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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 […]

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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, […]

DOL proposal contracting

Employee or independent contractor? Department of Labor issues new proposed “Five-Factor Test”

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 […]

How do legal clients define value

Clients seek lower costs for legal services

[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.

Kendra Norman Web

Force majeure clauses and COVID-19

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 […]

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Breaking News: IRS issues guidance on Trump’s payroll tax deferral order

[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.

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U.S. Dept. of Labor releases paid leave guidance for employees with children returning to school

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

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Teleworking and an Employer’s Woes of Record Keeping

In 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 […]

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New York Federal Court invalidates department of labor FFCRA regulations creating potential nationwide ramifications

By 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. […]

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Does COVID-19 constitute a material adverse effect?

Gavel to Gavel appears in The Journal Record. This column was originally published in The Journal Record on August 6, 2020. 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 anticipate such suffering to continue. The pandemic […]

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What is the status of evictions and foreclosures in Oklahoma amidst the COVID 19 pandemic?

By 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 […]