Sherman & Howard L.L.C.

Court Pulls Curtain on NLRB Ruling

The Eleventh Circuit Court of Appeals overturned the NLRB’s finding that stagehands in the Atlanta area were employees rather than independent contractors. The Court found that the NLRB repeatedly misapplied the law and…more
| Art, Entertainment, & Sports Law, Civil Procedure, Labor & Employment Law

Retaliation Encyclopedia

The EEOC just released proposed enforcement guidance on retaliation, and at 73 pages, it has everything you ever wanted to know on the topic. This is the first time since 1998 that the EEOC has updated its guidance on this…more
| Civil Remedies, Civil Rights, Labor & Employment Law

Not Worth Fighting Over?

In wage and hour disputes, sometimes an employer would rather just pay a claim instead of fighting it. Maybe the claim is only worth several hundred dollars and attorney’s fees would be a far greater expense. Or maybe not only…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Labor & Employment Law

Joint Employment for Wage/Hour

The Department of Labor’s Wage and Hour Division (“WHD”) has issued new guidance on joint employer status. The guidance re-emphasizes that companies that share workers with associated companies, or that subcontract work to other…more
| Commercial Law & Contracts, Labor & Employment Law

New "Worker Endangerment Initiative" May Increase Criminal Prosecutions of Workplace Safety Violations

On December 17, 2015, the Department of Labor (DOL) and the Department of Justice (DOJ) announced a plan to increase the frequency and effectiveness of criminal prosecutions of safety and environmental violations affecting…more
| Criminal Law, Labor & Employment Law

No Arbitration for Masseuse

The Tenth Circuit just ruled that an arbitration agreement between a massage student and her school was not enforceable, because it would not permit the effective vindication of the student’s statutory rights. Nesbitt v. FCNH,…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

NLRB Nixes “No Recording” Rule

In Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), a divided three-member panel of the NLRB ruled that an employer’s blanket rule prohibiting workplace recording of conversations, phone calls, or images with a camera…more
| Communications & Media Law, Labor & Employment Law, Privacy

Colorado Construction Monitor - Winter 2015 / 2016

Construction activity in Denver (and throughout Colorado) remains remarkably high. Sherman & Howard's Construction Index rose to 119.15 for the quarter, which establishes a new record high for the Index. The previous high was…more
| Commercial Law & Contracts, Construction Law, Real Estate - Commercial, Zoning, Planning & Land Use

“Biggest Idiot” Meets Class Waivers

The “biggest idiot theory” (our term, not the NLRB’s) states that, when the NLRB reviews an employer’s policy to see whether the policy would “chill” an employee from exercising NLRA rights, the NLRB does so from the perspective…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

“Waterboy” a Protected Category

Adam Sandler fans will recall his Oscar-worthy starring role in the movie “The Waterboy,” in which he played a habitually-bullied waterboy for a college football team. Sandler played the part with an extremely pronounced Cajun…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Our Top 5 Requests for Santa

Dear Santa: We’ve been very good management-side labor and employment lawyers this year. We have fought zealously for our clients and won big cases throughout the country. We have returned client calls in a timely manner…more
| Labor & Employment Law

Guidance on Internal I-9 Audits

Because a government inspection can occur with only three days written notice, some employers choose to initiate internal audits of their company’s Forms I-9, utilizing their own personnel or attorneys with immigration or…more
| Immigration Law, Labor & Employment Law

SCOTUS Didn’t Eat EEOC’s Homework

Less than two weeks ago, the U.S. Supreme Court agreed to hear a case in which the trial court awarded attorneys’ fees against the EEOC for some $4.7 million. (SCOTUS Benchslap For EEOC On the Way?) While the case is now before…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Protection for (Some) HR Managers

Like most employment statutes, the Fair Labor Standards Act (“FLSA”) prohibits retaliation against employees who file complaints. The Supreme Court ruled in 2011 that this protection even extends to oral complaints at work…more
| Civil Procedure, Labor & Employment Law

Triple Dipping Remedies

The Tenth Circuit recently announced that employees who prove they are owed wages under both Federal and Colorado state law may be entitled to the unpaid wages, plus penalties under both statutes, possibly recovering more than…more
| Civil Procedure, Civil Remedies, Labor & Employment Law
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