About Nathan Whatley
Nathan Whatley is a labor and employment attorney with McAfee & Taft. He represents management in all phases of litigation before federal and state courts, regulatory and administrative agencies and in arbitration matters. He also handles litigation matters involving the enforcement of non-competition and confidentiality agreements, breach of employment contracts, handbook and personnel policy violations, wage and hour disputes and other issues arising out of employer/employee relationships. He has litigated in Oklahoma, Texas, Illinois, California, South Carolina, Arkansas, Alabama, Washington, Tennessee, Georgia, Louisiana, New York, New Jersey, New Mexico, Kansas and Missouri.
Nathan also routinely counsels clients in connection with employee discipline, terminations and reductions in force; wage and hour issues; handbooks and policies; drug and alcohol programs; executive compensation, employment and non-competition agreements; and individual and group severance programs and related matters. He also provides training to management and non-management employees in all areas affecting the employer/employee relationship and regularly conducts on-site client training in areas such as sexual harassment, drug and alcohol testing, employee leave and disability, and EEOC compliance and investigation.
Nathan is a frequent speaker and writer on a variety of labor and employment topics. In addition to having served as editor of the newsletter for the Labor and Employment Law Section of the Oklahoma Bar Association, he has authored white papers for the Society for Human Resource Management and articles for the Oklahoma Law Review, Oklahoma Bar Journal and Oklahoma Employment Law Letter. His major writing credits include authoring “Oklahoma Employment Law: Practice and Forms Manual,” published by Data Trace Publishing Company in 2010; co-authoring “Entertainment and Media Law Client Strategies,” published by Aspatore Books in 2007; and serving as a contributing writer to “Age Discrimination In The Workplace: A Primer For Human Resource Professionals,” published by the Society for Human Resource Management in 1999.
Nathan has previously served as leader of McAfee & Taft's Labor and Employment Group. His experience and expertise have earned him inclusion in Chambers USA Guide to America's Leading Lawyers for Business, The Best Lawyers in America and Oklahoma Super Lawyers.
EMPLOYMENT LAW UPDATE »
New FMLA regs mandate poster change by March 8
The U.S. Department of Labor’s recent issuance of final rules implementing important changes to the Family and Medical Leave Act (FMLA) includes a mandate requiring employers with 50 or more employees to display an updated poster no later than March 8, 2013, the date the new regulations go into effect.
WORKPLACE DISCRIMINATION »
Construction worker too ‘manly’ to win same‑sex harassment claim
Vulgar banter, homophobic epithets and lewd gestures apparently don’t rise to the level of unlawful harassment and discrimination under Title VII, especially if you are not homosexual or noticeably effeminate. So says the Fifth Circuit Court of Appeals in its decision handed down last week.
EMPLOYMENT LAW UPDATE
OSHA sharpens focus on employer safety incentives and disincentives
The Occupational Safety and Health Administration (OSHA), the federal agency charged with assuring safe and healthy working environments, recently issued a memorandum which takes aim at employer safety incentive policies and practices.
Alleged NFL ‘snitch’ may have whistleblower retaliation claim
Just as the National Football League was handing down its harshest sanctions ever over the New Orleans Saints’ pay-for-play performance system — so dubbed “Bountygate” — former NFL player and TV commentator Warren Sapp used Twitter to rat out Jeremy Shockey, a tight end who played for the Saints from 2008 to 2010, as the [...]
YOU CAN’T MAKE THIS STUFF UP!
Pasta, Breadsticks and Pink Slips
Perhaps the owner of the Pittsburgh Power Arena Football League team wasn’t aware that Olive Garden’s slogan is, “When you’re here, you’re family.” Or perhaps he just had a taste for the ironic. For whatever reason, team owner Matt Shaner chose a Florida Olive Garden restaurant as the location for a pre-game meal of pasta, [...]
The ADA does have limits, says federal appeals court
The U.S. Court of Appeals for the Fourth Circuit recently ruled in the case of Boitnott v. Corning Incorporated that an employee who is medically restricted from working overtime, but who can work a normal 40-hour workweek does not, by itself, fit the definition under the ADA of “a physical or mental impairment that substantially [...]
Judge: No ‘lactation discrimination’ case by mom wanting to pump breast milk in workplace
Contrary to what one new mother — and the EEOC — thought to be a case of wrongful termination due to sexual discrimination, a federal district judge for the Southern District of Texas ruled that lactation is not a pregnancy, childbirth or related medical condition and, as such, cannot be considered a means for discrimination. [...]
7.5% in Apr 2013
5.0% in Mar 2013
5.6% in Mar 2013
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ELECTION 2012 »
Employers must allow employees opportunity to vote
Election Day is just two weeks away. It’s the perfect time to remind employers that Oklahoma law requires them to provide their employees up to two hours time off to vote during regular polling hours if they do not have sufficient time to vote before or after work on Election Day.
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