We all appreciate the practical importance of training. It can certainly help eliminate pesky and undesirable workplace issues. Heck, it can even help create a desirable workplace for employees....more
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
Maybe you’ve experienced this: an employee experiences a serious health condition, you provide the required FMLA paperwork, and the certification form either comes back not fully filled out or so vague that you are unable to...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
Incredibly, COVID-19 has now impacted a third school year. Working parents were previously able to rely on the federal Families First Coronavirus Response Act (FFCRA) to take leave in the event of school closures and/or...more
8/23/2021
/ Americans with Disabilities Act (ADA) ,
Child Care ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Paid Leave ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Remote Learning ,
School Closures ,
Wage and Hour
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
Believe it or not, 2020 is nearly over. (Good riddance, right?) While the average Oklahoma workplace continues to look and function differently than ever before, some things never change. Today’s high will be nearly 70...more
As challenging as the last several months have been for employers, the next several months may prove to be even more of a dilemma for both employers and employees. This school year will be different than anything we’ve ever...more
“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
Overpayment of wages is more common than you may think. For example, inadvertent overpayment may occur in the context of processing new hire, promotion or revised benefit election paperwork. Regardless of the reason,...more
The Americans with Disabilities Act (ADA) limits an employer’s ability to make disability-related inquiries or subject individuals to medical exams. No such inquiries or exams may be made until an offer of employment is made....more
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
None of us are immune from this year’s presidential election dynamics. Disrespect and name-calling seem more prevalent than policy discussions. The election is highly polarizing, potentially pitting employee against...more
10/12/2016
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Free Speech ,
Hiring & Firing ,
NLRA ,
Political Speech ,
Popular ,
Presidential Elections ,
Private Sector ,
Public Employees ,
Public Schools ,
Section 7 ,
Social Media ,
Teachers ,
Termination Rights
Ah…summertime. It’s finally here. The long days, the slower pace. Vacations, hotdogs and hamburgers on the grill, and the ever-present risk of legal exposure. Huh? That’s right, summertime also ushers in different types of...more
In November, President Obama announced that he was directing federal agencies that they could not inquire about criminal convictions on federal job applications. According to the president, the federal government “should not...more
The last few years have seen a dramatic expansion of rights to persons on the basis of sexual orientation and gender identity. In 2013, the U.S. Supreme Court found unconstitutional the heterosexual definitions of “marriage”...more
One of the most difficult issues facing employers is off-the-clock work. Employers may find themselves having to pay for this time even if they do not authorize it. Fair Labor Standards Act (FLSA) regulations state that the...more