Sherman & Howard L.L.C.

Texas Keeps Messin’ With EEOC

Yesterday the Fifth Circuit benchslapped the EEOC in a case involving the agency’s criminal history “guidance.” State of Texas v. EEOC, No. 14-10949 (5th Cir. June 27, 2016). We previously blogged about the State of Texas’…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Enforcing Persuader Rule Enjoined

The U.S. District Court for the Northern District of Texas has enjoined the Department of Labor from enforcing its new Persuader Rule. In the Persuader Rule, the DOL reversed its position on when attorneys who provide “advice”…more
| Civil Procedure, Labor & Employment Law

SCOTUS Gives Fed Contractors Mixed Bag

Last week the U.S. Supreme Court issued an opinion that refines and re-defines liability for contractors accused of defrauding the Federal Government under the False Claims Act (“FCA”) in Universal Health Services, Inc. v. U.S. …more
| Business Torts, Civil Procedure, Government Contracting, Health

Dol Fumbles…Scotus Punts

On June 20, 2016, the U.S. Supreme Court issued its latest decision (read, “non-decision”) in Encino Motorcars, LLC v. Navarro. The case involves a decades-old question of whether auto dealership “service advisors” are exempt…more
| Labor & Employment Law

New Sex Discrimination Regs Published

Today the U.S. Department of Labor’s Office of Federal Contract Compliance Programs published its final rule to update its Sex Discrimination Guidelines, expressing its intent to bring the outdated 1970 guidance in line with…more
| Civil Rights, Government Contracting, Labor & Employment Law

Latest NLRB Power-Grab Benchslapped

In another setback for the NLRB, a federal appeals court ruled recently that the NLRB lacks the authority to impose adverse attorneys’ fees awards against employers in Board proceedings. HTH Corporation v. NLRB The case…more
| Civil Remedies, Labor & Employment Law

Employee Benefits Advisory: IRS Issues Rules Clarifying the Self-Employment Tax Treatment of Partners – Possible Impact on Employee Benefit Plans

In new regulations issued on May 4, 2016, the IRS clarified that partners in a partnership (including members of a limited liability company that is taxed as a partnership) that owns a subsidiary that is a disregarded entity may…more
| Business Organizations, Taxation

The War on Employment Arbitration

The Seventh Circuit just created a split in the Federal Courts of Appeals by ruling an employment arbitration provision that did not permit arbitration of collective claims was not enforceable because it violated the National…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

OSHA Update: OSHA’s New Anti-Discrimination Requirements – What Every Human Resource Professional Needs to Know

On May 11, 2016, OSHA amended its Injury and Illness Recordkeeping Rule. While much attention has been paid to the new requirements that employers electronically submit their injury and illness records to OSHA starting in 2017,…more
| Civil Rights, Labor & Employment Law

SCOTUS Gives Plaintiffs Second Apple

Today the U.S. Supreme Court gave would-be plaintiffs not just a second bite at the apple, but an entirely new apple when it comes to Title VII limitations periods. Green v. Brennan. The Court held today that Title VII’s…more
| Civil Procedure, Civil Rights, Labor & Employment Law

New Employer Requirements for Pregnancy, Personnel Files

The Colorado legislative session wrapped up on Wednesday, May 11, and as expected, the vast majority of labor and employment bills failed to pass into law. However, employers are likely to have two new obligations to their…more
| Civil Rights, Elections & Politics, Labor & Employment Law

SCOTUS Dodges EEOC Fee-Shifting

This morning, the Supreme Court dodged the final resolution of an issue we have all been dying to have resolved, but threw a nice bone to employers in the process. CRST Van Expedited, Inc. v. EEOC The case started when the EEOC…more
| Civil Procedure, Civil Remedies, Civil Rights, Labor & Employment Law

Labor & Employment Advisory: New Overtime Regulations Announced

Under the Federal wage and hour law, the Fair Labor Standards Act (FLSA), non-exempt workers are required to be paid overtime pay – 1.5 times their regular rate – for all hours worked in excess of forty (40) in a week There are…more
| Labor & Employment Law

New Overtime Pay Minimum Salary Doubles

$47,500 is the new minimum annual salary level ($914/week) for the white collar overtime exemption, according to an announcement [expected later] this week by the Department of Labor. This more than doubles the current minimum…more
| Labor & Employment Law

Prevent Computer Fraud – 1 Tip

In TripleTree, LLC v. Walcker, the employer sued its former employee under the federal Computer Fraud and Abuse Act (“CFAA”) based on the employee’s accessing certain confidential and proprietary information on the company’s…more
| Business Torts, Commercial Law & Contracts, Labor & Employment Law
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