Sherman & Howard L.L.C.

Employee Benefits Advisory: White House Orders Review of DOL Final Fiduciary Rule

On February 3, 2017, President Donald J. Trump issued a Presidential Memorandum ordering the US Department of Labor (DOL) to conduct a full review of its final fiduciary rule and related guidance, anticipated to go into effect…more
| Elections & Politics, Finance & Banking, Labor & Employment Law, Securities Law

Cheerleaders Slam NFL with Suit

Just before the Big Game, a former cheerleader for the San Francisco 49ers “Gold Rush Girls” filed a class action lawsuit against the NFL, claiming the league conspired to keep the female athletes’ pay below market value…more
| Art, Entertainment, & Sports Law, Civil Rights, Labor & Employment Law

Public Finance Advisory: IRS Releases Clarifying Management Contracts Rules

For the third time in as many years, the Internal Revenue Service (the “IRS”) has issued guidance for determining whether a management contract will result in private business use for property financed with governmental or…more
| Commercial Law & Contracts, Nonprofit Law, Taxation

IRS Relaxes Rules on Use of Forfeitures to Fund Safe Harbor Contributions and QNECs to 401(k) Plans

The IRS recently issued welcome guidance for sponsors of 401(k) plans. On January 18th, the IRS issued proposed regulations that permit forfeitures to be used to fund the employer’s safe harbor contributions, qualified…more
| Finance & Banking, Labor & Employment Law, Taxation

FCRA Disclosure Revisited

In these unsettled days of a new administration, it is almost soothing to see the courts focus on statutory language alone. Almost. The Fair Credit Reporting Act (“FCRA”) requires that, before a prospective employer (or its…more
| Commercial Law & Contracts, Consumer Protection, Finance & Banking, Labor & Employment Law

Government Contractors: Time to Ditch Those Confidentiality Agreements

On January 19, 2017, a new Federal Acquisition Regulation (“FAR”) went into effect prohibiting the government from contracting with companies that utilize confidentiality agreements that restrict employees or subcontractors from…more
| Government Contracting

Site-Specific Disability?

Does the ADAAA allow an employee to claim that she is disabled-in-a-particular-place or with-a-particular-supervisor, and otherwise not disabled? A California federal court judge opened the door to such claims by denying summary…more
| Civil Rights, Labor & Employment Law

SCOTUS To Decide Class Action Waivers

The Supreme Court has agreed to resolve the simmering dispute between the NLRB and (essentially all) employers over class action waivers. The NLRB has maintained in a number of cases that employers may not enforce arbitration…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Time to Prepare H-1B Petitions

April 1, 2017 will be here before you know it. That’s the date when the annual H1-B quota becomes available and employers nationwide compete for the coveted 3-year work authorizations which will be effective October 1, 2017. If…more
| Immigration Law, Labor & Employment Law

Are Individually Designed Retirement Plans Destined to Become Dinosaurs?

The Impact of Changes to the IRS Determination Letter Program - This January 2017 will see the last regular IRS determination letter applications filed for individually designed retirement plans. After this final Cycle A…more
| Finance & Banking, Labor & Employment Law, Taxation

New I-9 Mandatory On 1/22/2017

Use of the new version of Form I-9, Employment Eligibility Verification (dated 11/14/2016) becomes mandatory beginning Sunday, January 22, 2017. The 3-page Form is now separate from its 15-page instructions…more
| Immigration Law, Labor & Employment Law

Real Estate Advisory: Canada Revenue Agency Announces Changes to Treatment of U.S. LLLPs and LLPs

The Canada Revenue Agency (CRA) recently announced a change in the treatment of U.S. limited liability limited partnerships and U.S. limited liability partnerships (the “Entity Types”) for Canadian tax purposes. For Canadian…more
| Business Organizations, International Law & Trade, Taxation

Disparate Impact Threat Can Set Policy

A recent disparate impact claim over drug testing sets the stage for participants to dictate improvements in employer policies. In Jones et al v. Boston, No. 15-2015 (1st Cir. Dec. 28, 2016), the court considered claims by…more
| Civil Rights, Constitutional Law, Labor & Employment Law

Employer Duty to Record Injuries and Illnesses Extended to Five Years

On December 19, OSHA issued an amendment to its injury and illness recordkeeping regulation. The change states that an employer’s duty to make and maintain accurate records of work-related injuries and illnesses is an ongoing…more
| Civil Procedure, Labor & Employment Law

DOL Brief Argues Against Injunction

As we all know, a federal judge blocked the Final Rule from the Department of Labor (“DOL”) that would have roughly doubled the salary threshold for executive, administrative and professional exempt employees. Now, the DOL has…more
| Civil Procedure, Civil Remedies, Labor & Employment Law
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Denver, CO 80202, United States

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100+ Attorneys

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