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
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