August 21, 2025 | GableGotwals is pleased to announce that 68 lawyers have been recognized in the 2026 Edition of The Best Lawyers in America, five of which were newly included, and one newly named on the “Ones to Watch” list. In addition, 11 GableGotwals attorneys were named 2026 “Lawyer of the Year.”

Best Lawyers has published their list for more than three decades. Its first international list was published in 2006, and since then has grown to provide lists in more than 75 countries. Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas and are reviewed by their peers on the basis of professional expertise.

GableGotwals would like to congratulate the following attorneys named to 2026 The Best Lawyers in America list:

The Best Lawyers in America
Houston
	John D. Sullivan Commercial Litigation
Oklahoma City
	Ellen A. Adams Energy Law Employment Law – Management
	Jeffrey A. Curran Insurance Law Personal Injury Litigation – Defendants	Product Liability Litigation – Defendants
	E. Talitha Ebrite Banking and Finance Law Commercial Litigation	Energy Law Oil and Gas Law
	Jake M. Krattiger Commercial Litigation Oil and Gas Law
	Lance E. Leffel Commercial Litigation Construction Law	Insurance Law Litigation – Insurance
	Robert G. McCampbell Administrative / Regulatory Law Bet-the-Company Litigation Commercial Litigation	Criminal Defense: White-Collar Government Contracts Government Relations Practice Health Care Law Litigation – Regulatory Enforcement (SEC, Telecom, Energy)
	Nick V. Merkley Commercial Litigation Energy Law	Litigation – Mergers and Acquisitions Oil and Gas Law
	J. Blake Patton Commercial Litigation
	Leo J. Portman Corporate Law Energy Law	Litigation – Trusts and Estates
	Brooks Richardson Commercial Litigation
	Rob F. Robertson Commercial Litigation Corporate Governance Law Energy Law Oil and Gas Law (Lawyer of the Year)	Litigation – Banking and Finance Litigation – Bankruptcy Litigation – Environmental Litigation – Real Estate
	Leasa M. Stewart Insurance Law Litigation – ERISA (Lawyer of the Year)	Product Liability Litigation – Defendants
	Amy M. Stipe Commercial Litigation Oil and Gas Law
	Jay P. Walters Litigation – Mergers and Acquisitions Litigation – Securities (Lawyer of the Year) Native American Law
Tulsa
	Steven J. Adams Commercial Litigation Mass Tort Litigation / Class Actions – Defendants
	Jennifer R. Annis Litigation – Health Care Litigation – Insurance	Medical Malpractice Law – Defendants (Lawyer of the Year)
	John R. Barker Banking and Finance Law Corporate Law Securities / Capital Markets Law
	Brandon C. Bickle Banking and Finance Law Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Commercial Litigation
	David L. Bryant Arbitration Bet-the-Company Litigation	Commercial Litigation Mediation
	Frank J. Catalano Copyright Law Patent Law	Trademark Law
	Jason B. Coutant Banking and Finance Law Corporate Law
	John D. Dale Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
	Renee DeMoss Commercial Litigation Insurance Law	Litigation – ERISA
	Adam Doverspike Commercial Litigation Municipal Law
	Alicia J. Edwards Patent Law
	LeAnn Drummond Ellis Litigation – Trusts and Estates
	Grant Fitz Litigation – Insurance Medical Malpractice Law – Defendants	Personal Injury Litigation – Defendants
	Craig A. Fitzgerald Commercial Litigation Insurance Law	Litigation – Antitrust Litigation – Intellectual Property
	Amelia A. Fogleman Appellate Practice (Lawyer of the Year) Commercial Litigation	Litigation – Antitrust
	John A. Gaberino, Jr. Energy Law
	Jeffrey D. Hassell Banking and Finance Law Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (Lawyer of the Year) Corporate Law
	Jeffrey T. Haughey Securities / Capital Markets Law Securities Regulation
	Steven G. Heinen Banking and Finance Law Corporate Law
	Philip D. Hixon Appellate Practice Commercial Litigation
	Andrew J. Hofland Commercial Litigation
	Thomas J. Hutchison Banking and Finance Law Corporate Law	Real Estate Law
	Susan I. Jordan Health Care Law Litigation – Health Care
	Stephen W. Lake Banking and Finance Law Commercial Litigation Corporate Law	Energy Law Mergers and Acquisitions Law Oil and Gas Law (Lawyer of the Year) Securities / Capital Markets Law Securities Regulation (Lawyer of the Year)
	Lloyd W. Landreth Litigation – Environmental (Lawyer of the Year) Natural Resources Law (Lawyer of the Year)
	James F. Lea III Copyright Law Patent Law	Trademark Law
	David Limekiller Commercial Litigation
	Justin A. Lollman Commercial Litigation
	Graydon D. Luthey, Jr. Commercial Litigation Corporate Compliance Law	Corporate Governance Law Corporate Law Gaming Law Native American Law
	David B. McKinney Employee Benefits (ERISA) Law Health Care Law	Litigation – ERISA Trusts and Estates
	Carrie McNeer Insurance Law
	Barbara M. Moschovidis Insurance Law
	Todd A. Nelson Copyright Law Litigation – Patent
	Richard B. Noulles Bet-the-Company Litigation Commercial Litigation	Natural Resources Law Oil and Gas Law
	Terry D. Ragsdale Commercial Litigation Energy Law
	Paul E. Rossler Patent Law Technology Law	Trademark Law
	John Henry Rule Banking and Finance Law Commercial Litigation	Litigation – Banking and Finance Litigation – First Amendment
	Stephen A. Schuller Energy Law Land Use and Zoning Law	Litigation – Real Estate Real Estate Law
	Deborah C. Shallcross Appellate Practice Arbitration	Family Law
	Trent Shores Commercial Litigation Native American Law
	Lisa T. Silvestri Energy Law (Lawyer of the Year) Insurance Law
	Tina Soin Banking and Finance Law
	Timothy J. Sullivan, Jr. Commercial Litigation Energy Law
	Sidney K. Swinson Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Bet-the-Company Litigation Litigation – Bankruptcy
	Chris S. Thrutchley Employment Law – Management Labor Law – Management	Litigation – Labor and Employment
	Mia Vahlberg Commercial Litigation Corporate Law	Energy Law Insurance Law (Lawyer of the Year)
	David G. Woodral Patent Law Trademark Law
	Scott R. Zingerman Copyright Law Patent Law (Lawyer of the Year)	Trade Secrets Law
Best Lawyers: Ones to Watch in America
Oklahoma City
	Gerard D’Emilio Appellate Practice Commercial Litigation
	Scott Kiplinger Litigation – Construction Oil and Gas Law
	Ashlyn Smith Insurance Law Oil and Gas Law
Tulsa
	Barrett L. Powers Commercial Litigation Insurance Law
	Alex R. Telarik Commercial Litigation Oil and Gas Law

