Articles

IRS announces special relief to help victims of Hurricane Harvey

Last week the IRS announced that 401(k) plans and certain similar employer-sponsored retirement plans can make loans and hardship distributions to help victims of Hurricane Harvey. Under the relief, a qualified employer retirement plan will not be treated as failing to satisfy any requirement under the Internal Revenue Code merely because the plan makes a…

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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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Employers’ right to keep employee tips

A recent decision by the federal appeals court that covers Oklahoma ruled that employers are not required to share customer tips with employees who are already receiving wages at or above the minimum wage amount. Employees were already being paid more than minimum wage Employee Bridgette Marlow brought suit against her employer, The New Food…

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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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Best practices for employers under the EEOC’s new strategic enforcement plan

The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous agenda. Employers hoping for a more employer-friendly EEOC under the new administration may be disappointed by the 2017 Strategic Enforcement…

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Department of Labor withdraws joint employer guidance

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most commonly found with companies that use temporary employees, staffing agencies or independent contractors, it can also apply to franchisor-franchisee and contractor-subcontractor relationships. When…

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Best practices for Oklahoma employers when inquiring about criminal histories

You’ve probably at least heard of the so-called “Ban the Box” movement, a campaign aimed at convincing employers to remove any checkbox on applications designed to elicit information regarding an applicant’s criminal record. Many states, counties and cities have enacted “Ban the Box” legislation, but it’s certainly not the law in all jurisdictions. And the…

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