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Employment Law Update: EEOC’s Latest Guidance on COVID-19 Vaccines
/in Insight Labor and Employment /by Nathan HatcherBy Janet A. Hendrick and Kim Beight Kelly On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) published 21 updated FAQs supplementing its guidance on workplace COVID-19 vaccination policies. This represents the EEOC’s first comprehensive update of its guidance regarding COVID-19 since December 2020, prior to large-scale vaccine availability. Notably, the EEOC prepared […]
E-Discovery in a Post-COVID World
/in General, Insight Product Liability Litigation, Real Estate Litigation, Labor and Employment, Oil and Natural Gas Litigation, Construction Law, Bankruptcy and Restructuring, Divorce & Legal Separations, Appellate Law, Antitrust Litigation, Business Law, Medical Malpractice Defense, Cybersecurity and Data Privacy, Civil & Constitutional Rights, Class Actions and Collective Actions, Commercial Litigation, Complex Torts, Insurance Defense and Coverage, Intellectual Property, Tax Controversy, Healthcare Law, Pharmaceutical & Medical Device, Financial Institutions Litigation, Workers\' Compensation /by Dave RheaWhen it comes to e-discovery, savvy litigants and litigators who take the time to proactively tweak their practices now will be well-positioned for effective advocacy (and intact litigation budgets) in a post-COVID world.
Oklahoma medical marijuana license holders could face custody issues
/in General, Insight Divorce & Legal Separations, Family Law /by Dave RheaBy Cassity B. Gies On June 26, 2018, Oklahoma voters approved State Question 788, legalizing cultivation, use, and possession of medical marijuana. Almost three years after passing with 57% of voter support, our state struggles to manage the competing interests surrounding a legal concept colored with controversial opinions, long standing prejudices, and discriminatory undertones that […]
UPDATE: U.S. Dept. of Labor withdraws independent contractor rule
/in Insight Labor and Employment /by Dave RheaThe U.S. Dept. Labor is withdrawing its new rule regarding classification of workers as independent contractors under the Fair Labor Standards (FLSA) on May 6. According to DOL, the rule was “inconsistent with the FLSA’s text and purpose, and would have a confusing and disruptive effect on workers and businesses alike due to its departure from longstanding precedent.”
United States Department of Labor launches Essential Workers, Essential Protections initiative
/in Insight Labor and Employment /by Nathan HatcherBy Phoebe B. Mitchell In another demonstration of its pro-worker agenda, President Biden’s Administration has launched a new webpage: Essential Protections During the COVID-19 Pandemic[1]. The webpage, created by the United States Department of Labor (DOL)’s Wage and Hour Division (WHD), is aimed at furthering the WHD’s goal of “protecting and enhancing the welfare of […]
Gifting in 2021 is a case of ‘Use it or lose it’
/in Insight Tax Law /by Nathan HatcherBy Jessica N. Cory This article appeared as a Guest Column in The Oklahoman on April 27, 2021. The federal government currently imposes a 40% tax on most lifetime gifts and transfers at death, with a few exceptions. For example, taxpayers can make “annual exclusion gifts,” or transfers of $15,000 per person per year, to […]
Virtual meetings increase public access
/in Insight Governmental Regulatory Law /by Nathan HatcherBy C. Eric Davis This article appeared as a Guest Column in The Journal Record on April 21, 2021. As schools and businesses increasingly met virtually over the past year, so too did Oklahoma’s governmental bodies, including boards of education, city councils, and state commissions. Today, largely as a result of the pandemic, online governmental […]
Employer tax considerations for remote work
/in General, Insight Labor and Employment, Tax Law /by Dave RheaBy Jessica N. Cory Over the last year, the COVID-19 pandemic resulted in a number of changes for employers, from navigating the PPP loan process to implementing new sick and family leave policies. One major change has been a massive experiment in telecommuting, with the number of American workers working at least part-time from home […]
Department of Labor announces return of liquidated damages for wage and hour claims
/in General, Insight Labor and Employment /by Dave RheaBy: Janet Hendrick and Phoebe Mitchell On April 9, 2021, in Field Assistance Bulletin (FAB) No. 2021-2, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) announced it would return to its former policy of seeking liquidated damages from employers in pre-litigation investigations and settlements of wage and hour claims. This revived policy simultaneously […]
USDOL seeks to overturn two proposed FLSA rules: Independent Contractor Rule and Joint Employer Rule
/in General, Insight Labor and Employment /by Dave RheaBy 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 […]
Understanding tribal legal systems increasingly important
/in Insight Native American Law /by Nathan HatcherBy 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 […]
Kanye Family Law Lessons – Digging for Gold in Oklahoma
/in General, Insight Paternity, Divorce & Legal Separations, Prenuptial Agreements, Family Law /by Dave RheaBy 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 […]
OSHA issues updated guidance on workplace COVID-19 prevention programs
/in General, Insight Labor and Employment /by Dave RheaBy 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 […]
LLCs often struggle to qualify for diversity jurisdiction
/in Insight Product Liability Litigation, Appellate Law, Class Actions and Collective Actions, Commercial Litigation, Litigation /by Dave RheaBy 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 […]
Limitations of the Texas Citizens Participation Act
/in General, Insight /by Dave RheaThe 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.