Posts by Charlie Plumb
What retaliation standard applies to employers?
Employee accusations of retaliation are some of the most dangerous claims to be levelled against employers. A recent appeals court decision that applies to Oklahoma employers holds that retaliation claimants must satisfy a specific standard in order to prevail in a retaliation lawsuit. City reorganizes law department In 2010, the City of Wichita, Kansas, was…
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On The Horizon: Greater enforcement of employment laws
Despite everything we’ve heard about deregulation, federal employment agencies ramped up their activity during 2018. And according to early indications, employers should expect the same trend in 2019. Here are a few examples. Equal Employment Opportunity Commission In 2018, the EEOC spent considerable effort whittling down its backlog of discrimination charges and investigations. The Commission…
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OSHA clarifies permissibility of post-accident drug testing, safety incentive programs
For years, employers assumed they were entitled to drug-test employees after they were injured or were involved in a workplace accident … then things became more uncertain. When the Occupational Safety and Health Administration first announced it viewed post-accident drug testing as potentially unlawful a couple of years ago, employers and business groups filed lawsuits…
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The dangers of ‘100% healed’ and ‘no restrictions’ policies
The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation to qualified individuals with a disability, unless doing so would trigger significant operational difficulties and/or expenses for the employer. Once an employer is aware of an individual’s disability and the possible need for an accommodation to perform their job, it is the…
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Medical marijuana application requirements and instructions posted
In our recent webinar, we mentioned that the Oklahoma State Department of Health had until July 26th to make medical marijuana application requirements, instructions and certain forms available to the public. You can now find that information online at the new Oklahoma Medical Marijuana Authority website, omma.ok.gov. Please note that while members of your workforce…
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Oklahoma transgender employee seeks reinstatement
In November we alerted employers that an Oklahoma City federal court jury awarded Rachel Tudor, a transgender employee, $1.165 million in her discrimination, retaliation and hostile work environment lawsuit against Southeastern Oklahoma State University (SEOSU). Since that time, at least three other federal appeals courts have likewise held that discrimination on the basis of transgender…
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With yet another court ruling sexual orientation discrimination unlawful, Supreme Court expected to weigh in
Courts have disagreed on whether an employer discriminating against an employee based upon their sexual orientation violates federal anti-discrimination laws. Yesterday’s ruling by a New York federal appeals court means this issue is bound to be decided by the U.S. Supreme Court. Firing of gay worker leads to Title VII lawsuit Donald Zarda worked for…
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Valuable free OSHA resource available for Oklahoma employers
Understanding and complying with OSHA’s many requirements can be daunting. At a recent Tulsa Area Employer Council meeting, Jason Hudson with the Oklahoma Department of Labor explained an excellent tool available for Oklahoma employers trying to address workplace safety and OSHA issues. Hudson is director of the department’s Safety Pays® OSHA Consultation Division, which is…
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NLRB reverses course on joint employers and employee handbooks
Whether it’s investigations, interpretations or lawsuits, actions taken by the National Labor Relations Board significantly impact employers and how they run their businesses. Decisions made by the Labor Board can apply to both unionized and non-unionized employers. Because other employment regulatory agencies like the Department of Labor and the Equal Employment Opportunity Commission have, on…
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Time for employers to up their game for preventing workplace harassment
Franken. Lauer. Spacey. Weinstein. Moore. And others. There is no question that in 2018 all employers will be facing growing harassment challenges. That means now is a critical time to assess the effectiveness of your policy, training and approach to harassment issues in your workplace. Your goal is to prevent harassment before it happens. In…
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