Sherman & Howard L.L.C.

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

  • 303.297.2900
  • 303.298.0940

Facebooker–Good Citizen or Fired?

Can an employee’s Facebook post be grounds for termination? The Fifth Circuit says, “Yes.” Graziosi v. City of Greenville Mississippi, No. 13-60900 (5th Cir. January 9, 2015). A police officer posted on her Facebook page and on…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Labor & Employment Law, Privacy

NLRB Election Rule Under Fire

On January 5, 2015, the U.S. Chamber of Commerce, the Coalition for a Democratic Workplace (CDW), the National Association of Manufacturers, the National Retail Federation, and the Society for Human Resource Management jointly…more
| Civil Procedure, Constitutional Law, Labor & Employment Law

No Names Please

When you file SEC reports, do you report litigation risks? Do you name employees involved? An employer is headed to trial over whether it retaliated against a former employee by stating her name in SEC filings as the Charging…more
| Commercial Law & Contracts, Labor & Employment Law, Securities Law

Temporary Federal Immigration Relief May Help Address Construction Labor Shortages

U.S. Work Authorization to Be Available - A new recruitment source may soon be available to employers for additional workers to do construction or other work. Up to 4 or 5 million presently undocumented people from other…more
| Construction Law, Elections & Politics, Labor & Employment Law, Immigration Law

Santa Gives EEOC a Gift—For Now

We previously reported on a case where the EEOC was hit with a $4.7 million judgment in attorneys’ fees and costs for pursuing a frivolous class action. (See blog post EEOC Silent on Sanctions) This week the Eighth Circuit Court…more
| Administrative Law, Civil Remedies, Labor & Employment Law

NLRB Update: Policy Reversals Affect All Employers

Nancy Schiffer’s term with the National Labor Relations Board (“NLRB” or “the Board”) expired yesterday, but the Board made the most of its time with the former Associate General Counsel at the AFL-CIO and Deputy General Counsel…more
| Labor & Employment Law

NLRB to Re-Hear Labor Arbs

Another NLRB bombshell. The NLRB used to “defer” statutory issues to arbitration. For example, if an employer and union arbitrated the issue of an employee’s discharge for good cause, the NLRB would not then prosecute an unfair…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law

Federal Contractors Beware – Part 7

In response to President Obama’s July 2014 Executive Order discussed here, on December 3, 2014, the Department of Labor announced a new rule prohibiting discrimination by federal contractors on the basis of gender identity or…more
| Civil Rights, Labor & Employment Law, Government Contracting

Employees May Use Email For Union Activity

The NLRB says its 2007 decision in Register Guard was “clearly incorrect.” Employers cannot prohibit employee use of employer email for union and other protected communications. In other words, employer policies that prohibit…more
| Labor & Employment Law

NLRB “Modernizes” Procedures

The NLRB has adopted comprehensive changes to the procedures for representation elections under the NLRA. Some changes, such as the ability to file documents electronically, clearly bring Board election procedures into this…more
| Labor & Employment Law

Supremes OK Post-Shift Screening

Yesterday the Supreme Court shed further light on post-work, non-compensable time under the FLSA. Integrity Staffing Solutions, Inc. v. Busk, No. 13-433 (U.S. December 9, 2014). The plaintiff class were warehouse workers who…more
| Civil Procedure, Labor & Employment Law

GOP Gives EEOC Epic Smackdown

The Republican members of the Senate Health, Education, Labor and Pensions (“HELP”) Committee recently released its study of the EEOC, and the results aren’t pretty for the Agency. The study blasts the EEOC for “litigation…more
| Civil Rights, Elections & Politics, Labor & Employment Law

Tardy-From-Home

From the beginning, the employee had attendance and punctuality problems, and the problems didn’t improve even when the employer adjusted her schedule. After she was diagnosed with MS, the company approved intermittent FMLA…more
| Labor & Employment Law

SOX Squelches Arbitration of Entangled Claim

In Laubenstein v. Conair Corp., No. 5:14-cv-05227 (W.D. Ark. Nov. 19, 2014), Plaintiff claimed retaliation under the Sarbanes-Oxley Act (“SOX”) and a state-law claim for wrongful termination. A recent amendment to SOX preempts…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Rights, Conflict of Laws, Labor & Employment Law

That Shouldn’t Be My Job

The plaintiff argued he was fired over a host of production issues, but none were his fault. Every single issue was someone else’s fault. So, he argued, he must have been fired because of his age…more
| Labor & Employment Law
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Areas of Practice
  • Business Organizations
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  • Construction Law
  • Finance & Banking
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Number of Attorneys

100+ Attorneys

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