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
For some employees, getting their work computer up, running, and ready to perform each day is a complicated and time-consuming process. When should an employer pay for that daily process?...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
With the CDC’s recent announcement reducing mask requirements for fully vaccinated people, there has been a significant uptick in the number of employers who are calling us with questions about possible changes to their own...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
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