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Oklahoma Employment Law Questions & Answers
2 Answers | Asked in Employment Law for Oklahoma on
Q: Is it legal for a General Manager (who gets salary) at a restaurant to pick up waiters shifts for tips?
Howard Berkson
Howard Berkson
answered on Oct 13, 2014

It is legal for a management employee who is paid on a salary basis to receive tips from customers.

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1 Answer | Asked in Employment Law for Oklahoma on
Q: Under FLSA, how should a non-exempt employee be compensated for time spent traveling to and from out-of-state training?

A non-exempt employee is required to attend training in another state. The training will consist of 34 hours over 5 days (regular work days). If travel time exceeds 6 hours, will the employee receive compensation for that time? If so, should it be figured as straight time or overtime?... View More

Howard Berkson
Howard Berkson
answered on Oct 13, 2014

Ordinarily, a non-exempt employee must be paid while traveling out of their home city for a work related purpose if such travel occurs during their normally scheduled work time. There are exceptions: you might be entitled to pay during non-scheduled hours. You should discuss the situation with... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: I had bk problems and my boss knew about them and I hurt it agin at work then my boss fired me for it

He lead me on for two weeks saying he was looking for work and then today said he couldn't put me bk to work can he do that

Howard Berkson
Howard Berkson
answered on May 10, 2014

You should talk to an attorney experienced with workers' compensation law.

1 Answer | Asked in Employment Law for Oklahoma on
Q: Are employers required to pay unused pto if you are furloughed?
Howard Berkson
Howard Berkson
answered on May 10, 2014

A "furlough" is typically a temporary leave. An employee on temporary leave is entitled to whatever the PTO policy allows. Also, there can be complicating factors, particularly if the furlough is for less than one week (e.g., 1 day per week for 3 months) and the employee is paid on a... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: How many hours can a 17 year old work a week and attend high school
Howard Berkson
Howard Berkson
answered on Dec 30, 2013

We do not have enough information to answer your question. There are special "child" labor laws from the federal government, and they depend on the type of job. For example, there are different provisions for agricultural work, kitchen work and amusement park work. Oklahoma also has... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: How long does it usually take to settle an ERISA insurance case in Eastern Oklahoma federal court?
Howard Berkson
Howard Berkson
answered on Dec 26, 2013

Settlement depends almost entirely on the other party's willingness to settle. If you and the other party have come to an agreement, then the court's involvement should end fairly quickly. It is easy for the judge and helpful to his or her schedule to allow voluntary dismissal of a case... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: What is the Oklahoma state law for working for an employer that has no running water?
Howard Berkson
Howard Berkson
answered on Dec 19, 2013

We don't have enough information to provide a detailed answer. There are many situations in which running water would not be required but drinking water must be available, even if it is just bottled or in a thermos. There could be city or county health code issues requiring running water... View More

2 Answers | Asked in Employment Law for Oklahoma on
Q: What is the retention period for credit reports used for employment purposes?
Howard Berkson
Howard Berkson
answered on Nov 23, 2013

An employer must comply with the Fair Credit Reporting Act (FCRA) to obtain and use credit information in an employment decision. The FCRA is administered by the Federal Trade Commission. According to their website, "Consumer reporting agencies may not report outdated negative information.... View More

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1 Answer | Asked in Employment Law for Oklahoma on
Q: Does a general employee have the right to view your personnel file without your permission?
Howard Berkson
Howard Berkson
answered on Nov 23, 2013

That depends largely on what information is in your employee file. Assuming it contains normal information such as your home address, your birthday, your social security number and disciplinary history, it is possible that your privacy rights have been violated. It also depends on what you mean... View More

2 Answers | Asked in Employment Law for Oklahoma on
Q: How many hours can a 17 year oid work during a week and attend high school also
Howard Berkson
Howard Berkson
answered on Nov 23, 2013

We do not have enough information to answer your question. There are special "child" labor laws from the federal government, and they depend on the type of job. For example, there are different provisions for agricultural work, kitchen work and amusement park work. Oklahoma also has... View More

