Against the backdrop of a new administration, an evolving workforce, and a changing economy brought about by the pandemic, the landscape for union organizing has radically changed in 2021. While the nation’s attention is...more
Against the backdrop of a new administration, an evolving workforce, and a changing economy brought about by the pandemic, the landscape for union organizing has radically changed in 2021. While the nation’s attention is...more
Recent days have brought encouraging news about the development of COVID-19 vaccines. The prospect of vaccines being available in early 2021 has caused employers to begin considering whether they will require employees to...more
11/20/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Religious Discrimination ,
Title VII ,
Undue Hardship ,
Vaccinations ,
Workplace Safety
Recently, the 10th Circuit Court of Appeals reached a decision that significantly expands employers’ potential liability for disability lawsuits.
The Americans with Disabilities Act requires employers to reasonably...more
When an employee complains of unfair or discriminatory treatment, employers should promptly and thoroughly investigate such a complaint. A quality investigation can solve a problem and avert potential litigation. If a lawsuit...more
Under Oklahoma law, employees who are terminated from their jobs in violation of Oklahoma public policy may, in some cases, file a wrongful discharge lawsuit against their former employer. Increasingly these lawsuits involve...more
Concerns that clients, customers or business associates could sue them over claims they were exposed to COVID-19 have made some businesses reluctant to reopen. We have already seen lawsuits filed against retail stores and...more
5/29/2020
/ Civil Liability ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
New Legislation ,
Operators of Essential Services ,
Public Health ,
Re-Opening Guidelines ,
Workplace Safety
As the COVID-19 Coronavirus problem grows, employers will face increasing challenges on a variety of workplace issues. Health experts anticipate travel restrictions, business closings, suspension of schools, and widespread...more
3/4/2020
/ Best Practices ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Traveling Employee ,
Wage and Hour ,
Workplace Safety
On January 31, 2020, U.S. Citizenship & Immigration Services (USCIS) announced the release of a new version of the I-9 Employment Eligibility Verification Form. The new form, which has a version date of 10/21/2019, contains...more
Effective January 6, 2020, companies who employ commercial motor vehicle drivers must register with the Federal Motor Carrier Safety Administration’s (FMCSA) national Drug & Alcohol Clearinghouse and comply with new reporting...more
Whether used for air travel, at sporting events, or during workouts at gyms, the popularity of headphones and earbuds has rapidly spread. But are they appropriate for the workplace? Prompted by an employer’s questions, the...more
In May 2018, the Occupational Safety and Health Administration issued a memorandum permitting the use of drones to inspect workplaces under certain circumstances. Since that time, OSHA has used unmanned aircraft systems (UASs...more
Suppose you have an applicant or employee who is currently healthy, but you are concerned they may develop an impairment or condition in the future. Can an employer make any decisions based upon that concern without violating...more
When Oklahoma’s new medical marijuana law goes into effect this Friday, August 30, employers will have more ways to maintain a safe workplace.
Under the current law, employers have been able to discharge any employee who...more
8/28/2019
/ Adverse Employment Action ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
State Labor Laws ,
Workplace Safety
Courts around the country are split on the question of whether Title VII of the Civil Rights Act protects individuals against discrimination based on sexual orientation. A recent Arizona federal court recognized the ability...more
8/6/2019
/ Civil Rights Act ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hostile Environment ,
LGBTQ ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
For some time, employers with 100 or more employees or federal contractors with 50 or more employees have been required to file EEO-1 Employer Information Reports each year. These companies have been required to annually...more
5/14/2019
/ Annual Reports ,
Data Collection ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Filing Deadlines ,
OMB ,
Pay Data ,
Reporting Requirements ,
Wage and Hour
Employee accusations of retaliation are some of the most dangerous claims to be levelled against employers. A recent appeals court decision that applies to Oklahoma employers holds that retaliation claimants must satisfy a...more
Despite everything we’ve heard about deregulation, federal employment agencies ramped up their activity during 2018. And according to early indications, employers should expect the same trend in 2019. Here are a few examples....more
12/17/2018
/ Arrest ,
Audits ,
Deregulation ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Employment Agencies ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
OSHA ,
Raids ,
Undocumented Immigrants ,
Workplace Investigations
For years, employers assumed they were entitled to drug-test employees after they were injured or were involved in a workplace accident … then things became more uncertain.
Originally published in The Journal Record |...more
The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation to qualified individuals with a disability, unless doing so would trigger significant operational difficulties and/or expenses...more
Franken. Lauer. Spacey. Weinstein. Moore. And others. There is no question that in 2018 all employers will be facing growing harassment challenges. That means now is a critical time to assess the effectiveness of your policy,...more
Companies often assume they are not responsible for interactions between employees that happen off-site after hours and that are unrelated to their jobs. However, if a supervisor and a subordinate are involved and the...more
4/26/2017
/ Civil Rights Act ,
Complaint Procedures ,
Duty to Act ,
Employer Liability Issues ,
Home Depot ,
Jury Trial ,
Murder ,
Negligent Supervision ,
Off-Duty Employees ,
Sexual Harassment ,
Supervisors ,
Wrongful Death
Are you prepared to defend a promotion or hiring decision when someone accuses you of discrimination? That’s when an employer must be in a position to show their selection was absolutely non-discriminatory and based upon...more
In 2014, the government’s employment agencies were aggressive and active in terms of investigations and lawsuits. Employers should expect this to continue in the new year and pay particular attention to the...more
It comes as no surprise that employers increasingly find themselves dealing with workplace challenges relating to Ebola. The issues tend to arise in two contexts: How should employers respond to employee concerns, and what...more