The Oklahoma Supreme Court in a 5-4 decision extended dram shop liability to commercial vendors for the sale of alcohol, including low-point beer, sold for off-premises consumption to an adult over the age of 21. The decision comes just as State Ques…
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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…
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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.
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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…
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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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