John Doran

John Doran

Sherman & Howard L.L.C.

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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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