Oklahoma Labor Lawyers

In Oklahoma, both state and federal laws protect both businesses and employees. These laws lay out the privileges that workers may have at work and set restrictions on such privileges for the advantage of businesses.

Why Is There Employment Law in Oklahoma?

The main goals of labor legislation are to guarantee safe and fair working conditions as well as equal job opportunities for all eligible individuals. Numerous state and federal organizations have been set up to administer and implement these rules, including the Equal Employment Opportunity Commission (EEOC) and others.

These laws cover a wide range of topics that are pertinent to the interaction between employers and employees, such as:

• Workplace harassment and discrimination
• Retirement perks and plans
• Wages
• Security at work

Discrimination Law in Oklahoma

The Anti-Discrimination Act of Oklahoma provides protection for employees (OK Stat. Tit. 25 Sec. 1301 et seq.). Employers are not allowed to use any employment procedures or workplace policies that discriminate on the basis of a person’s race, religion, sex, sexual orientation, handicap, color, or genetic information.

You must seek a lawyer with employment law experience immediately if you think you have experienced this breach at work.

What Do Full-Time vs. Part-Time Jobs Mean in Oklahoma?

In Oklahoma, neither federal nor state law specifically defines full- and part-time employment. This implies that the variables that determine whether an employee works full- or part-time and, thus, whether they are eligible for benefits are at the employer’s discretion.

Overtime

Employees who work more than 40 hours a week must be paid at least time and a half their usual rate of pay as per the FLSA. Federal regulations apply to the payment of overtime in Oklahoma because the state does not have its own overtime statute. For workers who are deemed to be “exempt,” there are several exceptions to the necessity of overtime pay under federal law. Exempt personnel are those who fall under the categories of executive, administrative, or professional roles. For the purpose of calculating overtime, there are also special restrictions that apply to employees who are paid on a piece rate or salary basis.

Health Benefits

Employers are not required to provide group health insurance in Oklahoma. However, as of January 1, 2015, the Affordable Care Act’s (ACA) employer mandate went into effect, mandating firms with at least 50 full-time equivalent workers to offer health insurance to full-time workers. Discrimination in healthcare benefits based on an employee’s or employee’s dependent’s gender, race, age, national origin, religion, or disability is prohibited.

Discrimination

Oklahoma, like the majority of states, adheres to the “at-will” employment doctrine, which permits either party to end or change an employment arrangement without giving the other party prior notice and for any cause other than discrimination or retaliation.

Employers are prohibited from discriminating against employees on the basis of race, color, national origin, sex, age (40 and older), citizenship status, handicap, or genetic information under federal law. Additionally, discrimination based on pregnancy or military service is prohibited by Oklahoma law. Oklahoma employers are required to abide by these regulations even though, in most circumstances, federal law only applies to companies with at least 15 employees.

The Oklahoma Office of Civil Rights Enforcement, which upholds state laws against discrimination, is the authorized government body to file a complaint of discrimination. Employees can also report to the Equal Employment Opportunity Commission about violations of federal anti-discrimination statutes (EEOC).

Days Off

Under the Family Medical Leave Act (FMLA), employers are obligated by federal law to offer unpaid leave benefits. The FMLA mandates that all eligible employees be granted up to 12 weeks of unpaid leave annually for any of the following reasons:

• To care for a seriously ill immediate family member (child, parent, spouse);
• To recover from their own serious health conditions;
• To bond with a new child; or
• To attend to urgent matters relating to a family member’s military service. Employers with at least 50 employees must agree to this policy.

Although paid time off (PTO) is not mandated by federal or state law in Oklahoma, many employers nonetheless choose to provide paid leave for vacation, sick days, or holidays. Offering PTO benefits is thus optional in Oklahoma.

The Family and Medical Leave Act: What Is It?

A federal labor law known as the Family and Medical Leave Act, or “FMLA,” was enacted in 1993. The Act guarantees up to twelve weeks of unpaid medical leave to all qualified employees and safeguards their employment during that time. Employees who qualify may use this time off work to attend to their health issues or care for someone else, such as a sick relative or a new baby.

All employers subject to the Act are expected to maintain the employee’s health benefits in the same manner as if they were still on the job. The Act also forbids businesses from firing any eligible employee while on leave.

The Act can preempt state labor laws that might be in conflict with the FMLA because it is a federal law. As a result, an otherwise qualified worker who works in a state with limited or no family and medical leave options may be covered under the Family and Medical Leave Act.

While some states have labor regulations that go beyond what the Act requires, generally speaking, many states do not offer additional leave than what is required by federal law.

It is significant to remember that not every employer is obligated to follow the Family and Medical Leave Act. According to federal law, an employer must offer eligible workers the benefits and leave described by the Act if the employer is one of the following:

• A state, local, or federal governmental agency; a private business conducting interstate commerce;
• Has fifty or more employees;
• Engages in commerce; and/or
• Participates in an industry that affects commerce.

Almost every company satisfies the condition of conducting business or taking part in an industry that has an impact on business.

Is It Legal To Sue For FMLA Infringements?

In general, after a qualified employee takes FMLA leave, the employer must allow them to return to their prior employment. Before discussing any employment infractions, it is important to be aware of the exceptions to this law. First off, workers on leave don’t always have more rights or perks than any other workers.

This implies that if a company decides that a round of layoffs is required, a worker on FMLA leave is just as likely to lose their job as any other worker. They would experience this without their employer breaking any FMLA rules.

Second, no employee has an automatic right to be returned to their employment with the same rate of pay and benefits upon returning from an FMLA absence if they are making one of the top 10 percent of wages at the company. This is especially true if their employer experiences a “substantial and painful economic burden” upon their return from an FMLA leave.

It must be established if an employer is truly obligated to comply with the FMLA in order to assess whether an employer has committed an FMLA violation. In addition to the above-listed requirements, only employers with 50 or more employees are legally compelled to comply with the FMLA. The employee’s eligibility for FMLA benefits must also be determined.

Where Can I Find a Nearby Attorney Who Can Assist Me?

Most employment rules that offer dispute resolution procedures have stringent timeframes that one must follow. If you have any concerns about how your rights as an employee are being affected, speak with an Oklahoma labor attorney immediately. Your lawyer can explain your rights to you and advise you on how to defend yourself.