Sherman & Howard L.L.C.

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633 Seventeenth Street
Suite 3000
Denver, CO 80202, United States
Phone: 303.297.2900
Fax: 303.298.0940
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
  • New Mexico
Number of Attorneys
100+ Attorneys

OSHA Grants Brief Reprieve on Silica Enforcement

On September 20, 2017, OSHA’s Acting Deputy Assistant Secretary issued a memorandum to Regional Administrators on the new Respirable Crystalline Silica in Construction Standard, which becomes effective September 23, 2017. In…more
 /  Construction Law, Labor & Employment Law

Unclear Writing Creates ERISA Liability

An employer breached its fiduciary duty under ERISA by failing to inform benefit plan participants of the covered health insurance benefits in terms a reasonable person would understand. The employer was the plan administrator,…more
 /  Labor & Employment Law

EEOC Ain’t Over ‘Til It’s…Forever

The Seventh Circuit recently condoned an EEOC practice that dramatically inhibits the private settlement of employment discrimination lawsuits. Two Union Pacific employees filed an EEOC charge. The EEOC provided a Notice of…more
 /  Civil Rights, Labor & Employment Law

Employers Must Start Using New Form I-9 on September 18

Beginning September 18, 2017, every U.S. employer must begin using the new Form I-9, “Employment Eligibility Verification.” The new Form contains no significant changes and both employers and employees will find it quite similar…more
 /  Immigration Law, Labor & Employment Law

♫Let It Go, Let it Go♫

When most people think of employment law problems arising from the use of social media, they envision irresponsible employees taking to the internet to rant about their employer. However, a recent case out of Oregon shows that…more
 /  Communications & Media Law, Labor & Employment Law

Racist Picket Conduct Protected

The NLRB holds – famously now – that sexist and racist conduct on a picket line is protected from adverse action unless the conduct is also violent and coercive. Despite a shot across its bow in Consolidated Communications, Inc…more
 /  Labor & Employment Law

UPS Delivers Cautionary Tale

Maximum leave policies are ubiquitous. These policies typically state that an employee who does not/cannot return from leave within a specified period (e.g. 12 months) will be discharged. Last year the EEOC issued “guidance”…more
 /  Civil Rights, Labor & Employment Law

Epic NLRB Benchslap

An agreement between the UFCW and the Fred Meyer grocery store chain restricted the union’s ability to visit with store employees in public view. But things went south when the UFCW declared war on Fred Meyer. Some eight union…more
 /  Labor & Employment Law

NLRB’s “Biggest Idiot” Test Benchslapped

The NLRB analyzes employer policies to see if the policies “chill” employees’ rights to engage in concerted protected activity under the NLRA. The NLRB says it applies a “reasonable person” test, which asks “would a reasonable…more
 /  Labor & Employment Law

Respond to Employee Restraining Orders

An employer will face a trial on whether it negligently supervised an employee’s co-worker. The two workers had a relationship that ended when the man sexually assaulted the woman in her home. After trips to the emergency room…more
 /  Labor & Employment Law

Food and Beverage Alert: FDA Withdraws Food Coloring Draft Guidance

The Alcohol and Tobacco Tax and Trade Bureau (TTB) reminded industry members last week that they must comply with TTB and Food and Drug Administration (FDA) requirements concerning food additives. In particular, the TTB noted..…more
 /  Products Liability

It’s Reasonable to Employ Marijuana Users

A requested accommodation for a disability is not unreasonable as a matter of law just because it is illegal under federal law, says the Massachusetts Supreme Judicial Court in a recent case. As applied there, the result is…more
 /  Civil Rights, Labor & Employment Law

Grudges Are Forever

Even a gap of five years between protected conduct and an adverse action isn’t enough to show the two are not connected. In Baines v. Walgreen Co., No. 16-3335 (7th Cir. July 12, 2017), the plaintiff had worked for the employer…more
 /  Civil Rights, Labor & Employment Law

Disparagement Doesn’t Require Malice

The NLRB recently has upheld some of the most outrageous employee conduct because it viewed the conduct to be part and parcel of “protected, concerted activity”. An egregious example of this trend was the NLRB’s finding that a…more
 /  Civil Rights, Franchise Law, Labor & Employment Law

OSHA Update: OSHA Proposes Extended Deadline for Electronic Filing of Injury and Illness Reports

On June 28, 2017, OSHA proposed a five-month extension for certain employers to electronically file their 2016 OSHA 300A Annual Summary Forms with OSHA. The deadline is currently set to arrive on July 1, 2017. As proposed, the…more
 /  Labor & Employment Law
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