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Affirmative action comes to a hospital near you
  • Sherman & Howard LLC
  • USA
  • July 30 2013

Does the OFCCP have jurisdiction over hospitals that contract to provide medical services to members of the military? We hoped we were done with this


IRS issues guidance on delay of employer shared responsibility penalties and reporting requirements
  • Sherman & Howard LLC
  • USA
  • August 5 2013

On July 2, 2013, the Treasury Department made a surprise announcement that enforcement of the Employer Shared Responsibility Mandate, a provision of


Impact of health care ruling on employers: stay on course for compliance
  • Sherman & Howard LLC
  • USA
  • June 29 2012

On June 28, 2012, the United States Supreme Court issued its long-awaited decision on the constitutionality of the health care reform requirements of the Patient Protection and Affordable Care Act (“PPACA”


OSHA issues new National Emphasis Program for nursing and residential care facilities
  • Sherman & Howard LLC
  • USA
  • April 13 2012

Operators of nursing and residential care facilities should expect increased OSHA enforcement under a new "National Emphasis Program" ("NEP") announced April 5, 2012


Unemployment benefits awarded to medical marijuana user fired for positive drug test results
  • Sherman & Howard LLC
  • USA
  • July 11 2011

The Colorado Court of Appeals has ruled that the evidence presented by an employer at a claims hearing fell short of proving a sufficient basis for the denial of unemployment benefits to a discharged medical marijuana user who tested positive in an employer's drug screen


Arizona's new law creates havoc for employers of medical marijuana users
  • Sherman & Howard LLC
  • USA
  • December 21 2010

With its recent passage of Proposition 203, the Medical Marijuana Act ("MMA"), Arizona has joined 15 other states and the District of Columbia in providing an affirmative defense to criminal prosecution for individuals making medical use of marijuana


Medical marijuana user’s entitlement to Colorado unemployment benefits is “up in smoke”
  • Sherman & Howard LLC
  • USA
  • September 1 2011

Our last newsletter reported on the importance of proving in an unemployment compensation proceeding that a drug testing laboratory used by an employer is licensed or certified, when the employer is relying on positive test results to oppose a dismissed employee's unemployment benefits claim


Health care reform -- Patient Protection and Affordable Care Act
  • Sherman & Howard LLC
  • USA
  • January 17 2011

This Client Advisory focuses on important updates in employer mandates under the Patient Protection and Affordable Care Act ("health care reform"


Ninth Circuit holds no ADA protection for medical marijuana use
  • Sherman & Howard LLC
  • USA
  • July 9 2012

The U.S. Court of Appeals for the Ninth Circuit, which governs district courts in the region that includes Arizona, recently provided some relief that will likely be welcome to employers


Antitrust attacks on “no-raiding” contracts and sharing of wage information
  • Sherman & Howard LLC
  • USA
  • November 3 2010

Clients frequently ask us for our legal opinions as to whether they may lawfully enter into no-raiding contracts, prohibiting them from hiring or soliciting other businesses' employees