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Archive by tag: Sherman & Howard L.L.C.Return

The Holidays Came Early For Employers

Employers rejoice! The National Labor Relations Board (NLRB) released a string of rulings on Monday reversing three controversial Obama-era decisions. With these rulings, the NLRB returned to long-standing rules in areas of significance prior to the...By: Sherman & Howard L.L.C.
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Sherman & Howard L.L.C. | Dec 20,2019 |

Personal Journal May Be Protected Activity

In Fischer v. Sentry Ins. A Mutual Co., an employee kept a log of when she felt sexually harassed or discriminated against by her employer. The log went missing shortly before the company fired her. In her retaliation complaint, the employee...By: Sherman & Howard L.L.C.
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Sherman & Howard L.L.C. | Dec 18,2019 |

State Law Overtime Calculation Prevails Over Established Federal Method

In November 2019, the Pennsylvania Supreme Court looked at the conflict between federal and state law concerning the calculation of overtime compensation for non-exempt salaried workers. The Court ruled that although federal law explicitly adopted...By: Sherman & Howard L.L.C.
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Sherman & Howard L.L.C. | Dec 13,2019 |

Lethal Danger Needed To Invoke Wrongful Discharge Claim

Zero tolerance against workplace violence is a laudable policy. So too is encouraging employees to withdraw to safety when encountering workplace violence. Thus, when two employees get into a fight, a rational response (and one consistent with these...By: Sherman & Howard L.L.C.
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Sherman & Howard L.L.C. | Dec 04,2019 |

Department Of Labor Proposes New Default Electronic Disclosure Safe Harbor

On October 23, 2019, the Department of Labor (“DOL”) released proposed regulations titled “Alternative Method for Disclosure Through Electronic Media – Notice and Access.” The regulations propose a new alternative safe harbor for the electronic...By: Sherman & Howard L.L.C.
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Sherman & Howard L.L.C. | Nov 25,2019 |

Proposed Replacement For Colorado Minimum Wage Order Promises Big Changes For Employers

The Colorado Department of Labor and Employment’s Division of Labor Standards and Statistics has released its proposed replacement for the annual Colorado Minimum Wage Order, and if adopted, it will bring significant changes to Colorado employers’...By: Sherman & Howard L.L.C.
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Sherman & Howard L.L.C. | Nov 21,2019 |

EEOC Weighs In On NLRB Protections For Offensive Statements

Recently, the National Labor Relations Board (“NLRB”) invited the public to file amicus briefs regarding the treatment of “profane outbursts and offensive statements of a racial or sexual nature.” Gen. Motors LLC & Charles Robinson, 368 NLRB No. 68...By: Sherman & Howard L.L.C.
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Sherman & Howard L.L.C. | Nov 12,2019 |

Policing Gender Stereotyping

A jury awarded a sergeant of the St. Louis County Police $19.9 million for his sexual orientation discrimination and retaliation claims in state court. Keith Wildhaber v. St. Louis County, Missouri, No. 17SL-CC00133 (Mo. Cir. Ct. 21st Cir. October...By: Sherman & Howard L.L.C.
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Sherman & Howard L.L.C. | Nov 08,2019 |

Employee Of Private Contractor A Public Employee??

The United States Court of Appeals for the Second Circuit has held that an employee of a private contractor enjoys the rights of a public employee with a “property interest” in his employment. The plaintiff was employed as a court security officer...By: Sherman & Howard L.L.C.
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Sherman & Howard L.L.C. | Oct 29,2019 |

Board Affirms Reasonable Employer Policies On Confidentiality And Media Contact

Last week, the National Labor Relations Board (“Board”) held that employer policies that prohibit disclosure of confidential and proprietary information, and certain media contact rules are lawful under the National Labor Relations Act (“NLRA”). LA...By: Sherman & Howard L.L.C.
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Sherman & Howard L.L.C. | Oct 18,2019 |
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