Paul Ross

Paul Ross

McAfee & Taft

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Latest Publications


Federal court ruling means OSHA drug testing limitations are now live

As we previously discussed, the U.S. Occupational Safety and Health Administration made waves earlier this year with its newly announced position that employers who conduct post-accident drug or alcohol testing might violate...more

12/16/2016 - Anti-Retaliation Provisions Dismissals Drug Testing Employer Liability Issues Final Rules OSHA Preliminary Injunctions Reporting Requirements Workplace Injury Workplace Safety

DOL Issues Final Rule On Paid Sick Leave For Federal Contractors

On September 7, 2015, President Obama signed Executive Order 13706, an order that requires federal contractors to provide paid sick leave to their employees. Last week, the U.S. Department of Labor issued its long-awaited...more

10/5/2016 - DOL Executive Orders Federal Contractors Final Rules Paid Leave Sick Leave Wage and Hour

OSHA overreach on workplace drug testing

Responsible employers routinely test employees for the use of illegal drugs. Testing promotes safety, controls workers’ compensation costs and promotes compliance with federal regulations. Oklahoma law gives employers the...more

7/29/2016 - Delays Drug Testing New Regulations OSHA Workplace Investigations Workplace Safety

OSHA prohibition on post-accident testing requires immediate action by employers

One of the most common matters that we assist our clients in understanding is the set of legal parameters under which an employer can conduct employee drug and alcohol testing. For a variety of reasons, we encourage employers...more

7/26/2016 - Drug Testing OSHA Popular Preliminary Injunctions Workplace Injury Workplace Investigations

DOL proposes dramatic changes to FLSA overtime rules

In March of 2014, President Obama issued a presidential memorandum directing the secretary of labor to “update” and “modernize” the regulations under which the U.S. Department of Labor (DOL) manages the Fair Labor Standards...more

7/1/2015 - Barack Obama DOL Exempt-Employees FLSA NPRM Public Comment Wage and Hour White-Collar Exemptions

Supreme Court recognizes constitutional right to same-sex marriage

Friday morning, the U.S. Supreme Court issued its long-awaited opinion on the constitutionality of state laws banning or limiting the recognition of same-sex marriages. As we predicted here, the Court has, once and for all,...more

6/29/2015 - Fourteenth Amendment Marriage Marriage Equality Obergefell v. Hodges Same-Sex Marriage SCOTUS

NLRB rules employee’s vulgar, unprofessional social media post is protected concerted activity

Over the past few years, we’ve warned our employer clients that discipline of employees for social media activity has become risky business. The National Labor Relations Board has taken the position that employee commentary...more

4/7/2015 - ALJ Managers NLRA NLRB Obscenity Popular Protected Concerted Activity Social Media Unfair Dismissal Unfair Labor Practices Union Related-Speech

Despite settlement, EEOC continues and expands discrimination investigation

At this point, employers have become all too familiar with the new, aggressive enforcement agenda of the Equal Employment Opportunity Commission. The agency’s systemic initiative to root out alleged discriminatory employment...more

11/25/2014 - ADA Corporate Counsel Discrimination EEOC Employer Liability Issues Enforcement Actions Government Investigations Hiring & Firing Job Applicants Pre-Employment Health Screenings Staffing Agencies Strategic Enforcement Plan Title VII

Sixth Circuit decision bucks trend on same-sex marriage

As you all know, the last several weeks and months have seen an unmistakable trend in federal court decisions paving the way for same-sex marriage in a majority of states. But just when it appeared that same-sex marriage...more

11/10/2014 - Employee Rights Employer Liability Issues FMLA Same-Sex Marriage

Group health plans for same-sex spouses: Equal treatment required or not?

In our recent webinar, McAfee & Taft attorneys shared with you a number of ramifications from the recent U.S. Supreme Court decision that effectively legalized same-sex marriage in Oklahoma. One of the key questions we...more

11/5/2014 - Affordable Care Act Discrimination Employer Group Health Plans Employer Liability Issues ERISA Health Insurance IRS Same-Sex Marriage Sex Discrimination Sexual Orientation Discrimination Title VII

Gavel to Gavel: A tiger by the tail

Back in school, I recall reading the short story The Lady or the Tiger? It’s about a woman made to choose between two fates for her would-be husband, neither of which was particularly pleasant. What she would choose is left...more

10/23/2014 - Background Checks Credit Checks Criminal Background Checks EEOC Employer Liability Issues FCRA Hiring & Firing Screening Procedures

SCOTUS: Severance payments are taxable

In the words of noted American statesman Benjamin Franklin, “in this world nothing can be said to be certain, except death and taxes.” Given Franklin’s thoughts, yesterday’s decision by the U.S. Supreme Court in the case of...more

3/27/2014 - FICA Taxes Income Taxes SCOTUS Severance Pay

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