Posts by Roberta Fields

Misclassification of workers just got riskier for Oklahoma employers

For years, we have been warning employers of the dangers of misclassifying workers as independent contractors when they are actually employees. Information-sharing among agencies on the rise The federal government shows no signs of backing away from enforcement here. Between 2008 and 2015, the Department of Labor (DOL) hired 2,000 investigators, doubling its number. To…

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Some pre- and post-shift activity not compensable

In recent years, a number of collective action wage and hour disputes involving the donning and doffing of protective work clothing have made their way through the courts. And in many of those cases, the employers have been on the losing end of those judgments and settlements. But what happens if the topic of compensating…

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What employers need to know about transgender discrimination

Recent developments in the area of transgender rights should put employers on notice that government agencies are serious about eliminating this type of discrimination. DOJ steps in to sue university in Oklahoma Typically the Equal Employment Opportunity Commission (EEOC) is the entity charged with enforcing federal employment laws. This past March, the Department of Justice…

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Timing of termination creates question of fact in association discrimination case

In employment law, including association discrimination cases, timing is everything. When Terry Booker was fired from his job of 22 years at Delfasco, a manufacturing facility in Greene County, Tennessee, in March 2012, he filed suit for “association discrimination” under the Americans with Disabilities Act (ADA) and a retaliation claim under the Family and Medical…

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GINA » EEOC steps up enforcement of genetic information non-discrimination

Each year, scientific advancements in the field of genetics broaden our understanding of health issues and, specifically, the impact that heredity plays on a person’s chances of developing certain medical conditions. Such research has led to more and more genetic tests designed to help people understand their risks for getting cancer, diabetes, heart disease, Alzheimer’s,…

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EMPLOYMENT LAW UPDATE » Supreme Court declines opportunity to resolve split in the circuits over ADA job reassignment issue

The issue: Under the Americans with Disabilities Act, can an employer force an employee with a disability to compete for an open position? It’s a question that continues to split the nation’s circuit courts of appeals, as the U.S. Supreme Court recently declined to hear an appeal in United Airlines Inc. v. EEOC.

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ON-THE-JOB INJURY » Firing a TTD employee

Employers understand that they cannot terminate employment because an employee has filed a claim for an on-the-job injury. Employers may be less aware of a specific termination prohibition under the code. An employee receiving temporary total disability benefits, or TTD, cannot be discharged while receiving TTD “solely on the basis of absence from work.”

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