Sherman & Howard L.L.C.

633 Seventeenth Street Suite 3000  Denver, CO 80202, United States

  • 303.297.2900
  • 303.298.0940

The “Keep Jobs In Colorado Act” Bad for Business, Bad for the State?

A new law currently being debated in Colorado's legislature could expose companies working on public projects to civil penalties if their workforce does not consist of at least 80% Colorado labor…more

Domestic Workers, Penalties

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Mechanics' Lien Trust Fund Debts Not Dischargeable in Bankruptcy – What Were You Thinking?

In a recent unanimous decision, the United States Supreme Court made it more difficult to avoid a bankruptcy debtor discharging a debt tied to "defalcation while acting in a fiduciary capacity." In Bullock, the Court stated that…more

Debtors, Defalcation Exception, Dischargeable Debts, Mechanics Lien, SCOTUS

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“A Theory in Search of Facts”: Federal Court Blasts EEOC Challenge to Criminal and Credit Background Checks

Criticizing the EEOC for placing employers in a "Hobson's choice" related to the criminal and credit background check of job applicants, the federal district court in Maryland threw out the EEOC's lawsuit against an event…more

Credit Reports, Criminal Background Checks, Discrimination, Disparate Impact, EEOC

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Public Benefit Corporation Act of Colorado - A New Framework to Support Socially Responsible Colorado Corporations

On May 16, 2013, Governor John Hickenlooper signed the Public Benefit Corporation Act of Colorado (the "Act") into law, creating a new class of for-profit corporations in Colorado beginning April 1, 2014, called "public benefit…more

Benefit Corporations, Corporate Social Responsibility, New Legislation

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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

Compliance, Credit Cards, Employee Rights, Employer Liability Issues, FLSA

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Whether for Cause or Convenience, Termination Can Be Tricky

Termination of a construction contract is tricky and fraught with risk. Whether the termination is for cause or for convenience, the contract must be followed to the letter for a termination to be valid. Virtually every…more

Causation, Construction Contracts, Contract Drafting, Termination Clauses, Termination for Convenience

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Wisconsin’s Controversial Public Union Law Upheld as Constitutional

A panel of the Seventh Circuit Court of Appeals recently upheld Wisconsin's widely-discussed 2011 law that limits the collective bargaining rights of most public sector employees…more

Act 10, Collective Bargaining, Unions

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Stresscon v. Travelers: A Victory For Policy Holders

Yesterday, the construction and insurance communities received much sought-after guidance from the Colorado Court of Appeals regarding Colorado’s recently adopted bad faith statute in the highly anticipated decision, Stresscon…more

Denial of Benefits, Fees, Insureds, Insurers, Notice Prejudice Rule

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Time to Begin Preparing H-1B Visa Petitions for Foreign Professionals

Employers recruiting foreign students from U.S. universities or professionals from elsewhere in the world should begin planning for March 31, 2014…more

Foreign Workers, H1-B, Immigrants, USCIS, Visas

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Upcoming Changes for Federal Contractors

In September 2013, the Office of Federal Contract Compliance Programs (OFCCP) implemented its regulation increasing the affirmative action requirements regarding individuals with disabilities for those federal contractors and…more

Affirmative Action, Disability, Federal Contractors, Hiring & Firing, OFCCP

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Liquidated Damages are Discretionary in FLSA Retaliation Case; CEO Held Individually Liable

In Moore v. Appliance Direct, Inc.,* the plaintiffs brought retaliation claims under the Fair Labor Standards Act ("FLSA"). Although the plaintiffs won on their retaliation claim, they ultimately did not recover liquidated…more

FLSA, Liquidated Damages, Retaliation

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The Road to Repair and Reconstruction of Colorado's Scenic Highways

The recent and tragic flooding in numerous Colorado counties poses a challenge not only to local, state, and federal agencies, but also to the construction community as well. As Coloradans sift through the flood damage, they…more

Contractors, Highways, Infrastructure, Reconstruction, Repairs

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How Will Marijuana Legalization In Colorado & Washington Affect Employers?

