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Oklahoma: Employers May Seek Restraining Orders Against Workplace Harassment

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All Employers with OK Employees

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November 1, 2019

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SB 715 created the Protection from Workplace Harassment and Violence Act which permits employers to obtain a temporary restraining order against individuals who engage in workplace harassment, including “repeated or continuing contact that would cause a reasonable person to suffer emotional distress and that actually causes emotional distress to the victim.” Injunctive relief could include restraining an individual from entering the employer’s property, contacting the employer or any employee while at work, or any other relief necessary to protect the employer or its employees.

Employers will be immune from civil liability for seeking or failing to seek an injunction; however, employers are still required to provide a safe workplace. Additionally, the new Act cannot be used to prohibit constitutionally protected activities, such as speech.

Employers should consider reviewing workplace violence policies and emergency plans consistent with the new permissions. This may be a useful tool for employers to ensure workplace safety.

Action Items

  1. Read the bill here.
  2. Have workplace violence policies and emergency plans updated consistent with the new rules.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

April Updates

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Varies

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Varies

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(888) 378-2456

This Short List addresses the following topics:
  1. OFCCP: Corporate Scheduling Announcement List Published for Federal Contractors
  2. VEVRAA Hiring Benchmark Lowered for Affirmative Action Plans
  3. Fifth Circuit: Independent Contractor Classification in Oilfield Industry Re-visited
  4. California: NEW Posting Requirement as of April 1, 2019
  5. California: Required Employee Pamphlets Updated
  6. California: Employers Are Liable for Wage and Hour Claims Without Accurate Time Records
  7. Reminder: San Francisco 2018 Employer Reporting Deadline is April 30, 2019
  8. San Francisco, CA: Minimum Wage to Increase July 1, 2019
  9. Massachusetts: State and Federal Overtime Exemptions are Not Identical
  10. Michigan: Paid Sick Leave FAQ’s and Poster Released
  11. New York: 24-Hour Home Care Pay Decided by Court of Appeal
  12. Oklahoma: Medical Marijuana Accommodations Clarified
  13. South Carolina: Labs Liable to Workers for False Positive Drug Tests

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Oklahoma: Voters Legalize Medical Marijuana Use

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All Employers with OK Employees

EFFECTIVE

July 26, 2018

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(888) 378-2456

Oklahoma voters recently approved a ballot measure to legalize medical marijuana use, making the state the 30th in the nation to permit such use.  Unlike some other states, the Oklahoma measure allows doctors to prescribe medical marijuana for any medical condition, rather than restricting its use to treating specific conditions.

Under the new law, patients who are legally prescribed medical marijuana will receive state ID cards and are permitted to carry up to 3 ounces of cannabis in public.  Additional amounts of cannabis, as well as up to six cannabis plants, may be stored in the patient’s home.

The ballot measure as drafted also contains anti-discrimination protections for medical marijuana license holders.  Employers are generally prohibited from discriminating against license holders when making hiring or termination decisions, or when imposing any term or condition of employment that penalizes an individual solely based on their status as a medical marijuana license holder or results of a drug test positive for marijuana or its components, unless failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law.  Additionally, employers are still free to take action against employees who use or possess marijuana on the employer’s premises or during hours of employment.

Action Items

  1. Review the text of the ballot measure here.
  2. Have substance abuse policies and drug testing protocols updated for compliance.
  3. Have managers trained on new permissions.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2018 ManagEase

Tenth Circuit: Changing Termination Reasons Held as Pretext for Employment Discrimination

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All Employers with CO, KS, NM, OK, UT, and WY Employees

EFFECTIVE

May 15, 2018

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(888) 378-2456

The Tenth Circuit Court’s decision in Fassbender v. Correct Care Sols., LLC, reminds employers of the importance of weighing termination decisions with care.  In Fassbender, an employer’s decision to terminate a pregnant employee was determined to be a pretext for discrimination, due in part to the employer’s inconsistent reasoning for the termination.