June 5, 2025 | GableGotwals has been recognized by Chambers USA 2025 as a leading firm in the areas of Corporate/Commercial (Band 1), Energy & Natural Resources (Band 1), Environment (Band 1), Insurance (Band 1), Intellectual Property (Band 2), Labor & Employment (Band 3), Litigation – General Commercial (Band 1), Native American Law (Band 1), Real Estate (Band 2), and Tax (Band 1) in Oklahoma by Chambers & Partners. In addition, 24 GableGotwals attorneys have also been recognized as leaders in their field.

Chambers rankings are assessed on technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by the client. Interviews are conducted with peers outside of the firm and clients in order to determine inclusion and rankings.

Attorneys recognized include:

Corporate/Commercial – Band 1

Jason B. Coutant (Band 3)

Jeffrey D. Hassell (Band 1)

Stephen W. Lake (Band 2)

Thomas Hutchison (Band 3)

Energy & Natural Resources – Band 1

Rob Robertson (Band 3)

Terry Ragsdale (Band 2)

Environment – Band 1

Lloyd Landreth (Band 1)

Insurance – Band 1

Leasa Stewart (Band 1)

Lance Leffel (Band 2)

Carrie McNeer (Up and Coming)

Intellectual Property – Band 2

James F. Lea, III (Band 3)

Todd A. Nelson (Band 1)

