Texas Keeps Messin’ With EEOC

By John Alan Doran Yesterday the Fifth Circuit benchslapped the EEOC in a case involving the agency’s criminal history “guidance.” State of Texas v. EEOC, No. 14-10949 (5th Cir. June 27, 2016).  We previously blogged about the State of Texas’ lawsuit challenging the EEOC’s “Enforcement Guidance” on criminal background hiring exclusions. As the lawsuit explained, […]

Enforcing Persuader Rule Enjoined

By Bill Wright The U.S. District Court for the Northern District of Texas has enjoined the Department of Labor from enforcing its new Persuader Rule. In the Persuader Rule, the DOL reversed its position on when attorneys who provide “advice” to employers faced with labor organizing campaigns in fact engaged in persuader activities subject to […]

SCOTUS Gives Fed Contractors Mixed Bag

By John Alan Doran Last week the U.S. Supreme Court issued an opinion that refines and re-defines liability for contractors accused of defrauding the Federal Government under the False Claims Act (“FCA”) in Universal Health Services, Inc. v. U.S.  The FCA creates broad, punitive remedies against contractors who defraud the Federal Government by seeking payment under […]

DOL Fumbles…SCOTUS Punts

By John Alan Doran This morning the U.S. Supreme Court issued its latest decision (read, “non-decision”) in Encino Motorcars, LLC v. Navarro. The case involves a decades-old question of whether auto dealership “service advisors” are exempt under a specific FLSA overtime exemption covering any “salesman, partsman, or mechanic…engaged in selling or servicing automobiles, trucks, or […]

Chambers 2016: S&H Attorneys Recognized

A sincere thank you to our clients who recognized S&H’s L&E group in the 2016 Chambers USA rankings. According to Chambers, Sherman & Howard’s Labor & Employment group is “A thriving practice that retains its stellar reputation as a go-to firm for handling a range of labor and employment matters on behalf of employers. Noted for […]

New Sex Discrimination Regs Published

By Brooke Colaizzi Today the U.S. Department of Labor’s Office of Federal Contract Compliance Programs published its final rule to update its Sex Discrimination Guidelines, expressing its intent to bring the outdated 1970 guidance in line with existing law. The regulations focus on five main sex discrimination issues in the workplace: sex-based occupational segregations, wage […]

Latest NLRB Power-Grab Benchslapped

By John Alan Doran In another setback for the NLRB, a federal appeals court ruled recently that the NLRB lacks the authority to impose adverse attorneys’ fees awards against employers in Board proceedings.  HTH Corporation v. NLRB  The case involved a serious and serial violator of the NLRA, according to the Board and multiple courts. In […]