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Employee or independent contractor? Department of Labor issues new proposed “Five-Factor Test”
/in General, Insight Labor and Employment /by Dave RheaBy Phoebe B. Mitchell In the past several years, employers have struggled to determine whether some workers should be classified as employees or as independent contractors. The difference is significant, as employees are entitled to many benefits that independent contractors are not, including overtime for those not exempt under the federal Fair Labor Standards Act […]
Clients seek lower costs for legal services
/in General, Insight /by Dave Rhea[VALUE] Clients, including in-house legal departments, are understandably focusing on lowering their legal expenses. They are looking to mid-market law firms like Phillips Murrah to achieve it.
Force majeure clauses and COVID-19
/in Insight /by Nathan HatcherGavel to Gavel appears in The Journal Record. This column was originally published in The Journal Record on September 17, 2020. By Phillips Murrah Attorney Kendra M. Norman Force majeure clauses are common clauses in contracts that allocate risk between parties and release a party from liability or obligations during unforeseeable or unpredictable events that are out […]
Breaking News: IRS issues guidance on Trump’s payroll tax deferral order
/in General, Insight Labor and Employment, Tax Law, Business Law /by Dave Rhea[TAX LAW] IRS and Treasury guidance indicates that the Treasury intends to put the onus of Trump’s deffered tax repayment on the employer, with the employer potentially subject to interest, penalties, and additions to tax beginning on May 1, 2021, if the employer is unable to collect the accrued tax liability from its employees.
U.S. Dept. of Labor releases paid leave guidance for employees with children returning to school
/in Insight Labor and Employment /by Dave Rhea[EMPLOYMENT] USDOL issued additional guidance on Thurs., Aug. 28, regarding employees taking paid leave under the FFCRA related to children returning to school.
Teleworking and an Employer’s Woes of Record Keeping
/in General, Insight Labor and Employment /by Dave RheaIn this era of Covid-19, many employees who have never had the opportunity to telework are now, out of necessity, teleworking. This creates many challenges for employers – and none is more important than the employer’s obligation to exercise reasonable diligence in tracking teleworking employees’ hours of work. The Wage and Hour Division of the […]
New York Federal Court invalidates department of labor FFCRA regulations creating potential nationwide ramifications
/in General, Insight Labor and Employment /by Dave RheaBy Phoebe B. Mitchell On August 3, 2020, the United States District Court for the Southern District of New York invalidated multiple Department of Labor (DOL) regulations interpreting the Families First Coronavirus Response Act (FFCRA), Congress’ response to the COVID-19 pandemic. The FFCRA provides paid leave to employees unable to work during the coronavirus crisis. […]
Does COVID-19 constitute a material adverse effect?
/in Insight Mergers and Acquisitions /by Nathan HatcherGavel to Gavel appears in The Journal Record. This column was originally published in The Journal Record on August 6, 2020. By Phillips Murrah Attorney Travis E. Harrison In addition to a vast human toll, COVID-19 has wreaked havoc on businesses, markets and supply chains. With infections still spreading, businesses have suffered cash and liquidity constraints and […]
What is the status of evictions and foreclosures in Oklahoma amidst the COVID 19 pandemic?
/in Insight Bankruptcy and Restructuring, Real Estate Litigation, Real Estate Transactions /by Dave RheaBy Gretchen M. Latham In March 2020, the State Supreme Court entered an Order extending statutory deadlines, which included an extension of any answer deadline on pending civil cases. For foreclosure actions, that means many borrowers were given additional time to reply to a Petition in Foreclosure. However, even though the State Supreme Court subsequently […]
Equine Estate Planning: What if your horses outlive you?
/in Insight Private Wealth, Estate Planning and Business Succession /by Nathan HatcherThe following column was originally published in OklahomaHorses Magazine’s July/August 2020 issue. By Phillips Murrah Attorney Kendra M. Norman It is not an easy topic of discussion, but as a horse owner, it is important to consider the care of your horses after your passing. To ensure proper care and management, it is imperative to […]
ALERT: Supreme Court ruling impacts property and title rights across large portion of Oklahoma
/in General, Insight Oil and Natural Gas Transactions, Real Estate Litigation, Tax Law, Oil and Natural Gas Title Examination, Real Estate Transactions /by Dave RheaThe outcome of Thursday’s Supreme Court ruling could have far-reaching implications for the State of Oklahoma and its citizens as it relates to property rights and land titles, taxation, and other matters involving tribal affairs.
Efficiency programs help reduce energy load, costs
/in Insight Energy and Natural Resources Practice /by Nathan HatcherThe following column was originally published in The Journal Record on June 30, 2020. By Phillips Murrah Attorney C. Eric Davis Summer’s here. That means warmer weather – and higher electric bills. However, there are ways to reduce your energy usage and save money. And chances are your utility company already has programs in place […]
Texas Lawyer: Mid-Market Strategy to Achieve Cost Reductions that Clients Seek
/in General, Insight /by Dave Rhea[TEXAS LAWYER] Providing experienced, mid-market shareholders at a lower billing rate improves efficiency, enhances value and achieves cost reductions that clients seek.
Supreme Court Rules Title VII Protects Gay and Transgender Employees
/in General, Insight Labor and Employment /by Dave RheaToday, the Supreme Court clarified that “[a]n individual’s homosexuality or transgender status is not relevant to employment decisions” and that “[a]n employer who fires an individual merely for being gay or transgender defies the law.”
SB 1928: Key changes to ABLE laws make curbside sales and delivery of alcohol permanent
/in General, Insight Franchise Law /by Dave Rhea[ALCOHOL SALES] The passage of Senate Bill 1928 in the last days of the session effectively made the ABLE Commission’s previous directives about curbside sales and delivery of alcohol permanent.