How Employment Law Works in Oklahoma City
In Oklahoma City, employment law encompasses a wide range of legal issues affecting the relationship between employees and their employers. This includes both state and federal laws, as well as the local ordinances that apply to the workplace within the city limits. There are several laws of particular interest to both employees and employers in Oklahoma City.
The workers’ compensation law provides for no-fault benefits when employees are injured on the job. Benefits include medical care, lost wages and death benefits. In exchange for these benefits, employees are prohibited from suing their employers for additional damages. The workers’ compensation law is an important benefit for employees because it provides coverage for a range of workplace injuries. Even injuries that occur due to an employee’s own negligence may be covered by workers’ compensation.
Oklahoma passed a separate workers’ compensation law for certain exempt employers in 2013. Under this law, employers may opt out of the system. The law requires employers to create their plans if they opt out. Under the new law, workers’ compensation coverage is not offered by all employers, and employees may not assume they are covered.
Oklahoma has implemented a right-to-work law. This means that employees do not have to join unions or pay fees to unions as a condition of employment . Employers cannot retaliate in any way against employees who decide not to join a union.
Discrimination in employment is illegal. Federal law prohibits employment discrimination based on race, color, religion, sex, disability and national origin. Oklahoma law provides coverage for these same categories, plus additional limitations based on ancestry and age. Oklahoma City adds to these prohibitions by preventing discrimination based on marital status, sexual orientation, gender identity, HIV status and domestic violence victim status.
The minimum wage laws in Oklahoma include both federal and state minimum wage laws. Both laws allow youth to be paid a training rate that is lower than minimum wage. The overtime laws provide for overtime at a rate equal to one and a half times the minimum wage for hours worked over 40 in a week. Some employees are exempt from overtime laws. Both federal and state laws require employers to keep accurate records of hours worked and wages paid.
Employers who have more than 25 employees must provide notice to and make accommodations for pregnant employees. Employees should provide notice to their employer and may not be fired due to pregnancy or for taking leave for pregnancy. Pregnant employees must receive the same treatment they would receive for any other short-term temporary impairment.
The Importance of Having an Employment Law Attorney
An employment law attorney can be a crucial ally for both employers and employees when navigating workplace issues. Whether you’re a business owner caught in the midst of an employee dispute or an employee facing discrimination, having a legal expert on your side may save you from a great deal of trouble later on. Oftentimes, hiring an attorney can open up communication between you and your opposition, ultimately creating a resolution much faster than without legal representation.
Employers facing issues of unfair dismissal, discrimination allegations, and employee lawsuits should contact an attorney as soon as possible to ensure that they are able to understand their rights and responsibilities from the beginning. Your attorney may work with you to create contracts, review your policies and procedures, and keep your company out of legal trouble. An attorney can also help you understand your position if you are forced to terminate an employee you have done everything you could to keep.
For employees, an attorney can help determine cases of workplace discrimination and unfair treatment, enabling you to get the compensation you deserve. Discrimination on the basis of gender is the most common type of employment discrimination, impacting over 40 percent of women in the labor force as of a few years ago.
The next most common type of discrimination is ethnicity, with over one-third of minorities finding themselves on the wrong end of an unfair workplace incident. Other forbidden actions include harassment of any kind, religious discrimination, and retaliation against an employee for reporting another employee’s discrimination or harassment.
Regardless of whether you are an employer or an employee, speaking with an attorney makes it easier to understand your rights and responsibilities under employment law. An attorney can also help you navigate the murky waters of contract negotiation or termination.
How An Employment Law Attorney Can Help You
When you’re on the lookout for an employment law attorney in Oklahoma City, there are a number of criteria you should keep in mind to help you select the best possible representation for your case: Experience: Lawyers that focus on employment law spend countless hours getting to know every detail of the field and stay up to date with all of the changes in the applicable laws. For these attorneys, this is a full-time job, and the wisest ones devote the time and energy necessary to really understand the law from all angles before sharing their insights with clients. Reputation: The reputation of a law firm is built on years of experience with many clients. In the litigation world, a lawyer’s results are a direct reflection of their reputation, which ultimately leads to more clients and a bigger practice. As such, nothing matters more than the reputation a lawyer has built over time for the work they do with their clients. Specialization: While some attorneys are good at a variety of different areas of law, many of the most successful ones prefer to focus on a single area and hone their skills accordingly. A specialized lawyer’s expertise and experience in their field allows them to understand all of the nuances of the law so they can be particularly effective in their casework for clients. The most important thing is to choose an attorney you feel you can trust to deliver a positive outcome during your case. By relying on a lawyer who has a strong understanding of the law, a proven track record of success and a specialization in the area of law under which your case falls, you can feel confident that you’re getting the best legal representation possible in Oklahoma City.
