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…
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The Oklahoma Supreme Court recently decided two issues related to informed consent under Oklahoma medical malpractice law in the case of Allen v. Harrison, 2016 OK 44, 374 P.3d 812. Informed consent is a basic principle of medical treatment that phys…
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The Oklahoma legislature recently amended the garnishment statutes set forth in 12 O.S. § 1171 and 12 O.S. § 1190. These changes will take effect on November 1, 2016. The most noteworthy change is to general garnishments under 12 O.S. § 1173.3 to…
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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.
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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…
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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…
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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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Read the full article, “Limitations on Damages Under the Oklahoma Anti-Discrimination Act Upheld by the Oklahoma Supreme Court,” by Kimberly Lambert Love and J. Miles McFadden in The Oklahoma Bar Journal,Vol. 85, No. 20, August 2014.
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Senate Bill 1031, signed by the Governor on April 23, 2013, confirms by statute that it is permissible for businesses or individuals to contract with an employee or independent contractor to prohibit the solicitation of other employees or independent…
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On May 6, 2013, Governor Mary Fallin signed into law Senate Bill 1062. The new law replaces Oklahoma’s adversarial court-based workers’ compensation system with an administrative system and provides an opportunity for employers to opt-out of the…
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