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.
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
By 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 […]
[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.
Gavel 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 […]
[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.
[EMPLOYMENT] USDOL issued additional guidance on Thurs., Aug. 28, regarding employees taking paid leave under the FFCRA related to children returning to school.