David G. Woodral (Band 2)

Paul E. Rossler (Band 3)

Labor & Employment – Band 3

Chris S. Thrutchley (Band 2)

Ellen Adams (Band 3)

Litigation—General Commercial – Band 1

David Bryant (Senior Statespeople)

Amelia A. Fogleman (Band 2)

Robert G. McCampbell (Band 3)

Native American Law – Band 1

Amelia A. Fogleman (Band 3)

Dean Luthey (Band 1)

Barrett L. Powers (Up and Coming)

Trent Shores (Band 2)

Real Estate – Band 2

Tina N. Soin (Band 3)

Tax – Band 1

James Scears (Band 2)

January 8, 2025 | GableGotwals represents Jet Commercial Construction, LLC and its owners, Steve Rich and Jake Sharp, in a negligent-misrepresentation and breach-of-contract dispute arising from the construction of a fountain at Caesars Place in Las Vegas, Nevada. The Firm’s litigation team moved to dismiss the individual claims due to lack of personal jurisdiction. The trial court denied the motion and issued subsequent adverse rulings against the individual owners on discovery issues. The litigation team filed a petition for a writ of prohibition with the Nevada Supreme Court, which the Court ultimately granted and directed the trial court to dismiss Rich and Sharp.

The litigation team is led by shareholder Nick V. Merkley and includes shareholders Brooks A. Richardson and J. Blake Patton, associates Gerard M. D’Emilio, and Ashlyn M. Smith, paralegal Rhonda Palmer, and legal assistants Pam Edmonds and Sheri Howard.

September 13, 2024 | By: Ellen A. Adams and Gerard M. D’Emlio

Key Takeaways

• Utilize outside counsel to protect wage and hour audits as privileged and confidential;
• Plan ahead for upcoming changes and reclassifications to avoid risk and unanticipated financial impacts;
• Seek legal counsel for other risk mitigation strategies in defending wage and hour class and collective actions.

When the United States Supreme Court junked the 40-year-old Chevron doctrine this past term in its Loper Bright decision, many in the legal community were wondering what the fallout would look like. Loper Bright liberated courts to freshly interpret statutes and eschew deference to agency interpretations, setting the stage for a flood of rulings invalidating regulations across the administrative state. A prime candidate for attack: the Department of Labor’s “Minimum Salary Rule.”

Under the Fair Labor Standards Act (“FLSA”), employers are guaranteed time-and-a-half pay for labor in excess of the standard, 40-hour work week. But there are exceptions, such as the so-called “White Collar” or “EAP” exemption. The FLSA provides that “employee[s] . . . in . . . bona fide executive, administrative, or professional capacit[ies]” aren’t entitled to overtime pay, 29 U.S.C. § 213(a)(1), and the Secretary of Labor “sets out a standard for determining when an employee is a “‘bona fide executive.’” Helix Energy Sols. Grp., Inc. v. Hewitt, 598 U.S. 39, 44 (2023). Current DOL regulations set out a three-part test for answering the “bona fide executive” question:

1. does the employee receive a “predetermined and fixed salary” that does not vary with the amount of work they do in a given day or week (i.e. the “salary basis” test);
2. is their salary above a specified amount? (i.e. the “salary level” test); and
3. does the nature of their job responsibilities fall within the DOL’s characterization of “executive,” exempt work? (i.e., the “duties” test).

Id. at 44–45. In Helix, the Court held a highly-compensated, daily rate employee wasn’t paid on a salary basis, and therefore, qualified for overtime, even though his annual compensation totaled more than $200,000. See id. at 61–62. In dissent, Justice Kavanaugh questioned whether the DOL’s regulations explicating the “bona fide executive” exemption would survive a challenge at all. See id. at 67–68 (Kavanaugh, J., dissenting) (“[I]t is questionable whether the Department’s regulations—which look not only at an employee’s duties but also at how much an employee is paid and how an employee is paid—will survive if and when the regulations are challenged as inconsistent with the [FLSA]. It is especially dubious for the regulations to focus on how an employee is paid (for example, by salary, wage, commission, or bonus) to determine whether the employee is a bona fide executive. . . . I am hard-pressed to understand why it would matter for assessing executive status whether an employee is paid by salary, wage, commission, bonus, or some combination thereof.” (emphasis added)).

