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Texas Court Rules Obama-Era Overtime Regulations Invalid Because They Exceeded DOL’s Authority

Employers and their attorneys alike have been waiting for a ruling on whether the Department of Labor’s (DOL) 2016 regulations regarding the salary basis test for exempt executive, administrative and professional employees would ultimately be upheld. As a refresher, in…

New Government Opioid Targeting Initiative

It should come as no surprise that the United States is currently battling a major increase in the cases of opioid abuse and that many states, including Oklahoma, have been hit hard. Efforts to address this are underway at every…

Repo Man or Loan Originator? Liability as a Debt Collector Under the FDCPA

Entities that collect debt that they own are not debt collectors under the Fair Debt Collection Practices Act (FDCPA), says the United States Supreme Court. In Henson v. Santander Consumer USA Inc., decided June 12, 2017, the court affirmed the…

New Oklahoma Law Regarding Website Accessibility Aims to Protect Businesses

As technology has advanced, so too has the confusion regarding what businesses must do to make their websites accessible in compliance with the Americans with Disabilities Act (ADA). For employers, there has been no formal guidance regarding what it takes…

Allocating Risk in Business Associate Agreements

Due to opportunities for cost-savings through outsourcing, entities and individuals covered under the Health Insurance Portability and Accountability Act (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH), are increasingly turning to contractors and…

Air Traffic Control Privatization—Benefits & Drawbacks for Commercial Airlines & General Aviation Community

On June 5, 2017, President Donald Trump formally announced his administration will seek to privatize the nation’s air traffic control system (ATC). In short, this move would remove the ATC’s main function of tracking and guiding aircraft from the purview…

New DOJ Guidance Focuses on Proactive Measures

For decades there has been tension between the government and companies that are the subject of a criminal investigation. Issues often arise as to the assessment of a company’s compliance program and, when the company cooperates with an investigation, as…

FDA Menu Labeling Rule Delayed Again

On May 1, 2017, the U.S. Food and Drug Administration (FDA) announced that it will again delay compliance for its menu labeling rule, published December 1, 2014, until May 7, 2018. The delay comes just days before the scheduled May…

Absolute Immunity No Longer Absolute for Tribal Officials and Employees

On April 25, 2017, the United States Supreme Court decided Lewis v. Clarke, No. 15-1500, holding that tribal sovereign immunity does not bar suits against a tribe official or employee, in their individual capacity, for acts he or she committed…

Now is the Time to Make Sure Your I-9s are in Order

President Trump has promised to expand the resources available for enforcement of immigration laws. This could mean an increase in I-9 audits of employers by Immigration and Customs Enforcement (ICE) or other government agencies. If problems are found, employers may…