» Labor & Employment Law

Striving for a Positive C…

Striving for a Positive Corporate Culture

In the last few months, we have become familiar with a new routine: a high-profile executive is accused of sexual harassment or other sexual misconduct, resulting in bombshell headlines, followed by “me too” allegations.  Now more than ever, boa…
Changing Exhaustion of Ad…

Changing Exhaustion of Administrative Remedies in Employment Lawsuits

The Case Law and Its Implications for Both Plaintiffs’ and Defense Counsel By Kimberly Lambert Love and Jason L. Callaway In many types of employment claims, a plaintiff must first exhaust administrative remedies, typically by filing a charge o…
Avoiding Disputes After a…

Avoiding Disputes After a Settlement Conference or Mediation

Recently, in Tucker v. Mercy Tishomingo Hospital Corporation, the Tenth Circuit Court of Appeals considered an issue related to the scope of releases commonly given by plaintiffs in settlement agreements for employment-related lawsuits.[1]  The case…
EEOC Takes the Lead in Ch…

EEOC Takes the Lead in Challenging Sexual Orientation Discrimination

Read the full article, “EEOC Takes the Lead in Challenging Sexual Orientation Discrimination,” by co-author Mary L. Lohrke in The Oklahoma Bar Journal, Vol. 88, No. 2, January 2017.
OSHA Issues Guidance on D…

OSHA Issues Guidance on Discipline Policies, Incentive Programs, and Post-Accident Testing

The Occupational Safety and Health Administration (OSHA) recently published guidance explaining its new regulations and clarifying its position with regard to the new anti-retaliation provision.  To be clear, the new anti-retaliation provision only…
Federal Judge Blocks New…

Federal Judge Blocks New FLSA Overtime Rules

On November 22, 2016, a U.S. District Court Judge in the Eastern District of Texas issued an order granting a preliminary injunction in a case brought by twenty-one (21) states against the Department of Labor (“DOL”) seeking to stop the new Fair…
‘Sniffing’ Out an ADA…

‘Sniffing’ Out an ADA Claim: Chemical, Fragrance and Scent Sensitivities in the Workplace

Read the full article, “‘Sniffing’ Out an ADA Claim: Chemical, Fragrance and Scent Sensitivities in the Workplace,” by Kimberly Lambert Love and J. Miles McFadden in The Oklahoma Bar Journal, Vol. 87, No. 24, September 2016.
FLSA Final Rules on Overt…

FLSA Final Rules on Overtime

In 2014, President Obama directed the Department of Labor (“DOL”) to update the regulations defining which white collar workers are protected by the Fair Labor Standard Act’s (“FLSA”) minimum wage and overtime standards. Last month the DOL…
New EEOC Guidance on Leav…

New EEOC Guidance on Leave and the ADA

On May 9, 2016, the EEOC published new guidance entitled Employer-Provided Leave and the Americans with Disabilities Act. The guidance is intended to help educate employers about workplace leave as a reasonable accommodation under the ADA. The EEOC g…
New FMLA Poster & Guidanc…

New FMLA Poster & Guidance

The Department of Labor (“DOL”) has issued a new general FMLA Notice that employers may post in its workplaces. The DOL also issued a new guide to help employers administer the FMLA. Under the FMLA, an FMLA-covered employer must post a copy of th…

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