Sherman & Howard L.L.C.

NLRB: Everyone’s a Joint Employer

In a widely dreaded reversal of more than 30 years of precedent, a majority of the NLRB found that an alleged joint employer does not have to actively “codetermine” or control terms and conditions of employment in order to be…more
| Labor & Employment Law

FCRA Tip: Keep Hands On

A federal trial court will conduct a trial on a Fair Credit Reporting Act claim because the employer streamlined its background check system. In this case, a bank used a third party service provider to conduct background checks…more
| Civil Procedure, Civil Rights, Finance & Banking, Labor & Employment Law

Board Penalizes Legal Argument

Previously, we described a court’s reaction when some plaintiff-employees tried to reinstate their collective wage claim in court using a belated NLRB order against class action arbitration waivers. (See: Court Order Trumps…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

Big Brother is Watching: Contractors Required to Report Labor Law Violations

Reminder to all clients who are federal contractors: the federal government will now consider a prospective contractor’s past labor law compliance in determining whether or not the contractor has the requisite “satisfactory…more
| Civil Rights, Government Contracting, Labor & Employment Law

The NLRB Chooses Not to Play

The NLRB has ruled on the representation petition for Northwestern University student football players. You’ll remember, last year, the NLRB’s Regional Director decided that student athletes who received grant-in-aid athletic…more
| Art, Entertainment, & Sports Law, Education, Labor & Employment Law

What’s the Alternative?

FEMA Employees sued when FEMA closed its Puerto Rico-based call center. The call center was originally a “temporary” center set up to address calls from Spanish-speaking victims of a hurricane. The leased facility was inadequate…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Employment-ish FHA Decision

Amid the headlines of last week’s Supreme Court decisions was one applying disparate impact analysis to claims under the Fair Housing Act “FHA”. Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project,…more
| Civil Rights, Construction Law, Labor & Employment Law, Real Estate - Residential, Taxation

Supremes Tell States Gay Marriage is Legal

Recently, the U.S. Supreme Court struck down state laws the prohibit gay marriage in Obergfell v. Hodges, No. 14-556 (June 26, 2015), First, the Court held that the Fourteenth Amendment requires a State to license a marriage…more
| Constitutional Law, Family Law, Labor & Employment Law, Taxation, Worker’s Compensation

Gov. Christie’s Cuts in N.J.’s Mandatory Public Pension Funding Found to be Legal

A recent study estimated that state public pension plans are underfunded by $4.7 trillion (yes, that’s a “T”). Ten states have plans in which less than 30-percent of benefit obligations are funded, and only three states have…more
| Commercial Law & Contracts, Constitutional Law, Elections & Politics, Labor & Employment Law, Finance & Banking

DOL to Double Salary Test

The DOL released its long-awaited Notice of Proposed Rulemaking to update the salary requirements for the FLSA’s white collar exemptions (e.g., executive, administrative, and professional employees). Some highlights of the…more
| Labor & Employment Law

A GINA Whodunit

Someone repeatedly defecated in the warehouse and the employer conducted an investigation. Two employees were at work at the time of the foul conduct; the employer ordered them to give a DNA sample – by submitting to a cheek…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Privacy

Website Accessibility: Department of Justice’s Filings in Lawsuits Give Warnings

For many years, the U.S. Department of Justice, an enforcer of the accessibility provisions (Title III) of the Americans with Disabilities Act, applicable to public accommodations, has dragged its feet on promulgating…more
| Administrative Law, Civil Rights, Communications & Media Law, Science, Computers, & Technology

DOL Says Employers Are Morons

Okay, that’s not what the DOL said exactly. But the DOL did say today that companies far and wide are just wrong on which workers are employees and which are independent contractors for purposes of the FLSA. In an…more
| Labor & Employment Law

OSHA Delays Enforcement Date of New Confined Spaces in Construction Standard

OSHA has issued a memorandum stating that it will delay enforcement of its new confined spaces in construction standard, which we discussed in our prior OSHA Update. The effective date for enforcement will now be October 2,…more
| Construction Law, Labor & Employment Law

Common Sense Trumps NLRB, For Once

If the NLRB has a consistent adversary, it is common sense. And so, it was a bad sign for the NLRB when the District of Columbia Circuit Court of Appeals began its review of a recent NLRB Order with the following line: “Common…more
| Labor & Employment Law
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