Most Oklahoma employers are familiar with the fact that the state has one of the strictest laws in the nation as it pertains to non-compete agreements between employers and employees. But what about non-competition or...more
Now that we’re all coming up from air from dealing with everything and anything COVID-related, let’s revisit some of the more mundane day-to-day basics. You’ve probably been through it so many times that it’s practically...more
Employer-provided “benefits” are varied to say the least. Under Oklahoma law, “benefits” include any “special wages that are paid at certain times under certain conditions, according to the terms of the employment agreement....more
The Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) regarding COVID-19 vaccination, testing and facial coverings applies to “all employers with a total of 100 or more employees” during...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
There is no exhaustive list of potentially reasonable accommodations. Whether an accommodation is reasonable will depend on the unique circumstances of each instance, including the particular employee’s limitations and...more
Many employers turned to telework during the pandemic. Many will tell you these arrangements were not perfect, but were necessary to survive unprecedented circumstances. My clients often changed — or were forced to change —...more
3/19/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Re-Opening Guidelines ,
Remote Working ,
Return-to-Work Agreements ,
Workplace Safety
“Working from home,” “teleworking,” “working remotely.” Call it what you will, the concept has always been troublesome for employers. COVID-19 has forced employers to reconsider this concept, which has become essential for...more
On March 14, 2019, Governor Stitt signed House Bill 2612, commonly referred to as the “Unity Bill,” into law. The Unity Bill was the product of a bipartisan group of legislators tasked with implementing additional regulations...more
Smartphones have changed the employment landscape. Non-exempt employees can communicate via text or email any time of day or night, and may be expected to. My habit in the evenings is to check my work email, even if only to...more
10/24/2018
/ Code of Federal Regulations (CFR) ,
De Minimis Claims ,
De Minimus Doctrine ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Off-The-Clock ,
SCOTUS ,
Timekeeping ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour
The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to persons with disabilities unless doing so would impose an undue hardship or pose a direct threat to the safety of the...more
7/27/2018
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Disability ,
Disability Discrimination ,
Duty to Accommodate ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Interactive Process ,
Notice Requirements ,
Reasonable Accommodation ,
Standard of Proof ,
Undue Hardship
You’ve probably at least heard of the so-called “Ban the Box” movement, a campaign aimed at convincing employers to remove any checkbox on applications designed to elicit information regarding an applicant’s criminal record....more
Employers may require fitness-for-duty certifications in a variety of circumstances, including employees returning from leave under the Family and Medical Leave Act (FMLA) and determining the existence of disabilities or the...more
Oklahoma consistently ranks at or near the top of all states when it comes to prescription drug abuse. The prescription rate for opioids (i.e., painkillers) in Oklahoma is among the highest in the nation, and the state also...more