New Department of Labor Guidance on Whether Workers are Employees or Independent Contractors

On Wednesday, January 6, 2021, the U.S. Department of Labor (“DOL”) provided a “final rule” to clarify the distinction between employee status and independent contractor status under the Fair Labor Standards Act (FLSA). Employers frequently f… Read More
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Families First Coronaviru…

Families First Coronavirus Response Act

On Wednesday, March 18, 2020, the President signed into law the Families First Coronavirus Response Act (the Act). This new law, which goes into effect on April 2, 2020, provides additional, paid employment leave for employees affected by COVID-19, a… Read More
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Medical Marijuana Update:…

Medical Marijuana Update: New Law Signed by Governor Stitt

On March 14, 2019, Governor Kevin Stitt signed into law House Bill 2612, titled the Oklahoma Medical Marijuana and Patient Protection Act. This new law, which goes into effect 90 days after the close of this year’s legislative session, contains num… Read More
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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, board… Read More
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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… Read More
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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 h… Read More
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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. Read More
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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 re… Read More
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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… Read More
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‘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. Read More
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