Legal News

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.

Can you get sued for defamation because you conduct an internal investigation? It depends on who you tell and what you say. In Warren v. Federal National Mortgage Assoc., a Texas court ruled in favor of the employer on a former employee’s defamation...By: Sherman & Howard L.L.C.

In its first significant decision applying the Supreme Court’s holding in Epic Systems v. NLRB, 584 U.S. ____, 138 S.Ct. 1612 (2018), the National Labor Relations Board (“NLRB” or “Board”) ruled that a restaurant owner lawfully compelled its...By: Sherman & Howard L.L.C.

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 required termination...By: Sherman & Howard L.L.C.

In a case with a truly byzantine court history, Texas v. EEOC, Texas has once again prevailed in striking down the EEOC’s “guidance” on employer use of arrest and conviction records. Way back in 2012, the EEOC issued “guidance” making it extremely...By: Sherman & Howard L.L.C.