Posts by Paul Ross

A tiger by the tail

Back in school, I recall reading the short story The Lady or the Tiger? It’s about a woman made to choose between two fates for her would-be husband, neither of which was particularly pleasant. What she would choose is left for the reader to decide. Employers face a similar decision when considering criminal background checks.

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INTELLECTUAL PROPERTY » Who owns inventions by employees?

Yale Preston was an at-will employee of Marathon Oil Company in the Powder River Basin of Northeastern Wyoming. While employed by Marathon, Preston developed a process that he believed would improve methane gas extraction from wells. Marathon began using the process while he was employed and continued using it after his employment ended. When Preston objected, the dispute led to litigation over the ownership of the relevant patents.

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EMPLOYMENT LAW UPDATE Oklahoma’s new drug testing law: Are you ready?

Earlier this year, Oklahoma Governor Mary Fallin signed into law a set of sweeping changes to Oklahoma’s drug and alcohol testing act which were championed by the business community and welcomed by Oklahoma employers (see May 18, 2011, EmployerLINC Employment Law Update reprinted in the section below). What employers need to do now The new act becomes effective…

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EMPLOYMENT LAW UPDATE Sweeping changes to Oklahoma employer drug testing law

Oklahoma has long been considered an employee-friendly state on the issue of drug and alcohol testing by employers. As Oklahoma employers know all too well, the Oklahoma Standards for Workplace Drug and Alcohol Testing Act places significant restrictions on an employer’s ability to conduct testing and creates several hyper-technical and procedural obstacles for employers to…

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EMPLOYMENT LAW UPDATE New I-9 ‘final rule’ effective May 16

On April 14, 2011, the U.S. Citizenship and Immigration Service (USCIS) announced a new “final” rule regarding the process by which employers verify the identity and employment authorization of their newly hired employees. In the wake of that announcement and the ongoing federal I-9 audit initiatives, employers are properly questioning the status of their I-9…

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