Legal News

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.

In Expeditors and Production Service Company, Inc. v. Director, OWCP (Garrick Spain), No. 18-60895 (5th Cir. Nov. 4, 2019)(not to be published), the United States Court of Appeals for the Fifth Circuit affirmed the lower administrative rulings...By: King & Jurgens, L.L.C.

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.

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.

A company providing services to the Colorado marijuana industry recently moved to dismiss an employee’s claims under the Fair Labor Standards Act. The company argued that the court lacked jurisdiction over the claim because marijuana is an unlawful...By: Sherman & Howard L.L.C.

Nearly three years after employers scrambled to review and adjust worker salaries ahead of anticipated increases in the required weekly salary for exempt employees, only to have the new rule stayed at the last minute, the U.S. Department of Labor has...By: Sherman & Howard L.L.C.

The National Labor Relations Board (“NLRB” or “Board”) has settled a long-brewing controversy over what constitutes “discrimination” with respect to non-employee access to employer property. Twenty years ago, the Board held in Sandusky Mall, 329...By: Sherman & Howard L.L.C.

Effective September 1, 2019, the Colorado Chance to Compete Act (HB 19-1025) will “Ban the Box.” “Ban the box” refers to the checkbox on job applications where applicants must reveal if they have been convicted of a felony. With this Act, applicants...By: Sherman & Howard L.L.C.

Race under Title VII is often framed as an “immutable characteristic.” Yet courts struggle with the notion that expressions of identity and culture can be extensions of race. Hair is a good example. One’s hair may be part of one’s racial identity,...By: Sherman & Howard L.L.C.

The National Labor Relations Board (“NLRB” or “Board”) has reversed one of the Obama Board’s most fiercely debated decisions and held that a property owner may lawfully prohibit the employees of a contractor or licensee from leafletting on its...By: Sherman & Howard L.L.C.