Sherman & Howard L.L.C.

Failure Under the HIPAA Security Rule Costs $2.14 Million

On October 18, 2016, the Department of Health and Human Services, Office of Civil Rights (“OCR”) announced a $2.14 million settlement with St. Joseph Health (“St. Joseph”), a non-profit integrated Catholic healthcare delivery…more
| Health, Privacy, Science, Computers, & Technology

Drivers For All Seasons

An Arizona-based employer filed for H-2B visas for seasonal low-skilled drivers. The season for the application was 9 months: Fall-Winter-Spring, based on the growing season and the season of high volume sales for produce…more
| Immigration Law, Labor & Employment Law

New Arizona Law Could Affect Homeowner Associations

Governor Ducey signed SB1350 on June 12, 2016, and it becomes effective January 1, 2017. The bill prohibits municipalities from restricting or regulating the ability of homeowners to use their property as vacation rentals and…more
| Commercial Law & Contracts, Elections & Politics, Real Estate - Residential

FLSA Hail Mary?

We have heard an extraordinary amount of commentary about the impending December 1, 2016 deadline for compliance with the new FLSA overtime regulations. One of the most troubling comments that appears to be gaining inexplicable…more
| Labor & Employment Law

Another Day, Another NLRB Benchslap

And so the saga of the runaway NLRB continues. Last Friday, the D.C. Circuit Court of Appeals, widely recognized as our nation’s leader in administrative law, issued a hard-hitting opinion sharply criticizing the NLRB for its…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

California Bans Out-of-State Law

California has passed a novel piece of employment law. New section 925 of the California Labor Code prohibits employers from requiring employees to sign an agreement that (a) forces the employee to litigate or arbitrate outside…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Elections & Politics, Labor & Employment Law

Court of Appeals Changes Calculation of Statute of Repose

Colorado law generally prohibits construction defect lawsuits against a construction professional brought “more than six years after the substantial completion of the improvement to the real property.” § 13-80-104, C.R.S. This…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance, Real Estate - Residential

NLRB Benchslap: Enabling Racism/Sexism

One highly-respected federal appeals court judge recently called the NLRB out for its history of condoning strike behavior that is racist and sexist. In Consolidated Communications, Inc. v. NLRB, No. 14-1135 (D.C. Cir. September…more
| Civil Rights, Labor & Employment Law

IRS Issues New Management Contract Safe Harbors

On Monday, August 22, the Internal Revenue Service (“IRS”) issued Revenue Procedure 16-44 (“Rev. Proc. 16-44”), which revises and expands the safe harbor provisions for long-term management contracts relating to property…more
| Commercial Law & Contracts, Government Contracting, Taxation

HR Abdicates Control

The Second Circuit Court of Appeals recently taught employers what can happen when Human Resources abandons an investigation half-way through. In Vasquez v. Empress Ambulance Serv., Inc., No,. 15-3239-cv (2d Cir. Aug. 29, 2016),…more
| Civil Rights, Labor & Employment Law

“Fair Pay and Safe Work Places” Rule Issued – Federal Contractors Beware!

On August 25, 2016, the federal government published sweeping new rules requiring contractors bidding on federal contracts to submit detailed information about their labor and employment violations as part of the bidding…more
| Government Contracting, Labor & Employment Law

NLRB Classifies TAs as Employees

The NLRB chose not to interfere with collegiate football. Northwestern University, Case 13-RC-121359 (August 17, 2015). Collegiate teaching assistants, though, are another thing. In Columbia University, Case 02-RC-143012…more
| Administrative Law, Education, Labor & Employment Law

Transgender Claim Meets Dress Code

The worlds of transgender versus religious rights collided hard recently when an EEOC action on behalf of a discharged transgender worker ran full force into a Religious Freedom Restoration Act (“RFRA”) defense, and the EEOC…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Ninth Circuit Strikes Class Arb Waivers

The Ninth Circuit Court of Appeals weighed in, today, on the propriety of class action arbitration waivers under the NLRA. The Court held that such waivers violate Sections 7 and 8 of the NLRA in the context of a pending FLSA…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Public Companies to Revise Employee Confidentiality and Severance Provisions

The Securities and Exchange Commission (“SEC”) issued two Cease and Desist Orders that dramatically change the landscape for employee contractual confidentiality provisions, as well as for employee waiver and release…more
| Administrative Law, Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law
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Denver, CO 80202, United States

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Areas of Practice
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