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
Under some circumstances, Oklahoma law recognizes that a former employee may sue their employer for wrongful discharge if they were fired for performing an act consistent with Oklahoma public policy. One example is...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
The Family and Medical Leave Act (FMLA) requires employers to provide employees with notices to employees. These notices are intended to inform employees about their FMLA rights and to make sure the employer and employee...more
With COVID-19 positive cases and area hospitalizations continuing to trend upwards, more and more Oklahoma cities and towns are considering whether to make face coverings mandatory in public settings.
Last night, Tulsa’s...more
7/16/2020
/ City Councils ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
Local Ordinance ,
Masks ,
Public Accommodation ,
Public Health ,
Public Policy ,
Social Distancing ,
Workplace Safety
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
Under the Fair Labor Standards Act, to avoid paying overtime for work performed by “white collar” executive, administrative and professional employees, an employee must satisfy duties’ tests and be paid a salary that meets a...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
An Oklahoma refinery employee who was terminated after testing positive for amphetamines tried to get his job back by claiming that over-the-counter medication led to a false test result. He also argued the employer’s testing...more
The U.S. Department of Labor makes available a variety of Family and Medical Leave Act forms to employers. When used by companies, the DOL forms are extremely helpful with managing and administering employees’ FMLA absences....more
With Oklahoma’s new medical marijuana laws, employers will be facing more workplace questions involving marijuana. A recent Oklahoma Court of Civil Appeals decision awarding workers’ compensation benefits to an injured...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
Ever been frustrated by a former employee unfairly using your confidential business information and trying to take your customers? As it turns out, tattoo artists have trade secrets, too.
Keith “Bang Bang” McCurdy is the...more
3/22/2019
/ Artists ,
Breach of Contract ,
Competition ,
Confidential Business Information (CBI) ,
Foreign Workers ,
Former Employee ,
Hiring & Firing ,
Intellectual Property Protection ,
Misappropriation ,
Tattoos ,
Trade Secrets ,
Unfair Competition
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....more
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