS Testimony Trials

NLRB Meets Gossip Girl

The NLRB recently struck down an employer’s “anti-gossip” policy, ruling that the policy unlawfully interfered with employees’ rights to engage in concerted protected activity under the NLRA. Laurus Technical Inst., 360 NLRB...more

6/20/2014 - Employer Liability Issues Employment Policies NLRB

Arizona Court Strikes Down Restrictive Covenants

In a notorious case, the Arizona Court of Appeals yesterday struck down Quicken Loans’ non-solicitation covenants and confirmed that the defendants in the case were entitled to recover their attorneys’ fees. Quicken sued...more

5/14/2014 - Appeals Attorney's Fees Breach of Contract Former Employee Hiring & Firing Non-Solicitation Agreements Quicken Loans

Employer’s Final Paycheck Deductions Upheld

The Ninth Circuit just held that an employer is entitled to deduct from an employee’s final paycheck money an employee owes to the employer. Ward v. Costco Wholesale Corp. Costco issued Ms. Ward a company credit card, but...more

1/10/2014 - Compliance Credit Cards Employee Rights Employer Liability Issues FLSA Wage Deductions Wages

“No Mas!” NLRB Finally Surrenders In Poster Rule Debacle

In what we hope is the beginning of a trend, the NLRB announced that it will not appeal its infamous poster case to the U.S. Supreme Court. As you may remember, the NLRB passed a rule that required covered employers to post a...more

1/10/2014 - Chamber of Commerce National Association of Manufacturers NLRA NLRB Posting Requirements Unions

EEOC Naughty, But Employer Gets Lump of Coal

A federal court of appeals recently broke ranks with other federal appellate courts, holding that the EEOC’s failure to obey its statutory duty to conciliate before filing a lawsuit does not serve as a defense to the lawsuit....more

12/30/2013 - Civil Rights Act EEOC Employer Liability Issues Title VII

Texas Messes with EEOC

When Texans say “Don’t Mess With Texas”, they’re speaking directly to the EEOC these days. The State of Texas recently sued the EEOC, seeking to prevent the EEOC from enforcing its 2012 Enforcement Guidance on employer use of...more

11/18/2013 - Background Checks Criminal Background Checks EEOC Enforcement

NLRB Asks For, Gets, the Casablanca Treatment

The NLRB received a nasty benchslap from the Eleventh Circuit Court of Appeals recently in a case challenging the NLRB’s interpretation of supervisor status under the NLRA. Lakeland Health Care Associates, LLC v. NLRB. The...more

11/14/2013 - NLRA NLRB Nurses Supervisors

Power To The People (Mark), Redux

A federal appeals court recently upheld a $750,000 award to an employer for the attorneys’ fees and expert witness fees it expended defending a frivolous class action brought by the EEOC. EEOC v. Peoplemark, Inc. The EEOC...more

11/13/2013 - Attorney's Fees Class Action EEOC Expert Witness Frivolous Lawsuits Hiring & Firing Peoplemark Inc.

Too poor to arbitrate, but rich enough to litigate???

Yesterday the Arizona Court of Appeals decided a case that stands to undo the efficacy of arbitration agreements of all kinds in Arizona, including those found in the employment setting. Clark v. Renaissance West, LLC (Az....more

9/23/2013 - American Express v Italian Colors Restaurant Arbitration Arbitration Agreements SCOTUS

Supreme Court To Take Up Noel Canning

On June 24, 2013, the Supreme Court took a major step toward resolving one of the hottest issues in labor law today - the legality of the NLRB's actions and decisions in light of certain questionable appointments to the NLRB...more

7/16/2013 - Canning v NLRB Certiorari NLRB Political Appointments Recess Appointments SCOTUS

No Habla Arbitration: An Arbitration Agreement, to Be Enforceable With an Employee Who Only Reads Spanish, Must Be in Spanish

A Texas appellate court recently provided a valuable lesson in the very basics of arbitration agreements. In Delfingen US-Texas, LP v. Valenzuela*, the Court struck down an otherwise excellent arbitration agreement because...more

3/6/2013 - Arbitration Arbitration Agreements Hiring & Firing Native Language

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