This week, the federal government took aim at restrictive employment agreements it deemed unfair and unlawful when the Federal Trade Commission issued its final rule banning noncompetes nationwide. Meanwhile in Oklahoma, the...more
In the Tenth Circuit, courts have long required employees alleging Title VII discrimination arising from a job transfer to show they suffered “significant harm” as a result of the job change. Yesterday, the U.S. Supreme Court...more
Employers know that the Americans with Disabilities Act requires them to engage in an “interactive process” with employees seeking a reasonable accommodation. This is a back-and-forth discussion to determine the employee’s...more
Judges and courts enforce anti-discrimination and retaliation laws, but are they ever accused of violating those laws themselves? That is exactly what was alleged in a recent Tenth Circuit case that offers helpful takeaways...more
On February 21, 2023, the National Labor Relations Board issued its decision in McLaren Macomb, ruling that severance agreements containing broad confidentiality provisions or non-disparagement provisions prohibiting an...more
Today, the Federal Trade Commission issued a game-changing proposed rule that could change the employment terms of approximately 30 million American workers. The proposed rule would: (1) ban all non-compete agreements for...more
This week, the U.S. Department of Labor announced a revised proposed regulation that provides guidance on whether workers are properly classified as independent contractors (who are not covered by the Fair Labor Standards...more
Congress has passed many laws that prohibit discrimination in many ways. Four of those statutes were passed pursuant to Congress’s authority under the Spending Clause in the U.S. Constitution....more
Those familiar with the oil and gas industry know that workers are often paid a day rate. For some workers, those day rates can be lucrative. One such worker was Michael Hewitt, a tool pusher for Helix Energy Solutions Group....more
Nearly four years ago, the U.S. Supreme Court held that employers can enforce arbitration agreements that waive an employee’s right to joining a class action lawsuit. Since then, many companies have avoided what would be...more
On July 26, 2021, the Biden Administration announced that “long COVID” – a condition in which some people continue to experience COVID symptoms long after the acute phase of infection –could be considered a disability under...more
In early January 2021, the Trump administration created a new, employer-friendly regulation that would have made it easier (or at least provided clarity) for companies to classify workers as independent contractors. That rule...more
In early January 2021, the Trump administration created a new, employer-friendly regulation that would have made it easier (or at least provided clarity) for companies to classify workers as independent contractors. That rule...more
Congress just released the text of the $900 billion stimulus bill. The bill, which is over 5,000 pages long, has provisions for extending tax credits for employers that voluntarily provide paid leave under the Families First...more
On Monday, August 3, 2020, a New York federal judge struck down four components of the U.S. Department of Labor’s (DOL) regulations that implemented the emergency paid leave provisions of the Families First Coronavirus...more
8/5/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health Care Providers ,
Intermittent Leave ,
Labor Regulations ,
Paid Leave ,
Paid Time Off (PTO) ,
Required Documentation ,
Sick Leave ,
Wage and Hour
Unemployment filings in Oklahoma, and elsewhere, are at an all-time high due to the coronavirus pandemic. The Oklahoma Employment Security Commission (OESC) recently stated that is has paid more than $432 million in...more
The U.S. Department of Labor just recently updated its Q&A on the Families First Coronavirus Reponse Act, providing additional, much-needed guidance to employers. The interpretation and implementation to the FFCRA is changing...more
Informed employers know they must pay non-exempt employee for all hours actually worked. If an employee works unapproved hours or overtime, the company must still pay for that time; however, they may discipline that worker...more
2/19/2020
/ Appeals ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Exceptions ,
Fair Labor Standards Act (FLSA) ,
Former Employee ,
Hiring & Firing ,
Insubordination Policy ,
Over-Time ,
Retaliation ,
Reversal ,
Summary Judgment ,
Timekeeping ,
Unpaid Overtime
Can a business that is deemed illegal under federal law still be subject to federal wage and hour laws? That’s the question recently answered in a decision handed down in Robert Kenney v. Helix TCS, Inc. by the Tenth Circuit...more
11/22/2019
/ Appeals ,
Controlled Substances Act ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Law Violations ,
Marijuana ,
Marijuana Related Businesses ,
Misclassification ,
Over-Time ,
Salaried Employees ,
Unpaid Wages ,
Wage and Hour
Customers, trade secrets, and proprietary information are the lifeblood of any company. For this reason, companies routinely have employees sign confidentiality agreements and, to the extent they are enforceable,...more
2/23/2019
/ Best Practices ,
Breach of Contract ,
Breach of Duty ,
Confidentiality Agreements ,
Contract Drafting ,
Corporate Counsel ,
Customer Information ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Duty of Loyalty ,
Evidentiary Standards ,
Exit Interviews ,
Forensic Examination ,
Future Harm ,
Injunctive Relief ,
Misappropriation ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Trade Secrets ,
Unfair Competition
A new opinion from the Tenth Circuit Court of Appeals, Acosta v. Jani-King of Oklahoma, Inc., is a reminder that there are still significant risks when classifying workers and independent contractors....more
10/31/2018
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Franchise Agreements ,
Independent Contractors ,
Janitorial Services ,
Misclassification ,
Obama Administration ,
Reversal ,
Right to Control ,
State Labor Laws ,
Trump Administration
Just as employers have a legal duty to reasonably accommodate employees’ disabilities, they also have an obligation to reasonably accommodate employees’ religious practices. Employers often struggle with determining what is...more
A new pilot program announced by the U.S. Department of Labor just last week provides employers with renewed hope that the agency is changing its approach from one of strict regulatory enforcement to one that seeks to...more
Dealing with departing employees can be tricky. That’s why many companies require certain employees — particularly those with access to confidential or proprietary company information or customers — to sign written agreements...more
3/2/2018
/ Appeals ,
Blue Pencil Contract Modification ,
Confidentiality Agreements ,
Contract Terms ,
Declaratory Judgments ,
Employment Contract ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Reversal ,
TRO ,
Unfair Competition
There is a needed focus on mental health issues these days. We see it on social media as well as in the news. And, as a nation, we are hopefully moving to a place were individuals can get the help they need without any...more