Sherman & Howard L.L.C.

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

  • 303.297.2900
  • 303.298.0940

The Boss Just Wanted to Help

Assuming that psychological counseling might be a “medical examination” under the ADA, when may an employer require an employee to get counseling as a condition of continued employment? A recent 6th Circuit case provides some…more
| Civil Rights, Labor & Employment Law

False Filing Still Protected

A policy against making bad faith complaints of discrimination or harassment is no protection for an employer. Recently, an employee – jointly employed by the Army and a private employer – filed a complaint of age…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Federal Contractors Beware – Part 4

On August 6, 2014, the Office of Federal Contract Compliance Programs (OFCCP) released a proposed rule requiring federal contractors to provide “summary” compensation data, as instructed by President Obama in his April 8, 2014…more
| Civil Rights, Labor & Employment Law, Government Contracting

OSHA Update: Legal Privileges Can Shield Accident Reports and Safety Audits from Disclosure

Written accident and incident investigations, as well as comprehensive safety and health compliance audits, are essential components of an effective safety and health program. Unfortunately, OSHA has often pursued accident…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

You’re on Leave — Return Receipt Requested

An employee over-extends her FMLA leave and the employer declines to reinstate her. The employee exclaims that she never knew she was on FMLA – short term disability, sure, but not FMLA…more
| Civil Procedure, Labor & Employment Law

Update: SEC Extends Deadline for Issuers to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative to December 1, 2014

The Securities and Exchange Commission (SEC) has extended the deadline for issuers and obligors to self-report potential violations of their continuing disclosure obligations from the original deadline of September 10, 2014 to…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Class Arbitration–A Gateway Issue for the Court

In Opalinski v. Robert Half International, Inc., No. 12-4444 (3d Cir. July 30, 2014), former employees brought claims on behalf of themselves and others against Robert Half International (“RHI”) for unpaid overtime. The…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Federal Contractors Beware – Part 3

Federal contractors beware. More changes are coming your way, again. On July 31, 2014, President Obama issued an executive order titled the “Fair Pay and Safe Workplaces Executive Order”. First, the order requires companies to…more
| Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law, Government Contracting

Should Bergdorf’s Tell Macy’s?

In a peculiar spin on the old line “would Macy’s tell Gimbel’s,” the NLRB unanimously rejected a micro bargaining unit at retailer Bergdorf Goodman only a week after it approved a somewhat similar micro bargaining unit at…more
| Labor & Employment Law

Supreme Court Unanimously Rejects Special "Presumption of Prudence" For Investment in Employer Stock

In the past, fiduciaries of employee stock ownership plans (ESOPs) and other defined contribution plans that invest in employer stock generally have been able to rely on a special “presumption of prudence” in court when…more
| Civil Procedure, Labor & Employment Law, Finance & Banking, Business Torts, Securities Law

Micro Bargaining Units Headed to Retailers

The NLRB has affirmed the certification of a micro bargaining unit at a Macy’s retail store. Macy’s Inc. and Local 1445, UFCW, 361 NLRB No. 4 (July 22, 2014) The certified unit consists solely of roughly 40 cosmetics and…more
| Labor & Employment Law

Federal Contractors Beware – Part 2

Federal contractors beware. More changes are coming your way. On July 21, 2014, President Obama issued an executive order prohibiting discrimination by federal contractors on the basis of gender identity and sexual orientation…more
| Civil Rights, Labor & Employment Law, Government Contracting

Reminder: September 9th Effective Deadline for Issuers and Underwriters to Participate in SEC’s Municipalities Continuing Disclosure Cooperation (MCDC) Initiative

If your organization has participated in a municipal bond or other municipal security financing in the past five years, you should be aware of the Securities and Exchange Commission’s (“SEC”) Municipalities Continuing Disclosure…more
| Commercial Law & Contracts, Finance & Banking, Securities Law, Nonprofit Law

New EEOC Guidance on Pregnancy Discrimination

On July 14, the EEOC issued “Enforcement Guidance on Pregnancy Discrimination and Related Issues” along with a Q&A document about its Guidance, and a Fact Sheet for Small Businesses…more
| Civil Rights, Labor & Employment Law

Class Claim Arbitration Waivers Win Big in Ninth Circuit

In two cases from the Ninth Circuit Court of Appeals on June 23, 2014, arbitration agreements won big on the class-claims waiver issue. This is good news for the employers operating in the Ninth Circuit, and California in…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law
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Areas of Practice
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Finance & Banking
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Real Estate
  • Taxation
  • Wills, Trusts, & Estate Planning
Locations
Other U.S. Locations
  • Arizona
  • Colorado
  • Georgia
  • Missouri
  • Nevada
Number of Attorneys

100+ Attorneys

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