Articles

The Affordable Care Act is here to stay

In the last few weeks we have talked to hundreds of employers about the American Health Care Act (AHCA), which was proposed in the U.S. House of Representatives on March 6. Many of you have asked about the AHCA, how it might impact the Affordable Care Act (ACA), and what you should be doing given…

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Court OK’s termination of diabetic employee for misconduct

A recent federal appeals court decision case upheld an employer’s termination of a diabetic employee for misconduct, despite the employee’s argument that her poor work performance was a result of low-blood sugar. Diabetic employee and performance issues Janna DeWitt worked as a customer service representative in a call center for Southwestern Bell Telephone Company. She…

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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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Don’t bet the farm on March (legal) Madness

March is upon us, which means spring is near and the sweet smell of tournament brackets will soon fill the air. For many, the month is synonymous with March Madness, the NCAA’s annual tournament that crown’s college basketball’s next national champion. What will that mean for businesses? If history is any indication, it is a…

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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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Court rules employer not able to accommodate pregnant employee

A recent ruling by the federal appeals court that covers Oklahoma reminds employers that they must treat pregnant employees with health conditions or work limitations the same as any other employee with health conditions or work limitations. Pregnant employee can’t perform essential job requirement Stacey Jackson worked as an operator at a fertilizer plant owned…

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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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OSHA delays enforcement of limitations on post-accident drug testing

In previous articles, we discussed the Occupational Safety and Health Administration’s (OSHA) new rule regarding the reporting of workplace injuries and illnesses. One part of the rule requires employers to electronically submit injury and illness data. This portion of the rule is set to go into effect on January 1, 2017. Rule’s anti-retaliation provisions delayed…

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