Questions To Ask Your Potential Employment Law Attorney
You want to feel comfortable and confident that the lawyer you have interviewed or are about to interview, is the lawyer for you. Here are some questions to ask during your initial consultation with an employment law attorney:
What are your fees?
This can be the most sensitive question to deal with, and it should be addressed directly and honestly in a way that allows both you and the attorney to have the most accurate understanding of what to expect. Quality legal representation comes with a cost, but it doesn’t have to cost you your life savings. Getting this question out on the table is an important way to prevent any misunderstandings over cost, so you can focus on more difficult matters.
What are the different ways you will charge me for your work?
Just like every other business, each employment law firm is going to be slightly different, and the way they charge their clients will also vary. It’s a good idea to get an understanding of the additional charges your attorney may add to their standard fee, and whether those fees can be high enough to cause you further financial strain.
How long have you been practicing law?
You don’t have to know exactly what type of law you want to practice , but you do need to find an attorney who specializes in the legal issue you’re facing. The more experienced your lawyer is with your particular problem, the better they will be at offering you effective solutions.
How many cases have you handled just like mine?
To help you gauge the quality of your employment law attorney’s services, ask them how many cases like yours they have won in the past. Winning the most money shouldn’t be your only concern, but it can certainly help tip the scales in your favor when deciding which attorney to choose.
Can you represent me in my lawsuit?
Some employment lawyers don’t go to court. Because it is within your best interests to be represented by a lawyer who knows how to fight aggressively and can easily transition from negotiations to litigation, it’s a good idea to ask this question while you’re interviewing a lawyer. You want to get an understanding of how your lawyer would fight for you, and how competent they are in court.
If you still like the attorney after asking these questions, then take some time to evaluate their overall character. The way the attorney handles himself or herself will give you a much better understanding of how they will fight for you.
Examples of Employment Law Cases
One case that captured attention was a dispute over rest breaks for employees. The Oklahoma City employer insisted that its employees did not require any additional rest breaks apart from the mandated meal break. Disgruntled employees submitted complaints with the Oklahoma Department of Labor, seeking a ruling that the employer was violating state law. When the agency confirmed the timeline for filing the complaint had lapsed, the employees sought assistance from a private attorney, who filed a class action for back pay. The case settled out of court for a six figure amount.
Another prominent case involved an employee who was wrongfully terminated on the basis of her disability. The employee qualified for the type of leave set out under the Family Medical Leave Act. Not only did the employer deny the employee’s right to the leave, the employer also refused to release the employee’s personal belongings after her termination. The attorney filed suit and secured summary judgment against the employer for unpaid wages, emotional distress and punitive damages.
Employment Lawyer Resources and the Local Bar Association
For Oklahoma City residents seeking an employment law attorney, tapping into the resources provided by local bar associations and legal aid organizations can be invaluable. These entities not only promote ethics and standards of legal practice but also offer a wealth of information to the public, including those in need of employment law assistance.
For those unable to afford legal assistance, the Metro Area Professional Liability Fund for Oklahoma Attorneys offers a valuable source of legal aid for which Oklahoma City residents may qualify. The program is funded by dues from local attorneys and is designed to assist individuals in financial need by offering basic legal guidance, referrals, and even limited legal services in some cases. To see if you might qualify, the MAP Fund asks that you provide the case type, estimated value of your case, your current income, and your responses to specific questions about your legal situation.
The Oklahoma City Bar Association is another resource that the Oklahoma City area enjoys. This organization aims to increase the public’s understanding of the law and the legal system while also providing access to legal services through its Lawyer Referral Service. The Lawyer Referral Service can match residents with an attorney with expertise relevant to their legal needs. In addition , the Oklahoma City Bar Association provides a wealth of information on specific legal topics, including employment law. Its "Paying for a Lawyer" section provides practical advice for residents who might find it difficult to afford an attorney. Ultimately, the Oklahoma City Bar Association consists of more than 5,000 legal professionals, working together to offer support and resources to all Oklahoma City residents.
For those in need of assistance beyond what is offered by either of the two above, look to the Oklahoma City Community Foundation for further assistance. This organization has a range of resources designed to help residents select an attorney and to understand the legal issues at hand for a case. The Community Foundation might also be able to connect you with a pro bono lawyer or a local legal aid organization. In sum, the combination of legal aid services, community resources, and local bar associations creates a community of support in Oklahoma City that can help you through the legal process.