Judge Strikes Parts of DOL Regs on Emergency FMLA Expansion

By Bill Wright Today, a U.S. District Court judge ruled that parts of the Department of Labor regulations on Emergency FMLA Expansion are contrary to statute. The ruling was part of a dispute between the State of New York and the Trump administration. New York argued that the DOL regulations improperly limited the employees eligible […]

Paid Sick Leave Becomes Permanent in Colorado

Brooke Colaizzi During the COVID-19 pandemic, both the federal and Colorado state governments used some form of paid sick leave as a tool to help employees through illness, medical treatments, and school and daycare shutdowns. Now, paid sick leave is a permanent requirement for employers in the state of Colorado. On July 14, Governor Polis […]

Supreme Court Re-Asserts “Ministerial Exception”

Bill Wright The U.S. Supreme Court (“the Court”) today re-emphasized the “ministerial exception” to discrimination laws. The “ministerial exception” is a court-created doctrine that prevents the U.S. courts from becoming entangled in the internal governance and doctrines of religious organizations. In 2012, in Hosanna-Tabor Evangelical Lutheran Church and School v. USOC, the Court had affirmed […]

LGBTQ-Discrimination Decision: What It Means for Religious Employers

By John Melcon In a recently published article, John Melcon (who will be joining Sherman & Howard’s Nonprofit Group later this year) discusses the implications of Bostock decision on religious employers.  “The Supreme Court recently ruled in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination on the basis […]

The NLRB Finally Cancels Pre-Disciplinary Bargaining

By Patrick Scully In a long-awaited move, the National Labor Relations Board (“NLRB” or “Board”) overruled the Obama Board’s decision in Total Security Management Illinois 1, LLC, 364 NLRB No. 106 (2016) (“Total Security“), and concluded that an employer does not have to bargain individual disciplinary decisions with a newly certified labor organization. As the […]

Supreme Court Rules Title VII Protects L.G.B.T.Q. Employees

By Joseph Hunt In a landmark decision on workplace discrimination, the Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation and transgender status. The vote was 6-3, with Justice Gorsuch writing the majority opinion, which was joined by Chief Justice Roberts and Justices Ginsburg, Breyer, […]