Young woman contract worker in gig economy

USDOL seeks to overturn two proposed FLSA rules: Independent Contractor Rule and Joint Employer Rule

By Byrona J. Maule and Phoebe B. Mitchell In January, the United States Department of Labor (DOL) issued a notice of proposed rulemaking regarding the classification of independent contractors. Now, just months into President Biden’s term, his administration seeks to overturn both this proposed rule and the DOL’s final rule regarding joint employers. Independent Contractor […]

Phillips Murrah litigation attorney Hillary Clifton discusses holiday legal hazards.

Understanding tribal legal systems increasingly important

By Hilary Hudson Clifton This article appeared as a Guest Column in The Journal Record on March 11, 2021. The Cherokee Nation Supreme Court recently ruled that the words “by blood” must be removed from the tribe’s constitution – a decision intended to afford full citizenship rights to descendants of individuals formerly enslaved by members […]

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Kanye Family Law Lessons – Digging for Gold in Oklahoma

By Robert K. Campbell Music has permeated our society since the beginning of time. Artists have touched on all topics, such as politics, religion, social matters, etc. In 2005, Kanye West had a number-one hit song with “Gold Digger.” Urban Dictionary defines the term “gold digger” as “someone who only likes people because of how […]

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OSHA issues updated guidance on workplace COVID-19 prevention programs

By Lauren Symcox Voth The Occupational Safety and Health Administration (“OSHA”) published updated COVID-19 guidance for businesses on Friday, Jan. 29, 2021. The guidance, Protecting Workers:  Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace, (“Guidance”) outlines obligations for employers to comply with OSHA’s General Duty Clause during the pandemic and draws […]

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LLCs often struggle to qualify for diversity jurisdiction

By Justin G. Bates This article appeared as a Guest Column in The Journal Record on Jan. 27, 2021. LLCs have quickly become the dominant legal entity of the 21st century for various reasons. Like any business entity, LLCs frequently find themselves involved in litigation. When a dispute reaches its boiling point, many businesses prefer […]

Laurel L. Baker featured in Texas Lawyer

Limitations of the Texas Citizens Participation Act

The Texas Citizens Participation Act (TCPA), commonly referred to as the Texas Anti-SLAPP statute, provides litigants a valuable tool: an early opportunity to move to dismiss a lawsuit that infringes on their First Amendment rights, and if successful, an award of attorney fees.

contract gig worker

Employee or independent contractor? DOL finalizes new rule

By Michele C. Spillman The United States Department of Labor announced a new final rule on January 6, 2021 regarding classification of workers as independent contractors under the federal Fair Labor Standards Act (FLSA).  “Streamlining and clarifying the test to identify independent contractors will reduce worker misclassification, reduce litigation, increase efficiency, and increase job satisfaction […]

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Sign of the Times: Department of Labor publishes guidance on electronic postings and telemedicine visits in light of pandemic changes

By Janet A. Hendrick Recognizing ongoing changes the COVID-19 pandemic has brought to the way we work and receive medical treatment, the Wage and Hour Division of the United States Department of Labor issued employer guidance on December 29, 2020 on two issues:  electronic posting of required employment law notices and when a televisit with […]

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Employment Law Update: EEOC Issues Guidance Regarding COVID-19 Vaccine in the Workplace

By Phoebe B. Mitchell On December 16, 2020, the EEOC published its highly anticipated guidance regarding the COVID-19 vaccine in the workplace. The guidance addresses employment law issues related to the vaccine under the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act, and Title II of the Genetic Information Nondiscrimination Act […]

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SCOTUS declines to hear same-sex parent case

By Janet A. Hendrick and Mark E. Hornbeek On December 14, 2020, the United States Supreme Court declined to review the Seventh Circuit Court of Appeals’ decision requiring the State of Indiana to list two females on the birth certificate of a child of a lesbian couple who was conceived by in-vitro fertilization. Ashlee and […]

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Employers should prepare for COVID-19 vaccine in the workplace

By Phoebe B. Mitchell On December 11, 2020, the United States Food and Drug Administration (FDA) issued its first emergency use authorization (EUA) for the COVID-19 vaccine, which allows Pfizer-BioNTech, the manufacturer of the vaccine, to distribute the vaccine throughout the United States. This encouraging step for the United States in its fight against COVID-19 […]

Oklahoma Opioid Decision by Phillips Murrah healthcare attorney Mary Holloway

Richard, healthcare counsel to review Stark Law, Anti-Kickback Statute final rules

By Phillips Murrah Healthcare Attorney Mary Holloway Richard Final Rules have been issued for both the Stark Law (“Stark”) and the Anti-Kickback Statute (“AKS”).  Healthcare providers and their counsel have been awaiting these new rules for some time now.  In the days ahead, Phillips Murrah healthcare counsel will be studying the 627 pages of the […]

Face Coverings at Work

COVID-19 Update: Okla. Gov. Stitt issues new restrictions, U.S. DOL updates face mask FAQs

By Phoebe Mitchell and Martin Lopez III COVID-19 Update: Oklahoma Governor Kevin Stitt Issues New Restrictions Against the backdrop of surging numbers of COVID-19 cases in Oklahoma, Governor Stitt recently announced the Seventh Amended Executive Order 2020-20. In addition to the protective measures afforded by the previous iterations of the Executive Order, this newest version […]

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Vicarious liability – Physicians can take steps to minimize risk

The following column was originally published in The Journal Record on October 5, 2020. By Phillips Murrah Attorney Martin J. Lopez III Between 2003 and 2020, the number of certified physician assistants practicing in the United States increased by over 220%. Set against this landscape of PA’s increasing role in health care, supervising physicians must […]

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Proactive tech considerations in the era of the virtual workplace

The following column was originally published in The Oklahoman on October 4, 2020. By Phillips Murrah Attorney Hilary H. Clifton As thousands of workers continue to clock in remotely each day, many businesses are still learning the ins-and-outs of the virtual collaboration platforms their employees are using. Microsoft Teams, Slack, Google Docs, BlueJeans, Trello, and, […]