News

The Equal Employment Opportunity Commission (EEOC) recently released a technical assistance document, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964,” which is aimed at… more Continue reading Employers’ Use of Artificial Intelligence May Trigger Discrimination Claims

When I give a presentation to Human Resource professionals, I often joke they will hear me say “document, document, document” at least twenty times when discussing employee misconduct. And for good reason—documentation of employee counseling regarding performance expectations is essential… more Continue reading An Ounce of Prevention is Worth a Pound of Cure – Documenting Employee Work-Performance Issues

“Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds.” While many identify the above sentiment as the U.S. Postal Service’s unofficial motto, the United States Supreme Court recently… more Continue reading But Wait, I thought the Post Office was Closed on Sunday?

Anyone who has spent much time talking with an employment attorney has heard the attorney couch his or her advice with something like, “while I can’t promise the employee won’t file a charge (or a lawsuit),” and then proceed with… more Continue reading I Can’t Promise: Proactive Approaches to Employment Liability

Massive company layoffs have swept across the country in 2023. Companies in the tech industry—whose employment rates boomed during the global pandemic—are cutting jobs and conducting hiring freezes at an alarming rate. All publicity is good publicity, as the saying… more Continue reading Showing Employees the “Back-Door,” a New Reduction in Force Strategy

Many Oklahoma employers are still climbing out from under the unfortunate predicament that the pandemic left in its wake. A labor shortage and the threat of a recession forced some employers to work with less than a full staff. Although… more Continue reading What’s in a Name? How Manager Misclassification Can Be Costly for Employers

Although there has been a national shift to have employees return to the office in person, remote work continues to be prevalent. Indeed, a recent McKinsey employee survey showed that 58% of American workers had the opportunity to work from… more Continue reading Remote Work: Key Considerations for Employers to Keep in Mind

The use of non-disclosure and non-disparagement agreements to forbid employees from “speaking out” about certain workplace misconduct has recently been greatly restricted. On December 7, 2022, President Biden signed into law the Speak Out Act, which renders unenforceable non-disclosure and… more Continue reading Can Non-Disclosure and Non-Disparagement Agreements Still be Used to Keep Employees from “Speaking Out?”

Many of us thought working from home in our pajamas was over. Well, it’s not. On February 9, 2023, the Department of Labor (DOL) issued a Field Assistance Bulletin on teleworking. The good news is that employers are not required… more Continue reading Back by Popular Demand – The Pajama Game Now has Rules

The Fair Labor Standards Act (FLSA) guarantees overtime pay to millions of Americans in the event they work more than 40 hours per week, although there are several exceptions to the rule. A recent Supreme Court decision shows how a… more Continue reading Supreme Court Ruling in Helix Provides Warning to Employers about FLSA Misclassifications