Matthew Morrison

Member

Denver, Colorado

Phone: 303.299.8431

Fax: 303.298.0940

mmorrison@shermanhoward.com

Education

  • Juris Doctor, University of Colorado School of Law, 2009
    • University of Colorado Law Review
    • Order of the Coif
  • Bachelor of Science in History, Technology and Society, summa cum laude, Georgia Institute of Technology, 2002

Matt is a talented litigator with a decade of experience advising and representing employers in a wide array of labor and employment matters.

From single-plaintiff actions to collective and class action lawsuits in federal and state courts, Matthew “Matt” Morrison’s experience includes defending employers in cases arising under Title VII, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), and other employment statutes. Successful at handling both trials and appeals, he also is skilled in early motion practice, achieving summary judgment dismissal in a number of significant cases.

Matt also represents employers before the federal Occupational Safety and Health Review Commission and state-plan occupational safety and health boards, and he advises employers on occupational safety and health compliance, Occupational Safety and Health Administration (OSHA) inspections and citations, and the development of safety and health programs.

Experience

  • Represented a Brazilian-owned meat-packing company in Nebraska against the Equal Employment Opportunity Commission (EEOC) and hundreds of Somali, Muslim employees and former employees claiming discrimination, failure to accommodate religious practices, and retaliation. Following dismissal of all of the EEOC’s claims after a Phase I trial, obtained dismissal of all remaining individual claims in Phase II. The court dismissed all remaining claims, including discrimination based on religion, race, and national origin; harassment; and retaliation.
  • Represented a multistate delivery logistics company in a class and collective action brought on behalf of hundreds of delivery drivers alleging they were misclassified as independent contractors. The team succeeded in enforcing a contractual arbitration clause and class/collective action waiver, thereby forcing the plaintiffs to pursue relief through individual arbitrations.
  • Represented a national temporary staffing agency in a nationwide class and collective action under the FLSA and various state laws alleging our client had failed to properly compensate employees for all hours worked, to provide the required meal and rest breaks, and took improper deductions from employees’ compensation. The plaintiffs have also alleged a Racketeer Influenced and Corrupt Organizations Act (RICO) claim alleging that our client’s purported failure to pay employees their full wages constituted deliberate and organized criminal activity, namely, time theft.
  • Represented a Brazilian-owned meat-packing company in Colorado against the EEOC and several hundred Somali, Muslim employees and former employees claiming discrimination, failure to accommodate religious practices, and retaliation. This is one of the largest, most complex, and longest-running examples of the EEOC’s ongoing effort to expand Title VII’s requirement that employers accommodate employees’ religious practices in the workplace. The team recently completed a four-week bench trial of the EEOC’s Phase I pattern or practice claims and achieved dismissal of all of the EEOC’s Phase I claims.
  • After a 12-day jury trial, obtained a complete defense verdict on behalf of an aviation services provider, defeating all claims brought by the EEOC and individual plaintiffs. The EEOC and the plaintiffs had alleged that the employer unlawfully refused to hire Muslim applicants, denied Muslim employees reasonable religious accommodations, and retaliated against Muslim employees.

Publications & Presentations

PUBLICATIONS

 

 

PRESENTATIONS

  • OSHA’s New Silica Guidance
    Sherman & Howard OSHA Update | December 2019
  • The Big 5: Back to the Basics
    Annual Colorado Labor & Employment Law Conference | May 2019
  • Risky Business: Using Alternative Arrangements with Your Workers
    Annual Colorado Labor & Employment Law Conference | May 2019
  • Top Ten Wage & Hour Traps Under the FLSA and Colorado Wage Claim Act
    Annual Colorado Labor & Employment Law Conference | May 2018
  • What Every Employer Should Know About Arbitration Agreements
    Annual Colorado Labor & Employment Law Conference | May 2017
  • OSHA Update: What to Expect From the Trump Administration
    Annual Colorado Labor & Employment Law Conference | May 2017
  • What Every Employer Needs to Know About Workplace Injuries
    Annual Arizona Labor & Employment Law Conference | April 2017
  • Enforcement Update
    Annual OSHA Seminar | September 2016
  • You Can’t Say That! Hiring Pitfalls and How to Avoid Them
    Annual Colorado Labor & Employment Law Conference | April 2015
  • OSHA Update
    Annual Colorado Labor & Employment Law Conference | April 2015
  • Proposed OSHA Standards
    Annual OSHA Seminar | December 2015

Highlights

  • Super Lawyers, “Colorado Rising Stars,” Colorado (2014-2019)