Employment law affects all working people. It covers a broad spectrum involved in the employer-employee relationship and involves local, state, and federal laws which establish the rights and duties of employers and employees within the workplace.
From regulating minimum wage to prohibiting harassment and discrimination, to protecting worker safety, labor laws are an important part of the workplace. All employees want to feel safe and free from discrimination and abuse in the workplace. When workplace abuses occur, employees may need help to fight against illegal discrimination, sexual harassment, or retaliation.
Fighting illegal discrimination is often grounded in what is known as protected-class discrimination laws. Charges against smaller employers can be brought to the Oklahoma Office of Civil Rights Enforcement (OCRE). Charges against larger employers are brought to the Equal Employment Opportunity Commission (EEOC). It is also possible to bring an action in state civil court.
In addition, the law protects workers who are “whistleblowers” or engaging in unionizing activity from retaliation. It also protects workers against harassment, discrimination, wrongful termination, hostile work environment matters, violations of the Family and Medical Leave Act, and wage-and-hour complaints.
Oklahoma State Employment Law
Labor laws are meant to provide fair and safe working conditions and to give every qualified person an equal opportunity to obtain and maintain employment. These laws cover many issues relevant to this relationship, such as:
- Discrimination and harassment in the workplace
- Retirement plans and benefits
- Occupational safety
Discrimination is a prevalent issue in employment law. The Oklahoma Anti-Discrimination Act prohibits employment practices that discriminate based on race, color, religion, sex, national origin, age, genetic information, or disability. Okla. Stat. tit. 25 Sec. 1301 et seq. The Act covers all public and private employers, employment agencies, labor unions, and contractors and subcontractors.
Among other things, it makes it illegal to:
- Fail or refuse to hire, discharge, or discriminate against an individual with respect to compensation or terms, conditions, privileges, or responsibilities of employment because of a protected characteristic such as age, sex, race, etc., in most cases.
- It is also against the law to limit, segregate, or classify an employee in such a way as to deprive the employee of employment opportunities or otherwise adversely affect their status in most cases.
- An employer may not discriminate against an individual because of a protected characteristic when admitting or qualifying persons for an apprenticeship or other training programs in most cases.
Other Employment Law Issues and Remedies
Oklahoma employment law is a highly technical legal area best handled by an experienced employment law attorney in Oklahoma. In the case of discrimination, a court may order an employer to end their discriminatory practices and may award employees financial damages and attorney’s fees. Okla. Stat. tit. 25 § 1350
However, it is important to act early. An employee must file a claim within 180 days of the date when the discrimination occurred. The charge can be presented to the Attorney General’s Office of Civil Rights Enforcement or the EEOC. Once one of these agencies issues a Notice of Right to Sue, the employee may file a lawsuit in district court.
Federal Employment Law Issues
The U.S. federal law also regulates workplaces. Federal labor laws are complicated. Federal laws and regulations abound and address a myriad of employment issues, often with some overlap between federal and state law in the areas covered. Discrimination is one such area. Discrimination cases are usually filed in state courts first. However, even in state court, federal law can affect the case’s outcome. There are other issues and cases that are best addressed by federal law. An Oklahoma employment law attorney can help you understand the best venue for your particular case.
Other federal laws that can affect a labor issue include:
- Title VII of the Civil Rights Act of 1964,
- Age Discrimination in Employment Act,
- Pregnancy Discrimination Act,
- Rehabilitation Act,
- Americans with Disabilities Act, and
- Genetic Information Nondiscrimination Act.
FMLA: Family and Medical Leave Act Violations
Violations of the Family and Medical Leave Act, which allows a worker to care for a family member at home with pay as well as maternity care, are compensable under the law. FMLA applies to companies with 50 or more workers within a 75-mile radius. Remote workers may not be protected under this law.
Because of their technical nature, these cases require the help of an experienced labor law attorney in Wagoner, Oklahoma.
Initial Strategy Session: Wagoner Employment Law Attorney
The Wirth Law Office – Wagoner prides itself on providing the best representation possible at reasonable rates. If you or someone you know has suffered an employment law violation in the workplace, the labor law attorneys at Wirth Law Office – Wagoner invite you to schedule a initial consultation to discuss what they can do for you to resolve your matter. Contact Wirth Law Office – Wagoner at (918) 485-0335 to schedule your low-cost strategy session.
