Labor & Employment
The Labor & Employment Practice Group represents companies and their management engaged in a myriad of employment law issues. Our attorneys serve not only as adept, experienced advocates in the courtroom, but active counselors working with employers and organizations to find practical solutions. While keeping clients informed of the latest legal developments, we strive to minimize risks and maximize the value of quality representation and knowledge needed for today’s ever-changing workplace.
As the exclusive Oklahoma member of the Employment Law Alliance, our Labor & Employment Practice Group garners access to a comprehensive global network of labor and employment attorneys spanning 120 countries and every jurisdiction in the United States. We are also actively involved in a number of professional resource groups and networks.
Discrimination, Harassment and Wrongful Termination
- Defense of discrimination charges filed with the Equal Employment Opportunity Commission (EEOC) and equivalent state and local agencies including the Oklahoma Attorney General’s Office of Civil Rights Enforcement
- Defense of lawsuits alleging discrimination, harassment, retaliation and wrongful discharge of all kinds including litigation based on claims of race, age, disability, gender, national origin, religious, color and genetic discrimination, as well as public policy torts, whistleblower claims, unequal pay claims, Family Medical Leave Act (FMLA) discrimination/interference/retaliation, workers’ compensation retaliation, COVID-19 liability, alleged violations of drug testing laws, alleged infractions of Open Meetings and Open Records standards and First Amendment claims at public employers
- Review, revision and implementation of employers’ personnel policies, procedures and handbooks
- Counsel and advice for disciplinary actions and pre-termination decisions and issues
Wage and Hour
- Defense of wage and hour claims and lawsuits
- Represent employers during wage and hour investigations conducted by the U.S. Department of Labor (DOL) and state administrative equivalents
- Represent employers against individuals with private wage and hour lawsuits, including collective actions under the Fair Labor Standards Act (FLSA) and/or state law equivalents
- Assist employers in auditing/reviewing current practices for compliance with state and federal wage and hour laws
- Assist employers in designing pay structures that meet their business needs while remaining in compliance with state and federal wage and hour laws
- Audits for compliance with federal and state wage and hour laws
Non-Solicitation Agreements and Other Post-Employment Restrictive Covenants
- Draft and prepare non-solicitation, non-disclosure and other post-employment restrictive covenant agreements
- Review non-solicitation, non-disclosure and other post-employment restrictive covenant agreements for compliance with applicable law and provide legal advice and counsel to companies and/or individuals regarding such agreements
- Counsel and advice on the enforcement of post-employment restrictive covenant agreements, including cease and desist correspondence, and litigation including applications for injunctive relief
Leave Laws (FMLA)
- Determination of applicability of FMLA coverage to employers and employees
- Counsel and advice regarding the administration of FMLA leaves of absence (LOA), including intermittent leave
- Analysis of requests for LOA as a potential reasonable accommodation under the Americans with Disabilities Act (ADA)
- Review and analysis of the impact of covered leave on performance management
- Counsel employers on terminating employees for legitimate, non-discriminatory and non-retaliatory business reasons while on protected leave
Employer Counseling
- Hiring practices
- Performance evaluations
- Disciplining employees
- Internal investigations
- Employment terminations
- Maintaining personnel files
- Properly classifying employees under the FLSA
- Creating and updating policies and procedures
- FMLA leave administration
- Employer practices audits
- ADA disability accommodation
- Anti-discrimination and harassment training
- Background checks
- Drug testing
- Severance agreements
- Reductions-in-force and furloughs
- Employment agreements
Immigration Services
- Immigration advice and I-9 compliance
- Nonimmigrant (temporary) status through employment, with a focus on H-1B, TN and L-1
- Immigrant (permanent residency) status through employment, including EB-1, EB-2 and EB-3
Employment Administrative Law
- Administrative proceedings before U.S. DOL divisions and agencies including Wage & Hour Division and Occupational Safety and Health Administration (OSHA)
- Administrative proceedings before the Oklahoma DOL, Oklahoma Workers’ Compensation Commission (OWCC) and Oklahoma Employment Security Commission (OESC)
- Administrative proceedings before multiple other state agencies and organizations including merit protection cases