Labor & Employment Law Blog
July 29, 2010
Evolving Gender Equality Issues
It is important to remember that gender discrimination issues are not limited to only those brought by female employees. As society’s expectations for the balance of work and family life evolves, employers should be aware that employees’ expectations regarding work schedules and arrangements, including those of its male workers, may also be quickly evolving.
Read MoreJuly 22, 2010
Increased Enforcement of Employees Misclassified as Independent Contractors
The use of independent contractors by companies to supplement a workforce can be an effective measure to control costs. However, based upon recent initiatives taken by the federal government, companies should take this opportunity to audit their workforce to ensure they are not misclassifying employees as independent contractors.
Read MoreJuly 20, 2010
Retaining Form I-9 Verification Documents
The Immigration Reform and Control Act (IRCA) requires that each new employee complete a DHS Form I-9 on the first day of employment. Within the initial three days of employment, the employee must submit “original” documentation to verify identity and authorization to lawfully work in the United States. IRCA also requires that the verification documentation be examined by the employer to determine whether the documents offered by employees are “originals” or copies and whether they appear to be genuine. IRCA permits, but does not require, an employer to copy and retain the verification documents. Thus the issue: what policy should the employer implement and enforce regarding retention of verification documents?
Read MoreJuly 16, 2010
Oklahoma Legislature Reverses Supreme Court Holding And Restores Effectiveness of Exclusive Remedy Provision In Workers’ Compensation Act
As in most states, Oklahoma’s Workers’ Compensation Act, Okla. Stat. tit. 85, § 1, et seq. (“the Act”) strives to achieve a delicate balance between eliminating certain barriers to employee claims for injuries, and limiting an employer’s potential exposure for work-related claims. For example, the Act generally permits employees to make claims and receive benefits for accidental injuries arising out of and in the course of their employment. With some exceptions, employers cannot assert defenses to workers’ compensation claims under theories of contributory negligence, assumption of the risk, etc. By the same token, however, the Act also places limits on employee damages for most work-related injuries; employees cannot assert common law tort claims with open-ended demands for compensatory damages.
Read MoreJuly 12, 2010
When Is a Position “Vacant” for Purposes of a Reasonable Accommodation Transfer?
In a recent opinion, the Tenth Circuit clarified when a position is considered “vacant” such that a disabled employee may request reassignment to that position as a reasonable accommodation.
Read MoreJuly 01, 2010
The Oklahoma Legislature Brings the Oklahoma Anti-Discrimination Act In line with Title VII with Respect to Gender Discrimination
On December 15, 2009, the Western District of Oklahoma dismissed a plaintiff’s pregnancy discrimination claim because it found that her claim was not protected by the Oklahoma Anti-Discrimination Act (“OADA”). Bryant v. Veolia Water North, America-West, L.L.C., CIV-09-0885-HE (December 15, 2009). In so doing, it recognized a loophole in the OADA. In the most recent legislative session, however, that loophole was filled by Senate Bill 1814, which was signed into law by Gov. Brad Henry on April 19, 2010.
Read MoreJune 21, 2010
Mandatory Tutorial for Current E-Verify Users
Last week, the USCIS Launched a redesigned E-Verify employer web interface. As a result, the USCIS now requires current E-Verify users to complete an updated tutorial to be able to efficiently use the new web interface. According to the USCIS, the new web interface has improved navigational tools, and will result in a lower error rate. In addition, the new interface has enhanced security features. For example, it masks Social Security numbers to protect privacy of the employees. According to the USCIS, the new interface minimizes the chances of fraudulent access as well.
Read MoreJune 16, 2010
To Mediate or Not to Mediate That is the Question: The EEOC’s Mediation Process
The vast majority of discrimination complaints filed with the Equal Employment Opportunity Commission--as well as most filed with state Fair Employment Practices agencies--come with an invitation to mediate from the agency. Those invitations generally explain the advantages the agency sees in its mediation program, and give you a number to call or a person to write in order to participate in the program.
Read MoreJune 14, 2010
Employee Polygraph Protection Act
Often, when damages or economic injury occurs in the workplace, the employer may have a reasonable suspicion as to which, if any, employees are involved. However, the employer may not feel comfortable disciplining and/or terminating that employee without additional evidence showing the employee was, in fact, involved. A federal statute, known as the Employee Polygraph Protection Act (“EPPA”), and its implementing regulations, 29 CFR 801.22, 801.23, 801.24, and 801.25, allows employers to request that an employee submit to a polygraph examination under limited circumstances.
Read MoreJune 02, 2010
Assistance to Companies Affected By Disasters
Many companies across the country have been affected by recent disasters. For example, the storms in Oklahoma, flooding in Tennessee, and the BP oil spill in the Gulf have left many companies with significant damage or destruction, as well as left many employees homeless or facing a series of recovery issues.
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