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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…

Appellate Court’s About-Face on Sexual Orientation Discrimination

Title VII of Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, national origin or sex. Since 2015, the Equal Employment Opportunity Commission (EEOC) has taken the position that Title VII prohibits sexual orientation discrimination. However, until…

Final Rule Regarding Off-Campus Provider-Based Departments

Centers for Medicare & Medicaid Services (CMS) recently published the final rule regarding reimbursement for services provided at off-campus, provider-based departments (PBDs). The rule, which became effective January 1, 2017, eliminates payment at outpatient prospective payment system (OPPS) rates for…

Wind Energy Regulations Now in Place: Plan Your Annual Report

Wind energy capacity has been steadily growing in the United States with the U.S. ranked first in the world in wind energy production. One reason for this steady growth is Oklahoma. Currently, Oklahoma ranks fourth nationally for installed wind capacity and its wind capacity is only…

Year in Review: A Closer Look at Employment Law

The year 2016 promised to bring wide sweeping changes to employers across the United States. However, as 2016 came to an end, not much had changed.

Recent Ruling Forces Midstream Service Providers to be More Careful when Entering into Gas Gathering or Related Agreements

Earlier this year, in In re Sabine Oil & Gas Corp., 547 B.R. 66 (S.D.N.Y. 2016), the bankruptcy court for the Southern District of New York permitted a debtor to reject gas gathering and related agreements under § 356(a) of…

Employers Must Not Turn a Blind Eye to Website Accessibility

Under Title I of the Americans with Disabilities Act (ADA), covered employers must make reasonable accommodations for individuals with disabilities in the employment application process. For instance, if a prospective employee that is blind comes into an employer’s facility and…

DOL’s Overtime Rule Will Not Go into Effect Next Week

Yesterday evening, a federal judge in Texas issued a nationwide preliminary injunction, which effectively suspends the new overtime regulations issued by the Department of Labor (DOL) earlier this year.

Politics in the Workplace: Keeping Cool While the Election Heats Up

With the presidential election just two weeks away, emotions are high and watercooler talk is no doubt boiling over. Employers should be cognizant of the political discussions employees are having in the workplace that may cross the line into potential hostile work environment claims.