By Matt Hesketh The Arizona Supreme Court recently ruled that the Arizona Medical Marijuana Act allows cardholders to possess and use marijuana resin and extracts, including forms with concentrated levels of THC like hashish. Although the case involved a criminal prosecution, the takeaway for employers is that AMMA’s protection extends beyond dried marijuana flowers to […]
Category: Miscellaneous
In a Goldilocks-Esque Decision, the Eleventh Circuit Finds a “Similarly Situated in all Material Respects” to Be Just Right
By Amy Knapp What does it mean within the context of the McDonnell Douglas burden-shifting framework for a plaintiff to show she was treated less favorably than other “similarly situated” individuals? The U.S. Court of Appeals for the Eleventh Circuit has cleared up this oft-debated aspect of a plaintiff’s prima facie burden in Lewis v. […]
Moonlighting Police Officers Are Not Independent Contractors
By James Korte Even the courts have noticed that U.S. workers often hold more than one job. Yesterday the Sixth Circuit Court of Appeals held that police officers who worked second jobs as security guards or directing traffic were not independent contractors, but actual employees of the security company. The police officers typically worked full-time […]
Dear Santa
John Alan Doran Dear Santa, We all got together and put together our wish-list for your visit. We realize it’s been a fascinating year on the Labor & Employment front. And we don’t want to seem greedy (and end up on the naughty list) in light of all the recent developments in Labor & Employment […]
Admitting Agency Status May Limit Claims
By Ted Olsen When an employee injures someone, the employer might be sued based on the employee’s conduct within the scope of his/her employment (“respondeat superior” liability), or the employer might be sued for its own conduct, or both. A recent Colorado Supreme Court decision created a new rule of law to simplify this kind […]
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 […]
S&H Lawyers Dish On 2015
Click here to read the Wolters Kluwer article “2015 Review-2016 Forecast: Federal Agencies on the Move.” […]
Our Top 5 Requests for Santa
Dear Santa: We’ve been very good management-side labor and employment lawyers this year. We have fought zealously for our clients and won big cases throughout the country. We have returned client calls in a timely manner and provided practical, effective legal advice. We have contributed to the development of labor and employment law nationally and […]
Re-Claiming Credit
By Bill Wright When an employee leaves and sets up a competing business, may he or she claim experience for work done by the former employer? The Seventh Circuit recently considered whether an architect – a former employee of a firm – is entitled to advertise his personal experience “designing” the firm’s high profile projects. […]
Federal Contractors Beware – Part 3
By Lori Wright Keffer Federal contractors beware. More changes are coming your way, again. On July 31, 2014, President Obama issued an executive order titled the “Fair Pay and Safe Workplaces Executive Order”. First, the order requires companies to disclose to the Government any labor law violations arising within the past three years before securing […]