Charlie Plumb

Charlie Plumb

McAfee & Taft

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Latest Publications


Attack on an employer’s promotion decision

Are you prepared to defend a promotion or hiring decision when someone accuses you of discrimination? That’s when an employer must be in a position to show their selection was absolutely non-discriminatory and based upon...more

3/7/2017 - Employer Liability Issues Employment Discrimination Job Promotions

What not to do in wage and hour investigations

Last month the Tenth Circuit Court of Appeals upheld a $2.1 million dollar judgment entered against a Tulsa restaurant for Fair Labor Standards Act (FLSA) overtime and minimum wage violations. If you ever wanted a guide on...more

3/2/2017 - FLSA Government Investigations Labor Law Violations Minimum Wage Over-Time Wage and Hour Willful Violations

Gavel to Gavel: The road ahead for employers

Just two weeks into the new administration, and we’re starting to get a sense of what changes may be looming for employers. At the forefront are President Trump’s picks to lead the nation’s federal employment agencies....more

2/6/2017 - EEOC LGBT Minimum Salary Minimum Wage NLRB Over-Time Pay Equity Laws Presidential Nominations Regulatory Freeze Secretary of Labor Trump Administration

No medical report means no accommodation

Although the Army Ammunition Depot is located in McAlester, it was a Muskogee federal court that upheld an employer’s right to require adequate medical support before granting an employee’s request their job be modified on...more

1/17/2017 - ADA Disability Benefits Disability Discrimination Dismissals Flexible Work Arrangements Interactive Process Medical Examinations Reasonable Accommodation Retirement

Texas court stops DOL effort to expand overtime

The November 22 ruling by a Texas federal court delays implementation of the U.S. Department of Labor’s (DOL) new regulations which would have increased the number of employees entitled to overtime pay. In fact, the court’s...more

11/23/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Preliminary Injunctions Wage and Hour White-Collar Exemptions

Are you a joint employer?

Are you an employer who uses temporary employees, staffing agencies or independent contractors? Use of such contingent or contract workers is not unusual and may be necessary for your operations. If you are in that...more

11/7/2016 - DOL Franchisee Franchisors General Contractors Independent Contractors Joint Employers Staffing Agencies Subcontractors Temporary Employees Wage and Hour

Employee fired while on FMLA leave: Why it was OK

Don’t get me wrong: Firing an employee while they are on a Family and Medical Leave Act (FMLA) absence is dicey. But, as a recent federal appeals court decision that covers Oklahoma employers demonstrates, there are...more

10/7/2016 - Corporate Counsel FMLA Hiring & Firing Popular Retaliation Termination

Must be qualified to apply

When someone contends they have been discriminatorily denied employment, whether the individual was truly qualified often becomes the primary issue. To defeat a discriminatory failure-to-hire claim, the employer must...more

8/31/2016 - ADA Commercial Truck Drivers Disability Discrimination Job Applicants Request for Qualifications

Female deputy’s different treatment poses problem for sheriff

For many years, law enforcement was a male-dominated profession. Recently, police and sheriff departments have made strides to increase the number of female officers. All employers must ensure they are treating male and...more

6/23/2016 - Discipline Gender Discrimination Hiring & Firing Law Enforcement Title VII

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

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