Charlie Plumb

Charlie Plumb

McAfee & Taft

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DOL releases new overtime regulations

On May 17, 2016, the U.S. Department of Labor issued the new Fair Labor Standards Act overtime regulations, which will mean millions of employees who are currently exempt will, for the first time, earn overtime for any hours...more

5/19/2016 - DOL FLSA Minimum Salary Non-Exempt Employees Over-Time Wage and Hour White-Collar Exemptions

EEOC issues bathroom guidelines for transgender employees

Last summer the Occupational Safety and Health Administration (OSHA) released its “Best Practices: A Guide to Restroom Access for Transgender Workers.” In a nutshell, the OSHA publication stated that transgender employees...more

5/10/2016 - Civil Rights Act EEOC Employee Restrooms Employment Discrimination Federal v State Law Application Gender Identity OSHA Title VII Transgender

Wrongful discharge – alive and well in Oklahoma

It’s been awhile since Oklahoma’s Supreme Court weighed in on the ability of fired employees to sue their employers for wrongful discharge. Now a vomiting nurse gets to take a shot at the nursing center that terminated his...more

5/2/2016 - At-Will Employment Hiring & Firing Influenza Medical Leave Mixed Motive Cases Nursing Homes OK Supreme Court Public Policy Wrongful Termination

Keys to crafting an effective response to an EEOC discrimination charge

Once the Equal Employment Opportunity Commission (EEOC) receives a discrimination complaint from a current or former employee, the Commission begins gathering information about their allegations of discriminatory treatment....more

4/14/2016 - Complaint Procedures Discovery EEOC Employment Discrimination Position Statements

No Surprise: EEOC files two sexual orientation lawsuits

Last week, the Equal Employment Opportunity Commission filed two lawsuits charging employers with discriminating against employees based upon their sexual orientation. In a Pennsylvania federal court, the EEOC claimed Scott...more

3/8/2016 - EEOC LGBT Sexual Orientation Discrimination Title VII Transgender

EEOC now revealing employers' information to charging parties

The Equal Employment Opportunity Commission (EEOC) has forwarded to you a charge of discrimination filed by a former employee complaining they were fired by your company based on their race. In addition to the charge of...more

2/24/2016 - Complaint Procedures Confidential Information EEOC Employment Discrimination Request For Information

Firing someone returning from leave

Taking action against an employee after they return from a Family and Medical Leave Act absence can expose an employer to claims of FMLA retaliation. But sometimes it takes an employee’s absence to learn about that employee’s...more

2/22/2016 - Disciplinary Proceedings FMLA Gender Discrimination Hiring & Firing Poor Job Performance Retaliation

How to self-audit your I-9 forms

U.S. Immigration and Customs Enforcement (ICE) intends to increase its investigation efforts during 2016 to ensure employers have met their obligations to properly verify the identity and employment authorization of its...more

1/20/2016 - Audits I-9 ICE

Drones in the workplace

It’s time to deal with the use of drones in the workplace. Sound farfetched? Not if you are paying attention to what is going on around you. Drones have landed on the White House lawn, on football fields during college games,...more

12/15/2015 - Drones Employee Privacy Rights Federal Aviation Administration (FAA) Registration Requirement Surveillance

How long do I keep applications?

Employers often ask how long they should keep the applications of unsuccessful applicants. Based on the Equal Employment Opportunity Commission’s recent enforcement actions, it’s important to know the right answer to that...more

10/20/2015 - EEOC Employment Application Hiring & Firing Job Applicants Personnel Records Recordkeeping Requirements Sex Discrimination Title VII

Labor Board’s joint employer decision sure to cause headaches

Currently, only seven percent of Americans employed by private employers are union members, so it’s no surprise that unions are struggling and desperate to grow membership. The National Labor Relations Board, which...more

9/1/2015 - Browning-Ferris Industries of California Inc. Franchise Agreements Joint Employers NLRA NLRB Staffing Agencies

Oklahoma court tosses negligent training and supervision claims

Former employees and their attorneys have become increasingly creative when it comes to suing past employers. In addition to filing wrongful termination or discrimination lawsuits, discharged employees have sued their former...more

