Employment & Labor Law
NOTE: Labels in bold are required.
Employment and labor law covers a complex network of laws that control how employers must treat employees, former employees, and prospective applicants for employment. The employment lawyers at Armstrong & Lowe, P.C. have extensive experience interpreting and applying state and federal statutes and case law on behalf of injured workers and employees in the following areas:
- Overtime disputes, wage and hour law - We represent employees and workers in individual cases and class action lawsuits regarding overtime pay, overtime eligibility, failure to pay overtime, and other wage and hour law disputes arising under the Fair Labor Standards Act (FLSA), Davis-Bacon Act, and related state and federal wage and hour laws.
- Workers' compensation discharge - In Oklahoma, it is unlawful for an employer to discharge an employee for filing, or causing to be filed, a workers' compensation claim. In layman's terms, this means that a worker can't be fired for getting hurt on the job. Important factors to be considered are the length of employment, the proximity of the firing to the filing of the workers' compensation claim, and the employers "reputation" for firing all, or mostly all, workers' compensation claimants.
- Race discrimination - An employment decision that is based upon the race of the employee is illegal. The employer may not take into account the race of any person when the employer is deciding who to hire, fire, promote, give benefits to or whom to punish when rules have been broken.
- Disability discrimination - Employers are prohibited from discriminating against a "qualified individual with a disability" in regard to job applications, hiring, advancement, discharge, compensation, training, or other terms, conditions, or privileges of employment under the Americans with Disabilities Act (ADA).
- Age discrimination - Basically, if you are over 40 years old it is against the law for an employer to fire, not hire, reduce your pay or benefits or segregate you because of your age. The primary law governing discrimination based on age is the Age Discrimination in Employment Act of 1967 (ADEA).
- Family Medical Leave Act (FMLA) - It is unlawful for any employer to interfere with, restrain, discharge, discrimination, or otherwise deny the exercise of any right provided by FMLA, including those related to pregnancy, childbirth, and newborn child care, adoption, foster care, and other serious family health conditions.
- Wrongful termination - If you have been fired because of an "illegal reason" you have been wrongfully terminated. An "illegal reason" may include discrimination based on race, age, sex, religion, marital status, national origin or a disability. Wrongful termination cases include retaliatory discharge, workers' compensation discharge, and whistleblower litigation.
- Sexual harassment - Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct affects an employee's job status.
- Long-term disability - Long-term disability insurance protects workers in the event that they become disabled. ERISA is the acronym for the Employee Retirement Income Security Act of 1974, legislation enacted for the purpose of protecting employee benefits. ERISA litigation arises when there is a problem getting payment for health care and disability benefits. Long term disability, short-term disability, and health insurance claims are all part of the ERISA process
For further information about employment and labor law please contact Armstrong & Lowe, P.C. today. For immediate assistance call us toll-free in Tulsa at 1-800-722-8880.