Enter the Fifth Circuit (which the Court had affirmed in Helix). In a separate case arising from the Western District of Texas, the circuit faced a direct challenge to the DOL’s authority to “promulgat[e] any rule imposing a salary requirement” for the EAP exemption following Loepr Bright. Mayfield v. United States Dep’t of Lab., — F.4th —-, 2024 WL 4142760, at *1 (5th Cir. Sept. 11, 2024). In 2019, the DOL updated the Minimum Salary Rule to raise the threshold to qualify for the EAP exemption from $455/week to $684/week. Id. The Mayfield plaintiff (a small business owner) sued, arguing not that “DOL lacks the authority to raise the minimum salary, []or . . . that the particular salary level DOL chose [in 2019] is invalid”—but instead arguing the DOL “lacks, and has always lacked, the authority to define the EAP Exemption in terms of salary level.” Id. at *2.

The circuit denied the challenge and rejected, inter alia , the plaintiff’s Loper Bright argument. The circuit pointed out that the FLSA gives the DOL authority to “define” and “delimit” the terms of the EAP exemption. Id. at *4. Cracking open the dictionary, the court read the minimum salary rule as consistent with the DOL’s “statutorily conferred authority” in two ways: (1) the Rule “defines, in part, what it means to work in an executive, administrative, or professional capacity (namely, to earn at least a particular amount of money); and (2) The Rule “delimits” the scope of the Exemption by “set[ting] a limit on what is otherwise defined by the text of the Exemption.” Id. Further, the court took note that the DOL has “consistently issued minimum salary rules for 80 years”—including “immediately after the FLSA was passed”—and while the “specific dollar value required has varied, DOL’s position that it has the authority to promulgate such a rule has been consistent.” Id. at *6. Thus, the Fifth Circuit “join[ed] four of [its] sister circuits in holding that DOL has the statutory authority to promulgate the Minimum Salary Rule.” Id. at *6.

To be sure, the circuit noted the DOL’s power isn’t without limits. For instance, “adding an additional characteristic” defining the exemption “is consistent with the power to define and delimit” so long as it bears a “rational relationship to the text and structure of the statute.” Id. at *5. Characteristics unmoored from the statutory text or “differ[ing] so broadly in scope from the original that it effectively replaces it” would “raise serious questions.” Id. Likewise, while “[u]sing salary as a proxy for EAP status is a permissible choice because . . . the link between the job duties identified and salary is strong,” using a proxy characteristic won’t “always be a permissible exercise of the power to define and delimit.” Id. “If the proxy characteristic frequently yields different results than the characteristic Congress initially chose, then use of the proxy is not so much defining and delimiting the original statutory terms as replacing them.” Id. But the circuit held the minimum salary rule didn’t run afoul of these potential backstops.

The Fifth Circuit’s ruling was hardly a foregone conclusion. It’s no secret that appeals courts typically view agency action of almost any stripe with a jaundiced eye. What’s more, the DOL’s authority to promulgate a minimum salary rule was buffered by legal attacks in Mayfield from all sides, not just post-Chevron statutory analysis. The court, however, rebuffed every one of them.

If any employers awaited making classification or salary adjustments based on a hope that courts would throw out the DOL’s salary basis test post-Chevron, employers should take immediate action and consult legal counsel to get into compliance.

Further, to the extent employers have administrative, executive, or professional employees currently classified as exempt but making less than $58,656.00, employers should engage counsel now to audit the classifications and plan for any reclassifications that will occur when the next increase takes effect on January 1, 2025.

GableGotwals’ Labor and Employment Practice Group is experienced in conducting wage and hour audits and assisting clients in mitigating risk while complying with these changing legal obligations.

¹ DOL is currently considering another update that would raise the salary threshold to $1,059/week. See id. at *1.
² The circuit also rejected challenges based on the major questions and nondelegation doctrines.

