Sam Fulkerson

Sam Fulkerson

McAfee & Taft

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‘More’ does not equal ‘different’ when job duties are comparable under the Equal Pay Act

It has long been thought that the Equal Pay Act (EPA) does not apply if the male and female employees being compared for purposes of establishing pay disparities spend significant amounts of time on different job duties, even...more

3/24/2015 - Equal Pay Act Gender-Based Pay Discrimination Reversal Summary Judgment Title VII

Not following instructions will still get you fired, even when you engage in protected activity

In Meyers v. Eastern Oklahoma County Technology Center, the Tenth Circuit Court of Appeals upheld judgment for the employer even though the plaintiff had engaged in legally protected activity because she disregarded her...more

3/18/2015 - Free Speech Mixed Motive Cases Protected Concerted Activity Retaliation Wrongful Termination

The need for actual medical evidence in disability cases

Employers frequently call with concerns about employees who self disclose an alleged disabling condition that is not readily apparent, and who claim substantial limitations as a result. The employer’s concerns center on when...more

1/5/2015 - ADA Disability Employer Liability Issues Hiring & Firing Job Applicants Medical Certification Requests Medical Examinations Reasonable Accommodation

Gavel to Gavel: Blurring online

Most employers consider the National Labor Relations Board a federal entity that decides legal issues related to workplace union activities. What many employers don’t realize is the NLRB has authority over any concerted...more

3/28/2014 - Employee Rights NLRB Protected Concerted Activity Unions

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