Sherman & Howard L.L.C.

Parental Leave Precautions

Last week, Coca-Cola announced that many new parents at the company (domestic non-bargaining employees) will soon be eligible for six weeks of paid leave. The benefits, which supplement existing short-term disability benefits…more
| Labor & Employment Law

At Long Last: The Department of Labor Issues Final Fiduciary Rules

On April 6, 2016, after more than five years of anticipation, the Department of Labor (DOL) issued the final fiduciary rule and related guidance. The final fiduciary rule amends and expands the definition of a fiduciary that…more
| Commercial Law & Contracts, Finance & Banking, Labor & Employment Law

Good News for Corporate Policy Holders: Court Finds Cyber Coverage Under Standard Liability Policy

Corporate policy holders received good news on April 11 when the U.S. Court of Appeals for the Fourth Circuit issued its opinion in the case captioned: The Travelers Indemnity Company of America v. Portal Healthcare Solutions,…more
| Civil Procedure, Commercial Law & Contracts, Health, Insurance, Privacy

Banking & Finance Advisory: Justice Department: Individual Accountability for Financial Institution Misdeeds

Last September, the Justice Department amended the United States Attorney’s Manual (USAM), the manual that provides guidance for the Department of Justice Attorneys. The amendments are designed to ensure that individual…more
| Business Organizations, Finance & Banking

Recent Events in the News Highlight the Importance of Registering Trademarks with the USPTO

Last week, New Belgium Brewing Company and Oasis Texas Brewing Company settled a trademark dispute between the companies that began in 2014. The two breweries were disputing which of them had the right to use the name “Slow…more
| Civil Procedure, Intellectual Property

OSHA Alert: OSHA Issues New Silica Rule

OSHA’s much-anticipated rule to regulate employee exposure to crystalline silica was published last Friday, March 25th. The new rule takes effect June 23, 2016. Depending on the industry involved, staggered compliance deadlines…more
| Labor & Employment Law

Georgia RFRA Vetoed

At a press conference this morning, Georgia Governor Nathan Deal announced that he will veto HB 757, the “Free Exercise Protection Act” that Georgia’s legislature passed less than two weeks ago…more
| Elections & Politics

Class Averaging

The Supreme Court ruled today that Plaintiffs’ use of average donning and doffing times was proper and sufficient to affirm a $5.8 million judgment against Tyson Foods. Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146 (Mar. 22,…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

GA “Free” Exercise

On Wednesday, the Georgia legislature passed the “Free Exercise Protection Act” (HB 757), which combines aspects of a proposed Pastor Protection Act and Religious Freedom Restoration Act. Many Atlanta-based companies and…more
| Constitutional Law, Elections & Politics

OSHA Issues Revised Procedures to Handle Reporting Requirements - New “Safe Harbor” for Employer Investigation Reports

Effective January 1, 2015, OSHA must be notified anytime there is a workplace fatality, inpatient hospitalization, amputation or eye loss. Along with the new reporting rule, OSHA issued interim internal procedures to deal with…more
| Labor & Employment Law

Supreme Court Decision Weakens the Reach of State Claims Databases to Self-Insured Plans

On March 1, 2016, in a 6-2 decision, the U.S. Supreme Court held, in Gobeille v. Liberty Mutual Insurance Company, that ERISA’s reporting requirements preempted Vermont’s state health care reporting scheme. The case addressed a…more
| Civil Procedure, Conflict of Laws, Health, Labor & Employment Law

California Rules!

California’s new regulations concerning employment discrimination come into effect soon. Briefly, they require beefy policies and supervisor training concerning reporting discrimination and harassment. Naturally, they include…more
| Civil Rights, Labor & Employment Law

Groundbreaking Discrimination Lawsuits

The EEOC filed two lawsuits today alleging – for the first time – that discrimination on the basis of sexual orientation violates Title VII. As you know, sexual orientation is not expressly protected under Title VII, so these…more
| Civil Procedure, Civil Rights, Labor & Employment Law

IRS Releases New Proposed Political Subdivision Regulations

On February 22, 2016, the Internal Revenue Service (the “IRS”) published new proposed regulations (the “Proposed Regulations”) in the Federal Register providing guidance as to the definition of a “political subdivision” for…more
| Business Organizations, Finance & Banking, Nonprofit Law, Taxation, Zoning, Planning & Land Use

IRS Announces that Mid-Year Amendments to Safe Harbor Plans Generally Are Allowed

In January 2016, the IRS released Notice 2016-16, announcing the general permissibility of mid-year amendments to “safe harbor” 401(k) plans. Safe harbor plans covered by the Notice include those using a traditional safe harbor…more
| Finance & Banking, Labor & Employment Law, Taxation
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