Ellen A. Adams 405-235-5520 eadams@gablelaw.com	Gerard M. D’Emilio 405-568-3318 gdemilio@gablelaw.com

This article is provided for educational and informational purposes only and does not contain legal advice or create an attorney-client relationship. The information provided should not be taken as an indication of future legal results; any information provided should not be acted upon without consulting legal counsel.

August 15, 2024 | GableGotwals is pleased to announce that 74 lawyers have been recognized in the 2025 Edition of The Best Lawyers in America, three of which were newly included, and two newly named on the “Ones to Watch” list. In addition, seven GableGotwals attorneys were named 2025 “Lawyer of the Year.”

Best Lawyers has published their list for more than three decades. Its first international list was published in 2006, and since then has grown to provide lists in more than 75 countries. Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas and are reviewed by their peers on the basis of professional expertise.

GableGotwals would like to congratulate the following attorneys named to 2025 The Best Lawyers in America list:

The Best Lawyers in America
Houston
	John D. Sullivan Commercial Litigation
Oklahoma City
	Ellen A. Adams Energy Law
	Jeffrey A. Curran Insurance Law Personal Injury Litigation – Defendants	Product Liability Litigation – Defendants
	E. Talitha Ebrite Banking and Finance Law Commercial Litigation	Energy Law Oil and Gas Law
	Jake M. Krattiger Commercial Litigation Oil and Gas Law
	Lance E. Leffel Commercial Litigation Construction Law	Insurance Law Litigation – Insurance
	Robert G. McCampbell Administrative / Regulatory Law Bet-the-Company Litigation Commercial Litigation	Criminal Defense: White-Collar Government Contracts Government Relations Practice Health Care Law Litigation – Regulatory Enforcement (SEC, Telecom, Energy)
	Nick V. Merkley Commercial Litigation Energy Law	Litigation – Mergers and Acquisitions
	J. Blake Patton Commercial Litigation
	Leo J. Portman Corporate Law Energy Law	Litigation – Trusts and Estates
	Brooks Richardson Commercial Litigation
	Rob F. Robertson Commercial Litigation Corporate Governance Law Energy Law Oil and Gas Law	Litigation – Banking and Finance Litigation – Bankruptcy Litigation – Environmental Litigation – Real Estate
	G. Blaine Schwabe III Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Bet-the-Company Litigation Commercial Litigation
	Leasa M. Stewart Insurance Law Litigation – ERISA
	Amy M. Stipe Commercial Litigation Oil and Gas Law
	Jay P. Walters Litigation – Mergers and Acquisitions Litigation – Securities Native American Law
Tulsa
	Steven J. Adams Commercial Litigation Mass Tort Litigation / Class Actions – Defendants
	Jennifer R. Annis Litigation – Health Care Litigation – Insurance	Medical Malpractice Law – Defendants
	John R. Barker Banking and Finance Law (Lawyer of the Year) Corporate Law Securities / Capital Markets Law
	Brandon C. Bickle Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Commercial Litigation
	David L. Bryant Arbitration Bet-the-Company Litigation	Commercial Litigation Mediation
	Frank J. Catalano Copyright Law Patent Law	Trademark Law
	Jason B. Coutant Banking and Finance Law Corporate Law
	John D. Dale Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
	Renee DeMoss Commercial Litigation Insurance Law	Litigation – ERISA
	Alicia J. Edwards Patent Law
	LeAnn Drummond Ellis Litigation – Trusts and Estates
