McAfee & Taft

Courteous, professional workplace policy outlawed

In recent months, some of the National Labor Relations Board’s intentions have become obvious. First, the NLRB plans on devoting considerable attention and resources towards non-union employees and employers. Next, the NLRB will…more

| Labor & Employment Law

Passing a DOT medical exam is a ‘marginal function’ of the job?

In a recent opinion by the Eleventh Circuit Court of Appeals involving a Type-1 insulin-dependent diabetic, the court found that passing a Department of Transportation medical examination was an impermissible “qualification…more

| Civil Rights, Labor & Employment Law, Transportation

Post-DOMA, IRS and CMS issue further guidance regarding same-sex spouses

Last September, three months after the U.S. Supreme Court issued its landmark decision in United States v. Windsor, the IRS issued some much-anticipated guidance regarding the treatment of same-sex spouses. For employers who…more

| Civil Rights, Labor & Employment Law, Finance & Banking, Health,...

Trade secrets vs. patents

How do you determine whether technology-related information will have more value as a trade secret or a patent? Both protection strategies have advantages and disadvantages for certain types of information. Here are a few tips…more

| Intellectual Property, Science, Computers, & Technology

Message to Employers: Stick to your story

A decision by a federal court in Oklahoma City reminds employers that when terminating an employee for a legitimate business reason, an employer does not need to sweeten the pot with additional reasons for termination –…more

| Civil Procedure, Civil Rights, Labor & Employment Law

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 employee…more

| Communications & Media Law, Labor & Employment Law

Has unionized college football arrived?

Were the Doors thinking about the prospect of unionized college football when they wrote and performed “The End”? That’s how many of us felt when the NLRB ruled that Northwestern University football players could form a union…more

| Art, Entertainment, & Sports Law, Education, Labor & Employment Law

Policing the workplace: Are you my supervisor?

A recent Tenth Circuit Court of Appeals case involving the rape of an employee by her superior clarifies the Tenth Circuit’s case law on when an individual is considered a “supervisor,” and also provides a cautionary tale for…more

| Civil Rights, Labor & Employment Law

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

| Labor & Employment Law, Taxation

A closer look at the expansion of overtime

Last week’s announcement by President Obama of a planned increase to the number of employees who would be entitled to receive overtime pay set off a barrage of reactions. Now, let’s take a closer look at what it is all about…more

| Labor & Employment Law

Concurrent ‘Alter-Ego’ Claims: Oklahoma Leads the Nation in Extending...

During the past several years, practitioners have devoted significant attention to the fate of the Oklahoma Legislature’s efforts at, and the Oklahoma Supreme Court’s response to, legislative tort reform. However, few noticed…more

| Bankruptcy, Business Organizations, Civil Procedure, Commercial Law &...

NLRB continues quest to expand its authority

Now that the National Labor Relations Board has its mandated full complement of five members, it is expected that it will continue its quest to broaden its authority over private employers. For example, along with the NLRB’s…more

| Labor & Employment Law

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.