8/24/2015 - At-Will Employment Managers Negligent Supervision Negligent Training Retaliation Supervisors Whistleblowers Wrongful Termination

Retaliation claims can sink an employer

Retaliation claims of any variety are potentially explosive for employers. Nothing angers jurors, courts or governmental agencies like an employee’s accusation they were fired in retaliation for exercising their rights or...more

7/28/2015 - FMLA Home Health Care Maternity Leave Public Policy Reporting Requirements Retaliation Sexual Abuse Wrongful Termination

SCOTUS rules against Abercrombie & Fitch in Tulsa religious discrimination case

On Monday, the U.S. Supreme Court ruled in favor of the Equal Employment Opportunity Commission and against Abercrombie & Fitch Stores Inc. in a religious discrimination lawsuit involving a Muslim job applicant at its Tulsa,...more

6/4/2015 - Abercrombie & Fitch Appearance Policy Disparate Impact Disparate Treatment EEOC v Abercrombie Hiring & Firing Reasonable Accommodation Religious Discrimination SCOTUS Title VII

EEOC clarifies rules for wellness programs

Wellness programs in the workplace - Increasingly, employers are putting in place wellness programs aimed at promoting healthier lifestyles and preventing disease among the workforce. Often they are offered in...more

4/23/2015 - ADA Affordable Care Act EEOC GINA HIPAA Reasonable Accommodation Wellness Programs

Disabilities that pose a ‘direct threat’ in the workplace

The Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of disability. The ADA also requires employers to reasonably accommodate disabled individuals who are qualified for a position....more

4/2/2015 - ADA Disability Discrimination Discrimination EEOC Reasonable Accommodation

More FMLA rights for same-sex couples

Under a new rule published on February 23, 2015 by the Department of Labor (DOL), beginning March 27, 2015, same-sex couples will enjoy expanded Family and Medical Leave Act (FMLA) rights....more

2/27/2015 - DOL Employee Rights FMLA Same-Sex Marriage

Gavel to Gavel: What's in store for employers?

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

12/12/2014 - DOL EEOC Employer Liability Issues OSHA Wage and Hour Wellness Programs Workplace Safety

Ebola answers for employers

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

11/4/2014 - Ebola Employee Rights Employer Liability Issues Safety Precautions

AGENCY ACTION: EEOC: Trolling for plaintiffs

It’s no secret to employers that the Equal Employment Opportunity Commission has taken a more provocative and confrontational approach to investigating and litigating claims of employment discrimination. But the EEOC’s...more

9/30/2014 - ADEA Discrimination Document Productions EEOC Email Employer Liability Issues Government Investigations

JOINT EMPLOYER: When is a company considered the employer of another company’s employees?

During the last several months, a number of government agencies and courts have taken the position that a company can be considered the employer of another company’s employees for purposes of employment law obligations. Most...more

9/15/2014 - Appeals Corporate Counsel Employer Liability Issues Joint Employers McDonalds NLRB Right to Control

EEOC amps up attack on background checks

On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

8/14/2014 - Background Checks Civil Rights Act Criminal Background Checks Disparate Impact EEOC Employer Liability Issues Title VII

TERMINATION: Not a ‘team player’… or sex discrimination?

From time to time, employers discharge employees because they’re “not a good fit” or “not a team player.” While these may be perfectly good reasons for ending someone’s employment, be aware that in some situations courts or...more

7/24/2014 - Discrimination Employer Liability Issues Gender Discrimination Hiring & Firing Termination

Oklahoma employer not responsible for workplace prank

Car dealerships must be a Mecca for pranks. The combination of substantial periods of downtime with a lively sales staff leads to workplace fun. But what happens when things turn ugly, and someone gets hurt? Does the employer...more

7/9/2014 - Automotive Industry Car Dealerships Cars Employer Liability Issues Workplace Hazards

UNEMPLOYMENT CLAIMS: Cursing employee denied unemployment benefits

Hard to believe, but this spring was the first time an Oklahoma case answered the question whether offensive language directed by an employee toward a supervisor disqualifies the fired employee from receiving unemployment...more

7/1/2014 - Hiring & Firing Offensive Language Termination Unemployment Benefits

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