Under the Americans with Disabilities Act (ADA), an employer should grant accommodations to an employee with a disability, so long as the accommodation is reasonable and does not impose an undue hardship upon the employer’s...more
With the recent filing of federal criminal charges against an employer, immigration enforcement actions have escalated to a new level. Leonardo Baez and Alicia Avila-Guel have owned and operated Abby’s Bakery and Dulce’s...more
Earlier this spring, in an article titled “FTC announces nationwide ban on noncompetes in the workplace,” we alerted employers to the Federal Trade Commission’s approval of a final rule implementing a nationwide ban on...more
7/9/2024
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Texas
Many factors come into play when employers set work hours for employees, including such things as operational requirements or customers’ needs. On occasion, though, employees may request that their employers modify their work...more
Sometimes music at work can be a welcome diversion. But not all songs favored by employees come from “The Sound of Music.” An employer’s obligation to keep its workplace free from harassment includes paying attention to what...more
Typically, harassment claims involve allegations that an individual has been harassed by a co-worker or supervisor. A recent case involving an Illinois casino demonstrates the importance of employers guarding against...more
With increasing numbers of employees working remotely, employers can sometimes lose sight of the fact that a remote worker may be eligible for leave under the Family and Medical Leave Act (FMLA). A Bulletin issued in February...more
Oklahoma and Arkansas medical marijuana laws -
Oklahoma and Arkansas have enacted medical marijuana laws with similar features. In Oklahoma, an individual may qualify for a state medical marijuana license permitting them...more
With increasing frequency, employees ask to bring animals to work. Under some circumstances, the Americans with Disabilities Act (ADA) recognizes that the presence of a bona fide service animal in the workplace can be a...more
On October 19, the Equal Employment Opportunity Commission released a new federal employment law poster entitled “Know Your Rights“.
The new poster replaces the current “EEO is the Law” version, and it should be posted in...more
When Apple’s Penn Square Mall retail store in Oklahoma City voted on Friday to unionize, it became the tech giant’s second location in the United States to do so.
Is this a trend for other Oklahoma employers? Count on...more
The attendance policy -
Gestamp West Virginia, LLC manufactures auto parts in South Charleston, West Virginia. Under Gestamp’s attendance and leave policies, employees must notify their group leader at least 30 minutes...more
The National Labor Relations Board (NLRB) is responsible for overseeing relations between labor and employers for both unionized and non-unionized workplaces and for administering the National Labor Relations Act (NLRA)....more
For employers, the use of independent contractors to assist in business operations is an important option.
Contractors typically provide flexibility and cost savings as they don’t receive overtime pay or employee...more
Although it involves Texas law, a recent case illustrates the pitfalls that an employer can face when a former employee makes a claim for commissions or compensation after their employment has ended. It also offers...more
When acquiring a business, companies sometimes unwittingly buy an employment lawsuit. Recently, the 10th Circuit – the federal appeals court that applies to Oklahoma employers – explained when a successor business can be held...more
Employers understand the importance of investigating employees’ harassment complaints. A recent case explains what standards apply to the company’s investigation and what happens if the employer cannot determine who was the...more
For some, loyalty to a particular coffee brand rivals a person’s devotion to their college football team. Kathleen, my spouse, would crawl three miles over broken glass for her Starbucks Americano decaf. I favor QuikTrip and...more
Under some circumstances, Oklahoma law recognizes that terminated employees may pursue a public policy wrongful discharge claim against a former employer. These claims allow a narrow exception to the employment at-will status...more
Whether to pay any travel time for employees under the Fair Labor Standards Act (FLSA) can be complicated. Employees who believe they should be compensated for that time often challenge non-payment. A dispute over travel time...more
Employers with more than 100 employees are watching legal challenges around the country to see if OSHA’s federal regulations putting in place a COVID-19 vaccination mandate will be upheld in whole or in part. In the meantime,...more
Yesterday, following OSHA’s release of federal regulations implementing a workplace COVID-19 vaccination mandate, we reported that, effective January 4, 2022, employers with 100 or more employees would be required to...more
This morning the federal Occupational Safety and Health Administration (OSHA) released its interim final rule regarding the Biden administration’s vaccination mandate for employers with 100 or more employees. The rule will be...more
Over the years there has been a steady stream of cases involving employees who have filed workers’ compensation claims after being injured away from the employer’s premises. Sometimes it was difficult to determine whether the...more
In order to prepare for issues Oklahoma employers could face in the future, we monitor lawsuits filed in other states that present new, unique, or challenging claims for employers. Keeping track of national trends makes...more