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1 Answer | Asked in Employment Law for Oklahoma on
Q: Can the loss of a security clearance be considered misconduct?
Howard Berkson
Howard Berkson
answered on Nov 23, 2013

It depends on whether you mean "misconduct associated with the work" in the formal sense used in unemployment insurance hearings or if you mean "misconduct defined by my employer's policy." Losing a status or license necessary to work can be "misconduct" in terms... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: I am trying to find out how old my convenience store employees need to be to sell low point beer for off premise
Howard Berkson
Howard Berkson
answered on Nov 23, 2013

Contact the Alcoholic Beverages Law Enforcement (ABLE) Commission and ask them, or look it up on their website. If you are selling alcohol in Oklahoma, you should become familiar with all the rules.

1 Answer | Asked in Employment Law for Oklahoma on
Q: How long does it take for a Judge to rule on an ERISA case in federal court for the Eastern District of Oklahoma?
Howard Berkson
Howard Berkson
answered on Nov 22, 2013

There are a lot of variables, so there is no single answer. Some of the big factors include the Court's workload, the complexity of the case, where you are in the lawsuit, and the amount of "combat" going on between the attorneys. ERISA cases can be very complicated and the federal... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: If a job asks if you committed a felony in the last 7 years and they go back further is that discremination
Howard Berkson
Howard Berkson
answered on Nov 11, 2013

That is probably not discrimination all by itself. It might be illegal discrimination if the employer does not go back the same amount of time for all applicants. Also, there are other background check practices that can cause problems for the employer, but it is unlikely you would be able to... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: My wife's employer says she has to resign. what are her rights?
Howard Berkson
Howard Berkson
answered on Nov 2, 2013

The issue is whether the employer or the employee is responsible for ending the relationship. An employer can terminate employment or not terminate employment. However,a business ordinarily has no power to force an employee to resign. Even so, there are exceptions. You will have to discuss the... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: My boss owes me money. How can I make him pay me. It was a verbal contract

When he hired me I turned down a good job with a stable company. He told me I would make around $1000 per week.

Howard Berkson
Howard Berkson
answered on Oct 30, 2013

A verbal contract is theoretically enforceable. The first issue you have to deal with is proving that a contract was formed. You should consult with an attorney who, with the details of your situation, can better evaluate whether legal action would be a good idea.

1 Answer | Asked in Employment Law for Oklahoma on
Q: As a mixer driver i am made to drive 9, 10 even more hours before i can actually sit down and eat. any rights here?
Howard Berkson
Howard Berkson
answered on Oct 23, 2013

Oklahoma does not have a statutory requirement to provide rest or meal breaks. If you work under a collective bargaining agreement, check to see if your contract addresses this issue. If you are driving long hours without a break, it is possible that you are exceeding your maximum service hours.... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: Can my employer change my commission scale after I was already hired at another rate?
Howard Berkson
Howard Berkson
answered on Oct 23, 2013

Generally speaking, an employer is entitled to change the terms and conditions of employment at will. However, if a contract was involved, the employer may have violated the contract by modifying your commission plan. Whether there was an enforceable contract depends on the rest of the facts and... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: If a person gets fired for having 2 drinks at lunch & she can't get unemployment. Can she draw it 2 yrs later?

She has not worked for 2 years, can she draw unemployment now on what she previously paid into it?

Howard Berkson
Howard Berkson
answered on Oct 22, 2013

She would not be eligible to draw unemployment.

There are several factors that go into determining whether a person is eligible to receive unemployment benefits. One test requires that a person must have earned at least $1,500 in the first four of the last five calendar quarters from the...
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1 Answer | Asked in Employment Law for Oklahoma on
Q: Is it illegal to terminate an employee who has mental health problems?

Please give me case info, citations, laws, etc. to research.

Howard Berkson
Howard Berkson
answered on Oct 22, 2013

If employment is terminated because an employee has or is perceived as having a mental health condition, the termination may be illegal under Oklahoma and federal law. However, there is no easy answer to your question without more facts, which you should not provide on this public website.

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