Websites Must Be Accessible

By Ted Olsen So you’ve been waiting for those website accessibility regulations promised by the Department of Justice almost FIVE YEARS ago? Wait no longer. The Department of Justice recently filed briefs indicating its position: If you are a “public accommodation” under the ADA or the Rehabilitation Act, and you have a website, all the […]

DOL Says Employers Are Morons

By John Alan Doran Okay, that’s not what the DOL said exactly. But the DOL did say today that companies far and wide are just wrong on which workers are employees and which are independent contractors for purposes of the FLSA. In an “Administrator’s Interpretation,” the DOL today re-asserted that it believes almost all individuals […]

WEBINAR – DOL Proposed Overtime Regulations

Sherman & Howard’s Labor & Employment Practice Group invites you to attend a complimentary webinar presented by Andy Volin and Doug Towns on Wednesday, July 29, 2015 On June 30, the U.S. Department of Labor released long awaited, new, proposed regulations for the overtime exemptions under the Fair Labor Standards Act for “white collar” employees. […]

Common Sense Trumps NLRB, For Once

By Patrick Scully If the NLRB has a consistent adversary, it is common sense. And so, it was a bad sign for the NLRB when the District of Columbia Circuit Court of Appeals began its review of a recent NLRB Order with the following line: “Common sense sometimes matters in resolving legal disputes.” The NLRB […]

Confined Spaces Standard Delayed

By Pat Miller OSHA has delayed enforcement of its new confined spaces in construction standard for employers making “good faith” efforts to comply. Click here for our OSHA Update on the issue. […]

Court Order Trumps Board

By Bill Wright What happens when the NLRB says an arbitration agreement is illegal, but a court enforces the agreement anyway? Four plaintiffs recently found out. In Hobson et al. v. Murphy Oil USA, Inc., No. CV-10-S-1486-S (N. D. Ala. July 8, 2015), the plaintiffs brought a collective action, for themselves and others, seeking unpaid […]

Another Mini-Dukes Action Revived

By Andy Volin Current and former women employees of Wal-Mart recently won big in the Sixth Circuit in their mini-Dukes discrimination class action. The trial court had ruled that the class action was filed too late, but the court of appeal revived the claim. Phipps v. Wal-Mart Stores, Inc., No. 13-6194 (6th Cir. July 7, […]