Join Us for Our Complimentary Annual Labor & Employment Seminar!
We recommend our seminar to employers, HR professionals, and inhouse counsel to learn about best practices and the latest updates to Labor & Employment law....more
9/11/2023
/ Artificial Intelligence ,
Best Practices ,
Colorado ,
Continuing Legal Education ,
Diversity ,
Employer Liability Issues ,
Employment Litigation ,
Employment Practices Liability Insurance (EPLI) ,
Events ,
Family Medical Leave ,
Federal Labor Laws ,
Human Resources Professionals ,
Joint Employers ,
OSHA ,
Reasonable Accommodation ,
Restrictive Covenants ,
State Labor Laws ,
Workplace Safety
TikTok’s use of “independent contractors” to review potentially problematic content will not protect the company from possible liability for the “psychological injury” that work is alleged to have caused. If anything, it may...more
Although Colorado’s Healthy Families and Workplaces Act (“HFWA”) has not been amended by the legislature since it was passed in mid-2020, the Colorado Department of Labor and Employment’s (“CDLE”) interpretation of that law...more
Our Decades-Old Tradition Returns In Person!
Join us to learn about the latest updates and best practices for employers, in-house counsel, and HR professionals.
Among the topics during this year’s general session are a...more
9/29/2022
/ Best Practices ,
Continuing Legal Education ,
Corporate Counsel ,
Employee Monitoring ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Employment Litigation ,
Environmental Social & Governance (ESG) ,
Events ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Human Resources Professionals ,
Immigration and Customs Enforcement (ICE) ,
NLRB ,
Remote Working ,
State Labor Laws ,
Work Visas
Join us for a review of important state-level legal changes and trends affecting employers, including a look back at recent developments you may have missed....more
On June 14, 2021, the long-awaited decision was issued by the Colorado Supreme Court in Nieto v. Clark’s Market. The Colorado Supreme Court has now definitively ruled that under the Colorado Wage Claim Act employers must pay...more
Join Sherman & Howard for our annual Construction Law Seminar, featuring presentations on the latest legal developments facing the industry. This virtual seminar is ideal for general contractors, subcontractors, real estate...more
1/29/2021
/ Architects ,
Biden Administration ,
Construction Contracts ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Continuing Legal Education ,
Contract Claims ,
Contract Drafting ,
Contract Negotiations ,
Corporate Counsel ,
General Contractors ,
Government Officials ,
Indemnification ,
Insurance Industry ,
Labor Regulations ,
OSHA ,
Real Estate Development ,
State and Local Government ,
Subcontractors ,
Webinars
On December 23, 2020, the Division of Labor Standards and Statistics in the Colorado Department of Labor and Employment (CDLE) adopted temporary or emergency rules concerning the Healthy Families and Workplaces Act (HFWA) as...more
The importance of a thorough, independent investigation prior to taking adverse employment action was reaffirmed this week by the Fifth Circuit in Brown v. Walmart. Brown sued her employer, Walmart, for retaliation when she...more
“The ADA is not a weapon that employees can wield to pressure employers into granting unnecessary accommodations or reconfiguring their business operations.” The Sixth Circuit reaffirmed this fact in Tchankpa v. Ascena Retail...more
On January 7, 2020, the U.S. Department of Labor (“DOL”) issued a new Opinion Letter on “nondiscretionary” bonuses. When a bonus is offered to employees “to induce them to remain” with the company, the DOL considers the...more
The Sixth Circuit reminds all employers to carefully review even “no fault” attendance policies for FMLA compliance. Dyer v. Ventra Sandusky, LLC. The employer used a collectively bargained, no-fault, attendance policy that...more
Did the car hit the employee or the employee hit the car? This is not the beginning of a logic problem – it’s the question one employer recently encountered when investigating a “he-said, he-said” workplace dispute. Based on...more
For those of you who were able to join us for Sherman & Howard’s Construction Law seminar earlier this month, you may remember our warnings about making sure your company is properly classifying and paying its employees. In...more
Thursday the Department of Labor (”DOL”) issued three new opinion letters, two of which warrant a quick note. One provided guidance regarding the Family Medical Leave Act (“FMLA”), and the other addressed the Fair Labor...more
U.S. Courts of Appeals are split over whether Title VII prohibits discrimination on the basis of sexual orientation and/or transgender status. A judge on the Fifth Circuit Court of Appeals recently offered his explanation for...more
Many employment-related statutes require employers to provide “clear and conspicuous” communications to employees. The Ninth Circuit’s decision last week in Gilbert v. Cal. Check Cashing Stores (“CCCS”), No. 17-16262,...more
Last term, in Epic the Supreme Court ruled the National Labor Relations Act (“NLRA”) is not a “get out of arbitration free” card. Individual employees who sign an appropriate arbitration agreement can be compelled to...more
The Ninth Circuit recently reminded employers to keep state statutes regarding lawful off duty work in mind. R.C. Willey had a policy prohibiting employees from arriving at work with a blood alcohol level above .04%. When an...more
The United States Supreme Court gave plaintiffs an undisputed win on Monday when it decided Artis v. District of Columbia. In a 5-4 decision, the Court held that when a plaintiff brings both state and federal law claims in...more
1/29/2018
/ Artis v District of Columbia ,
Dismissals ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
SCOTUS ,
State Law Claims ,
Statute of Limitations ,
Supplemental Jurisdiction ,
Time-Barred Claims ,
Tolling
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...more
In Dunderdale v. United Airlines, the employee suffered from a back injury that prevented him from performing any heavy lifting. The employer assigned him to a light duty position – sitting at a computer scanning bags as they...more
The NLRB says its 2007 decision in Register Guard was “clearly incorrect.” Employers cannot prohibit employee use of employer email for union and other protected communications. In other words, employer policies that...more
The NLRB has adopted comprehensive changes to the procedures for representation elections under the NLRA. Some changes, such as the ability to file documents electronically, clearly bring Board election procedures into this...more