Employers are not required to accommodate an employee’s current use of illegal drugs, including marijuana. Moreover, under the Americans with Disabilities Act, an employer can prohibit the illegal use of drugs (including…more

ADA, Decriminalization of Marijuana, Hiring & Firing, Law Matters, Legal Perspectives

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Owner and Developer Implied Duties in Construction Projects

Increasing construction activity and the general improvement in the real estate market means that more owners and developers will be starting new construction projects, and it is important to review some of the obligations…more

Architects, Construction Contracts, Contractors, Easements, Property Owners

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Employers Must Gross Up Back Pay Awards in NLRB Cases

In another bold move, the National Labor Relations Board (NLRB) has beefed up the requirements for back pay payments when an employer loses a labor dispute. Employees and their lawyers have long complained of the tax…more

Back Pay, NLRA, NLRB, Payroll Taxes, Social Security

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Colorado Construction Legislation Update

The 2013 Colorado Legislative Session ended on May 8, 2013. Although construction issues were not at the forefront, a few bills pertinent to the construction industry did appear and pass this Session. This advisory provides an…more

Legislative Vetoes, New Legislation

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OSHA's Expanding Interpretations of the Law

Readers of a January 2, 2014, editorial in the Wall Street Journal, “A Bumper Crop of Bureaucracy,” may have wondered whether they should cry or laugh after learning about OSHA’s exploits to inspect small family farms. For…more

Compliance, Enforcement, OSHA, Workplace Hazards

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Workers May Choose Vacation or FMLA Leave

In 2007, Maria Escriba requested and received two weeks of vacation from her employer to travel to Guatemala to care for her ailing father. When Escriba did not return to work at the end of her leave, the employer discharged…more

Employer Liability Issues, FMLA, Paid Leave, Termination, Vacation Leave

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Top Regulatory Issues for the Insurance Industry in 2014?

The answer depends on whom you ask, of course - and, as Hilary Rowen, partner at law firm Sedgwick LLP, noted: it can also differ by insurance industry sector. Here’s what we heard back…more

Affordable Care Act, Casualty Insurance, Construction Defects, Cross-Border, Insurance Regulations

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It’s Never Too Late To Take Corrective Action On A Discrimination Claim

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 Mut…more

Discrimination, Sex Discrimination

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Employees May Take “Total Disability” And Seek Accommodation Too

Just because a disabled employee takes long term disability benefits and certifies she is unable to work, doesn’t mean she can’t seek workplace accommodations. Smith v. Clark County School District, No. 11-17398 (9th Cir. Aug…more

ADA, Disability Discrimination, Discrimination, FMLA, Reasonable Accommodation

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To arbitrate arbitrability or not to arbitrate arbitrability? That is the question!

Whether the parties to a collective bargaining agreement (“CBA”) agreed to arbitrate arbitrability (i.e. whether an issue is subject to arbitration at all) was the key issue ConocoPhillips, Inc. v. Local 13-0555 United…more

Arbitration, Arbitration Agreements, Collective Bargaining, Zero Tolerance Policies

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Update On Coverage For Colorado Construction Defects – TCD & Colorado Pool

Over the past few years, we have monitored the efforts of some in the insurance industry to deny coverage for construction defect claims brought by construction professionals. These insurers' assault on construction…more

Commercial General Liability Policies, Construction Defects, Faulty Workmanship, Occurrence

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Employer Must Continue Union Dues Check Off After CBA Expires

The National Labor Relations Board (NLRB) is continuing its drive to overturn well-established legal precedent that it considers to be unfavorable to unions and employees…more

Bethlehem Steel, Collective Bargaining, Dues Checkoff, NLRB, Union Dues

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Northwestern Football Players Are Employees

In a decision that could affect every private collegiate athletic department in the county, the Regional Director of the Region 13 of the NLRB has found scholarship football players at Northwestern University to be employees. If…more

