Tag: Oklahoma

Oklahoma prohibition on same-sex marriages found unconstitutional

by Charles S. Plumb The last several months have witnessed a flurry of court activity regarding same-sex marriage laws. On Tuesday, January 14, Oklahoma joined that activity with an order and opinion issued by Tulsa’s federal court. In 2004, Oklahoma voters approved an amendment to the Oklahoma Constitution defining “marriage” to be exclusively a union […]

New Oklahoma law confirms enforceability of nonsolicitation agreements

Although noncompetition agreements remain unenforceable under state law, a new law confirms that Oklahoma employers may enforce agreements prohibiting former employees from soliciting a company’s employees to leave their jobs to work for another employer. For some time, Oklahoma employers have been able to contractually prohibit former employees from soliciting workers for a reasonable period […]

New Oklahoma law allows ammo in locked cars parked at work

by Charlie Plumb An Oklahoma law going into effect on November 1 allows employees to store ammunition in their locked vehicles parked at work. A key aspect of Oklahoma’s Self-Defense Act allows people with valid gun licenses to carry handguns openly as well as concealed weapons in many public places. But another part of the […]

Emotional Distress Claims: a Future Trend in Oklahoma?

By Charles S. Plumb On November 1, changes to the Oklahoma Anti-Discrimination Act will go into effect that substantially restrict the ability of former employees to sue their employers for wrongful discharge in personal injury claims. But a recent Oklahoma Supreme Court decision may encourage employees’ lawyers to pursue intentional infliction of emotional distress claims […]

Federal Inactivity Continues to Spark State Immigration Action

A federal judge blocked parts of Arizona’s new immigration law on Wednesday, the day before the rest of the measure went into effect. But legal challenges are already flying and many are waiting to see what happens next. Last year, a record number of immigration-related laws were considered and passed in the 50 states. Over […]

Employee Performance Reviews and Pretext

by Paul Ross As veterans of employment litigation can tell you, employment discrimination claims are rarely supported by direct evidence of discriminatory decision making. In the overwhelming majority of cases, employees support their entire case with circumstantial evidence. In short, they attempt to cast as much doubt as possible on the reasons offered by the […]

EEO Training Makes Economic Sense for Employers

by Sam R. Fulkerson The Equal Employment Opportunity Commission (EEOC) announced in January that 93,277 workplace discrimination charges were filed nationwide during 2009 — the second-highest level ever — and monetary relief obtained for victims totaled more than $376 million. The 2009 data show that private-sector job bias charges alleging discrimination based on disability, religion, […]

Riding herd on FMLA abuse

by Charles S. Plumb Understanding and applying the rules of the Family and Medical Leave Act (FMLA) causes employers and HR professionals untold frustration — frustration that’s heightened by employees who unfairly take advantage of the Act and its complexities. Here are some practical suggestions for enforcing the FMLA and cutting down on FMLA abuse […]

Appeals Court Rejects Key Provisions of Oklahoma Immigration Law

By Charles S. Plumb Yesterday’s ruling by a federal court of appeals stops enforcement of key portions of Oklahoma’s sometimes controversial immigration law known as House Bill 1804. First, a brief history. House Bill 1804 went into effect on November 1, 2007, and its business-related immigration provisions were immediately challenged in court. On June 4, […]

Beware Deductions for Lost or Stolen Property from Exempt Employees’ Pay

by Kathy Neal Many things can be scary for the unseasoned HR manager, particularly when it comes to wage and hour law. One of the scariest areas involves pay deductions. HR Guide to Employment Law: A Practical Compliance Reference Understanding the Fair Labor Standards Act – FLSA Many employers issue laptops or smartphones to their […]