Legal News

The continued unfolding of the COVID-19 pandemic has already had a massive impact on the global economy and the economy of the United States. Businesses across almost every industry have been adversely impacted by the consequences of social...By: Sherman & Howard L.L.C.

In Aguilar et al. v. Management & Training Corp., 948 F.3d 1270 (10th Cir. 2020), the Tenth Circuit Court of Appeals ruled that the employer of a group of prison detention officers violated the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201–19, by...By: Sherman & Howard L.L.C.

It is a common scenario: An employee claims a particular supervisor causes too much stress, exacerbating a medical condition, and the employee requests reassignment as an accommodation. Must the employee be reassigned as a reasonable accommodation...By: Sherman & Howard L.L.C.

On Monday, January 27, Democratic Senator Robert Rodriguez introduced Senate Bill 20-138, A Bill for an Act Concerning Increased Consumer Protection for Homeowners Seeking Relief for Construction Defects. If passed, the bill could dramatically change...By: Sherman & Howard L.L.C.

It’s official: The Colorado Department of Labor and Employment’s Division of Labor Standards and Statistics (“Division”) has adopted its final formulation of the Colorado Overtime and Minimum Pay Standards (“COMPS” or “Order”) Order #36. The COMPS...By: Sherman & Howard L.L.C.

A former employee who transitioned to female during her employment brought claims of hostile work environment, discriminatory termination, and retaliation under Title VII. The complaint alleged multiple instances of coworkers and third parties...By: Sherman & Howard L.L.C.

Certain exemptions from employee rights to overtime premium pay require the employee to be paid on a salary basis or on a fee basis. On January 7, 2020, the U.S. Department of Labor (“DOL”) issued opinion letter FLSA2020-2 discussing a specific pay...By: Sherman & Howard L.L.C.

The Fifth Circuit recently affirmed summary judgment against an employee caught sleeping at his desk. A personnel manager for a security company suffered from Type II diabetes and had previously requested and received reasonable accommodations, but...By: Sherman & Howard L.L.C.

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 bonus to be...By: Sherman & Howard L.L.C.

At long last, the Setting Every Community Up for Retirement Enhancement Act of 2019 (the SECURE Act) has been signed into law. The SECURE Act results in many changes to qualified retirement plans, such as 401(k) plans, pension plans, 403(b) plans,...By: Sherman & Howard L.L.C.