	Grant Fitz Litigation – Insurance
	Craig A. Fitzgerald Commercial Litigation Insurance Law	Litigation – Antitrust Litigation – Intellectual Property
	Amelia A. Fogleman Appellate Practice Commercial Litigation	Litigation – Antitrust
	John A. Gaberino, Jr. Energy Law
	Robert J. Getchell Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Litigation – Real Estate
	Jeffrey D. Hassell Banking and Finance Law Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Corporate Law (Lawyer of the Year)
	Jeffrey T. Haughey Securities / Capital Markets Law Securities Regulation
	Steven G. Heinen Banking and Finance Law Corporate Law
	Philip D. Hixon Appellate Practice (Lawyer of the Year) Commercial Litigation
	Andrew J. Hofland Commercial Litigation
	Thomas J. Hutchison Banking and Finance Law Corporate Law	Real Estate Law
	Susan I. Jordan Health Care Law Litigation – Health Care
	Stephen W. Lake Banking and Finance Law Commercial Litigation Corporate Law	Energy Law (Lawyer of the Year) Mergers and Acquisitions Law Oil and Gas Law Securities / Capital Markets Law (Lawyer of the Year) Securities Regulation
	Lloyd W. Landreth Litigation – Environmental Natural Resources Law
	James F. Lea III Copyright Law Patent Law	Trademark Law (Lawyer of the Year)
	David Limekiller Banking and Finance Law Commercial Litigation
	Graydon D. Luthey, Jr. Commercial Litigation Corporate Compliance Law	Corporate Governance Law Corporate Law Gaming Law Native American Law
	David B. McKinney Employee Benefits (ERISA) Law Health Care Law	Litigation – ERISA (Lawyer of the Year) Trusts and Estates
	Todd A. Nelson Copyright Law Litigation – Patent
	Richard B. Noulles Bet-the-Company Litigation Commercial Litigation	Natural Resources Law Oil and Gas Law
	Terry D. Ragsdale Commercial Litigation Energy Law
	Paul E. Rossler Patent Law Technology Law	Trademark Law
	John Henry Rule Banking and Finance Law Commercial Litigation	Litigation – Banking and Finance Litigation – First Amendment
	Stephen A. Schuller Energy Law Land Use and Zoning Law	Litigation – Real Estate Real Estate Law
	Deborah C. Shallcross Appellate Practice Arbitration	Family Law
	Trent Shores Commercial Litigation Native American Law
	Lisa T. Silvestri Energy Law Insurance Law
	Timothy J. Sullivan, Jr. Commercial Litigation Energy Law
	Sidney K. Swinson Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Bet-the-Company Litigation Litigation – Bankruptcy
	Chris S. Thrutchley Employment Law – Management Labor Law – Management	Litigation – Labor and Employment
	Mia Vahlberg Commercial Litigation Corporate Law	Energy Law Insurance Law Oil and Gas Law
	Tom C. Vincent II FinTech Practice Privacy and Data Security Law
	David G. Woodral Patent Law (Lawyer of the Year) Trademark Law
	Scott R. Zingerman Copyright Law Patent Law	Trade Secrets Law
Best Lawyers: Ones to Watch in America
Oklahoma City
	Gerard D’Emilio Appellate Practice Commercial Litigation
	Scott Kiplinger Litigation – Construction Oil and Gas Law
	Ashlyn Smith Oil and Gas Law
	Tim Sowecke Energy Law Environmental Law	Natural Resources Law
Tulsa
	Emily Collins Litigation – Trusts and Estates Trusts and Estates
	Madeline Cook Litigation – Intellectual Property
	Adam Doverspike Administrative / Regulatory Law Appellate Practice	Commercial Litigation Litigation – Construction Municipal Law
	Justin A. Lollman Appellate Practice Commercial Litigation	Criminal Defense: White-Collar Labor and Employment Law – Management
	Barrett L. Powers Commercial Litigation Insurance Law

