Roberta Fields

Roberta Fields

McAfee & Taft

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Latest Publications


Misclassification Of Workers Just Got Riskier For Oklahoma Employers

For years, we have been warning employers of the dangers of misclassifying workers as independent contractors when they are actually employees. Information-sharing among agencies on the rise - The federal government...more

9/19/2016 - DOL ERISA Independent Contractors IRS Misclassification Wage and Hour

Some pre- and post-shift activity not compensable

In recent years, a number of collective action wage and hour disputes involving the donning and doffing of protective work clothing have made their way through the courts. And in many of those cases, the employers have been...more

4/29/2016 - Appeals Collective Actions Collective Bargaining Corporate Counsel Doffing Donning FLSA Wage and Hour

What employers need to know about transgender discrimination

Recent developments in the area of transgender rights should put employers on notice that government agencies are serious about eliminating this type of discrimination. DOJ steps in to sue university in Oklahoma...more

9/21/2015 - DOJ EEOC Gender Discrimination OSHA Professors Reasonable Accommodation Sex Discrimination Title VII Transgender Universities

Timing of termination creates question of fact in association discrimination case

In employment law, including association discrimination cases, timing is everything. When Terry Booker was fired from his job of 22 years at Delfasco, a manufacturing facility in Greene County, Tennessee, in March 2012,...more

5/6/2015 - ADA Associational Retaliation Discrimination EEOC Employer Group Health Plans FMLA Hiring & Firing Medical Expenses Retaliation Self-Funded Health Plans Wrongful Termination

DISABILITY DISCRIMINATION: Court rules interactive process should have been triggered by a couple of stray comments

I miss my dog … or how to require your employer to let you bring your dog to work. Don’t laugh. A recent federal court decision from Hawaii seriously considered this issue. John Assaturian, a long-time Hertz employee...more

9/23/2014 - ADA Disability Disability Discrimination

Advances in technology require another look at telecommuting as a reasonable accommodation

The Sixth Circuit Court of Appeals revived an Americans with Disabilities Act (ADA) suit brought on behalf of an ex-Ford Motor Company worker, showing that courts are warming to telecommuting as an ADA accommodation. As a...more

5/14/2014 - ADA EEOC Employee Benefits Employer Liability Issues Employer Mandates Ford Motor Reasonable Accommodation Telecommunications Telecommuting

Hidden costs of interns

Summertime at the workplace is usually marked by the arrival of eager students willing to work for free in exchange for valuable hands-on work experience and maybe future job references. The offer is enticing, but employers...more

6/27/2013 - DOL FLSA Minimum Wage Unpaid Interns Wages

McAfee & Taft EmployerLINC: Supreme Court declines opportunity to resolve split in the circuits over ADA job reassignment issue

The issue: Under the Americans with Disabilities Act, can an employer force an employee with a disability to compete for an open position?...more

6/12/2013 - ADA Disability Disability Discrimination EEOC SCOTUS United Airlines

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