Charlie Plumb

Charlie Plumb

McAfee & Taft

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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

Harassment-free workplace: Potential harassers not limited to employees

Employers are well aware of their obligation to act promptly to stop harassment or discriminatory behavior in the workplace when it is committed by employees. But this obligation can be more extensive. Employers are required...more

5/21/2014 - Dal-Tile Discrimination EEOC Employer Liability Issues Employer Mandates Employment Policies Fred Meyer Harassment Negligence Sexual Harassment Third-Party Harassment

Courteous, professional workplace policy outlawed

In recent months, some of the National Labor Relations Board’s intentions have become obvious. First, the NLRB plans on devoting considerable attention and resources towards non-union employees and employers. Next, the NLRB...more

4/15/2014 - Employee Handbooks Employer Liability Issues NLRB Section 7 Social Media

Has unionized college football arrived?

Were the Doors thinking about the prospect of unionized college football when they wrote and performed “The End”? That’s how many of us felt when the NLRB ruled that Northwestern University football players could form a...more

3/28/2014 - College Athletes NLRA NLRB Unions

A closer look at the expansion of overtime

Last week’s announcement by President Obama of a planned increase to the number of employees who would be entitled to receive overtime pay set off a barrage of reactions. Now, let’s take a closer look at what it is all about....more

3/25/2014 - DOL Exempt-Employees Over-Time Unpaid Overtime Wage and Hour White-Collar Exemptions

Not all offensive behavior is actionable

There are a lot of good reasons for employers to want to eliminate workplace confrontations. Disputes among employees affect productivity, make for an unhappy and unprofessional work environment, and can escalate to more...more

2/25/2014 - Anti-Discrimination Policies Discrimination Employer Liability Issues Hostile Environment Sex Discrimination

Social media restrictions on employers passes Oklahoma House

In 2014, at least 25 states have legislation pending which would limit an employer from accessing personal social media. Last week Oklahoma joined that list....more

2/19/2014 - Employee Rights Passwords Social Media Social Media Policy

New workers' comp law expands scope of potential retaliation claims

A little-noticed change to retaliation claims just went into effect. Beginning February 1, 2014, Oklahoma employers face greater exposure to claims of workers’ compensation retaliation....more

2/17/2014 - Hiring & Firing Retaliation Termination

Unions in college football?

For some time, the NCAA, academic institutions and students have been debating how college athletes — who earn millions of dollars for their institutions — should be treated in terms of compensation, benefits and having a...more

2/4/2014 - Athletes Colleges Football NCAA Unions Universities

Maintaining a religious-neutral workplace

About a year ago, a group of private citizens paid for a seven-foot-tall granite monument of the Ten Commandments and gained approval for it to be placed on the north end of the Oklahoma Capitol grounds. Not surprisingly, a...more

2/3/2014 - Employer Liability Issues Religion Religious Discrimination

Different pay for unequal jobs ‘ok’

The Equal Pay Act of 1963 (EPA) prohibits sex-based discrimination in pay and benefits. Employers should not pay different wages to employees of the opposite sex for substantially equal work. “Substantially equal” work does...more

1/23/2014 - Equal Pay Equal Pay Act Gender Discrimination Gender-Based Pay Discrimination Substantially Similar

State prohibition on same-sex marriages found unconstitutional

The last several months have witnessed a flurry of court activity regarding same-sex marriage laws. On Tuesday, January 14, Oklahoma joined that activity with an order and opinion issued by Tulsa’s federal court....more

1/21/2014 - DOMA Employee Benefits Hiring & Firing Human Resources Professionals Same-Sex Marriage Sexual Orientation Discrimination US v Windsor

Snow, ice and blizzard tips for employers

As we fall headlong into the teeth of the winter weather season, now is a good time to review some common questions employers face this time of year. ...more

1/10/2014 - Employee Rights Employer Liability Issues FLSA Wage and Hour Weather Policy

2014 Resolution: Social media training for your employees

I get tired of reading stories about employees fired by their employer for some ill-conceived tweet, blog, photo or Facebook posting. Invariably, my first reaction is, “How can people be so reckless or dumb?” As these...more

1/7/2014 - Social Media Social Media Policy Training

Past use of a false Social Security number: An employment disqualifier?

By now, most employers have faced situations in which they have discovered an employee has used a false Social Security number. Such discovery usually results in an employee discharge or resignation. A lawsuit filed on...more

12/18/2013 - Civil Rights Act Discrimination Fraud Job Applicants National Origin Discrimination Social Security Numbers Title VII

Oklahoma workplace tobacco laws revised

Effective November 1, 2013, two Oklahoma statutes governing how an employer addresses tobacco use in its workplace or by its employees will be revised. Under the new 21 Okla. Stat. § 1247, lighted tobacco products in...more

10/17/2013 - Smoking Bans

EmployerLINC Employment Law Update - FMLA leave and same-sex spouses

After the U.S. Supreme Court handed down its decision regarding same-sex marriages in United States v. Windsor this summer, a number of governmental agencies charged with administering employment laws have issued explanations...more

9/11/2013 - DOL DOMA Employee Benefits Employee Rights FMLA Marriage Same-Sex Marriage SCOTUS US v Windsor

McAfee & Taft Employer LINC - New I-9 form means good time to review your hiring process

On March 8, 2013, the U.S. Citizenship and Immigration Service (USCIS) released an updated version of the I-9 Employment Eligibility Verification form. While the new I-9 form is effective immediately, employers have a 60-day...more

3/13/2013 - Eligibility Hiring & Firing I-9 USCIS

EmployerLINC.com - February 8, 2013: Court enforces agreement to arbitrate

In a January 23, 2013 decision, the U.S. District Court for the Northern District of Oklahoma continued a recent trend in Oklahoma cases enforcing arbitration clauses included in employment agreements or relationships....more

2/11/2013 - American Arbitration Association Arbitration Agreements Discrimination Employment Contract Gender Discrimination Hostile Environment Mandatory Arbitration Clauses Race Race Discrimination Retaliation Title VII Volkswagen

EmployerLINC.com - January 22, 2013: Limits on reemployment rights under USERRA

Under the Uniform Services Employment and Reemployment Rights Act (USERRA), employers may not discriminate against employees based on military service. USERRA also affords employees returning from military leave with...more

1/24/2013 - Discrimination Military Service Members Reemployment The Escalator Principal USERRA

EmployerLINC.com - January 15, 2013: Psychological injuries without physical injuries are not compensable

In some cases, employees who have suffered an emotional or psychological injury in the course of their job may seek benefits under Oklahoma’s Workers’ Compensation Act. However, a recent Oklahoma Court of Civil Appeals...more

1/17/2013 - Emotional Injury Claims Workplace Injury

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