Posts by Charlie Plumb

Oklahoma jury awards transgender employee $1.165 million

The courts, the Department of Justice, and the Equal Employment Opportunity Commission hold differing views on whether Title VII prohibits employment discrimination on the basis of sexual orientation or sexual identity. Nevertheless, this Monday an Oklahoma City federal court jury awarded a transgender plaintiff $1,165,000 on her claims of discrimination and retaliation. Professor Tudor’s claims…

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Vague, open-ended medical leave denied

The Americans with Disabilities Act requires employers to consider a leave of absence for an employee due to a medical condition as a form of accommodation. However, that requirement is not without limitations. A recent appeals court decision that applies to Oklahoma employers demonstrates that an employer may not be required to provide leave to…

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New Form I-9 available

A Form I-9 is used for verifying the identity and employment authorization of individuals — both citizens and noncitizens — hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. On July 17, 2017, U.S. Citizenship and Immigration…

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Medical exam results and tasks actually performed

When addressing the issues of a person’s ability to perform a job or the potential need for accommodation, don’t forget to take into account work the individual has previously performed. Sometimes that can be every bit as important as the results of a medical examination. Temporary work at Bama Arnold Iselin worked for Prime Industrial…

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Employer liable for off-duty murder?

Companies often assume they are not responsible for interactions between employees that happen off-site after hours and that are unrelated to their jobs. However, if a supervisor and a subordinate are involved and the employer failed to take appropriate action regarding workplace issues between the two leading up to the “off-campus” event, then a different…

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Attack on an employer’s promotion decision

Are you prepared to defend a promotion or hiring decision when someone accuses you of discrimination? That’s when an employer must be in a position to show their selection was absolutely non-discriminatory and based upon selecting the best candidate. Missed promotion For more than 18 years, Chris Edwards worked for the Oklahoma Bureau of Narcotics…

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What not to do in wage and hour investigations

Last month the Tenth Circuit Court of Appeals upheld a $2.1 million dollar judgment entered against a Tulsa restaurant for Fair Labor Standards Act (FLSA) overtime and minimum wage violations. If you ever wanted a guide on how not to handle a Department of Labor investigation, here it is. It will make you cringe. El…

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No medical report means no accommodation

I’m proud to be an Okie from Muskogee — “Okie from Muskogee” by Merle Haggard and Roy Edward Burris (1969) Although the Army Ammunition Depot is located in McAlester, it was a Muskogee federal court that upheld an employer’s right to require adequate medical support before granting an employee’s request their job be modified on…

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Texas court stops DOL effort to expand overtime

The November 22 ruling by a Texas federal court delays implementation of the U.S. Department of Labor’s (DOL) new regulations which would have increased the number of employees entitled to overtime pay. In fact, the court’s decision calls into question whether the proposed overtime changes will ever go into effect. The DOL’s proposed regulations doubling…

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Are you a joint employer?

Are you an employer who uses temporary employees, staffing agencies or independent contractors? Use of such contingent or contract workers is not unusual and may be necessary for your operations. If you are in that situation, 2017 might find you in the crosshairs of governmental agencies that want to treat you as a “joint employer.”…

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