College Athletes, NLRB, Unions

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Clothes or Equipment

The Fair Labor Standards Act permits employers and unions to agree to exclude from compensable time, the time spent washing and changing clothes. Does this include agreeing about putting on and taking off “protective clothing?”…more

Collective Bargaining, FLSA, Sandifer v U.S. Steel Corp, SCOTUS, Unions

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OSHA's Expanding Interpretations of the Law

Readers of a January 2, 2014, editorial in the Wall Street Journal, “A Bumper Crop of Bureaucracy,” may have wondered whether they should cry or laugh after learning about OSHA’s exploits to inspect small family farms. For…more

Compliance, Enforcement, OSHA, Workplace Hazards

See All Updates »

The Road to Repair and Reconstruction of Colorado's Scenic Highways

The recent and tragic flooding in numerous Colorado counties poses a challenge not only to local, state, and federal agencies, but also to the construction community as well. As Coloradans sift through the flood damage, they…more

Contractors, Highways, Infrastructure, Reconstruction, Repairs

See All Updates »

I Need a Vacation, Doctor’s Orders

Having a chronic serious health condition doesn’t entitle an employee to take leave whenever he chooses. Even if the leave would be medically beneficial, it has to correspond to a period of incapacity. In Hurley v. Kent of…more

FMLA, Healthcare, Sick Leave, Vacation Leave

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Act Professional

A recurring risk for licensed professionals remains the threat of liability claims arising from their work. Given the nature of the professional's practice, the claims are complex and costly, regardless of their merit…more

Professional Liability

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Stresscon v. Travelers: A Victory For Policy Holders

Yesterday, the construction and insurance communities received much sought-after guidance from the Colorado Court of Appeals regarding Colorado’s recently adopted bad faith statute in the highly anticipated decision, Stresscon…more

Denial of Benefits, Fees, Insureds, Insurers, Notice Prejudice Rule

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EEOC’s Attempt to Revisit Undue Hardship Defense Rejected

Last year, we reported on EEOC v. JBS USA, LLC No. 8:10CV318 (D. NE.). The case includes the EEOC’s pattern or practice claim that JBS failed to accommodate its Muslim employees’ religious practices at its Grand Island, Nebraska…more

EEOC, Muslims, Religious Discrimination, Undue Hardship

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Wal-Mart Plaintiffs Seek to Change the Rules

After the Supreme Court rejected a nationwide class action by female Wal-Mart workers in the 2011 Dukes case, the plaintiffs filed smaller class actions in different parts of the country. Wal-Mart has persuaded several of the…more

Class Action, Dukes v Wal-Mart, SCOTUS, Statute of Limitations

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Don’t Forget Your Employees On Leave

Do you have an employee on long-term leave with a right to reinstatement? Is your business being acquired or bought out? Make sure you keep the employee in mind!…more

Paid Leave, Reinstatement, Unpaid Leave, USERRA

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ADEA Safe Harbor Unsafe

In 1945, an employer and unions created a pension plan that provided equal pensions to all workers retiring at age 65 but capped the employer’s contributions. The result was that workers who joined the plan later in life, e.g…more

ADEA, Age Discrimination, Employer Liability Issues, Safe Harbors

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Stresscon v. Travelers: A Victory For Policy Holders

Yesterday, the construction and insurance communities received much sought-after guidance from the Colorado Court of Appeals regarding Colorado’s recently adopted bad faith statute in the highly anticipated decision, Stresscon…more

Denial of Benefits, Fees, Insureds, Insurers, Notice Prejudice Rule

See All Updates »

Areas of Practice
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Finance & Banking
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Real Estate
  • Taxation
  • Wills, Trusts, & Estate Planning
Locations
Other U.S. Locations
  • Arizona
  • Colorado
  • Georgia
  • Missouri
  • Nevada
Number of Attorneys

100+ Attorneys

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