July 25, 2024 | By: Ellen A. Adams

Since 2022, the Occupational Safety and Health Administration (OSHA) has been focused on heat-related hazards and possible heat-related injuries and illnesses in indoor and outdoor workplaces. As we discussed in this previous Alert, OSHA’s prior focus was through its National Emphasis Program and enforcement of the “general duty” clause. Now, OSHA has proposed workplace regulations designed to protect workers from heat-related illnesses and fatalities, specifically.

Obligations under the proposed regulations are triggered when the ambient air temperature hits 80 degrees Fahrenheit, whether inside or outside. The obligations become more intense when temperatures climb to 90 degrees Fahrenheit. For example, at the initial heat trigger, paid rest breaks must be encouraged and provided when needed. At the second heat trigger, rest breaks are mandatory, must last at least 15 minutes, and must occur at least every two hours.

While there are several exceptions, if these regulations come to fruition, they will have a significant impact on myriad employers and their respective employees. In the post-Chevron deference world and in the midst of an election year at the White House, it is impossible to know whether this proposed rule will become final. However, it’s reasonable to assume OSHA will attempt to continue its enforcement efforts under the general duty clause regardless. In summary, the proposed regulations will require employers to do the following:

• Develop and implement a Heat Injury and Illness Prevention Plan (HIIPP) that includes covered work activities; policies and procedures; methods for measuring and monitoring temperatures; designation of a Heat Safety Coordinator(s); emergency response and planning; and input from non-managerial employees and their representatives, if applicable;
• Provide cool, accessible drinking water;
• Provide one or more readily accessible shaded or air-conditioned break areas for outdoor work sites and an air-conditioned break area for indoor work sites;
• Provide fans, natural ventilation, or barriers from radiant heat sources in the work area for indoor work sites;
• Institute acclimatization protocols for new employees and employees who are returning to work after a leave of more than 14 days.
• Provide rest breaks;
• Institute methods to monitor employees to include either a mandatory buddy system, a supervisory system for groups of no more than 20 employees, or regular two-way communication for employees who are working alone at a site
• Covered employers will be required to train every employee and all supervisors on heat stress hazards, risk factors and warning signs for heat-related injury or illness, the importance and location of water and break areas, all policies and procedures applicable to their work site in general and their specific work duties, and their rights and responsibilities under those policies.
• Employers must repeat training annually and when any change to the work site affects heat exposure, when any policies or procedures change, when a heat-related injury or illness occurs on the job, or when there is an indication that an employee or supervisor is not understanding or retaining the necessary understanding.

Proposed regulations also contain record retention requirements and specify that all compliance should be completed at no cost to employees and that any employee time required for compliance, e.g. training, should be compensated at the employees’ normal rate of pay.

GableGotwals’ Employment & Labor team is committed to helping employers navigate changes in the legal landscape. Please contact any member of the team for further assistance.

Ellen A. Adams 405-235-5520 eadams@gablelaw.com

The author would like to give credit to GableGotwals summer associate, Trisha E. Bunce, for research and assistance in preparing this Alert.

This article is provided for educational and informational purposes only and does not contain legal advice or create an attorney-client relationship. The information provided should not be taken as an indication of future legal results; any information provided should not be acted upon without consulting legal counsel.

June 6, 2024 | GableGotwals has been recognized by Chambers USA 2024 as a leading firm in the areas of Corporate/Commercial (Band 1), Energy & Natural Resources (Band 1), Environment (Band 1), Insurance (Band 1), Intellectual Property (Band 2), Labor & Employment (Band 3), Litigation – General Commercial (Band 1), Native American Law (Band 1), Real Estate (Band 2), and Tax (Band 1) in Oklahoma by Chambers & Partners. In addition, 22 GableGotwals attorneys have also been recognized as leaders in their field.

Chambers rankings are assessed on technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by the client. Interviews are conducted with peers outside of the firm and clients in order to determine inclusion and rankings.

Attorneys recognized include:

Corporate/Commercial – Band 1

Jason B. Coutant (Band 3)

Jeffrey D. Hassell (Band 2)

Stephen W. Lake (Band 2)

Thomas Hutchison (Up and Coming)

Energy & Natural Resources – Band 1

Rob Robertson (Band 3)

Terry Ragsdale (Band 2)

Environment – Band 1

Lloyd Landreth (Band 1)

Insurance – Band 1

Leasa Stewart (Band 1)

Lance Leffel (Band 2)

Carrie McNeer (Up and Coming)

Intellectual Property – Band 2

James F. Lea, III (Band 3)

Todd A. Nelson (Band 1)

David G. Woodral (Band 3)

Labor & Employment – Band 3

Chris S. Thrutchley (Band 3)

Ellen Adams (Band 3)

Litigation—General Commercial – Band 1

David Bryant (Senior Statespeople)

Amelia A. Fogleman (Band 3)

Dean Luthey (Band 3)

Robert G. McCampbell (Band 3)

Native American Law – Band 1

Amelia A. Fogleman (Band 3)

Dean Luthey (Band 1)

Trent Shores (Band 3)

Real Estate – Band 2

Stephen Schuller (Band 3)

Tax – Band 1

James Scears (Band 3)