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Wage & Hour and Enforcement Non-Compete Provisions Lawyer

Tulsa Non-Compete Lawyer & Wage and Hours Attorney: Fighting for the Rights of Tulsa Employees

At the law office of Jeff Nix, my law practice is based on a mix of 30 years of experience representing employees in all types of employment law disputes throughout Oklahoma. My unique background in the business world, outside of my law practice, reaches back 40 years as a professional musician, and owner and promoter in the music industry. I have even done a stint as an owner of a minor league hockey team! My wealth of experience on both sides of the employment relationship, combined with 30 years of experience representing Oklahoma employees, has provided me with the expertise and personal dedication needed to provide a unique experience, based on dedication and personal attention. If you need a wage & hour enforcement attorney, I am tested and proven in this field.

 

Oklahoma Wage and Hour Disputes – Unpaid Overtime Claims in Tulsa

Among the varied employment law issues that my law firm has handled on behalf of Tulsa employees are wage and hours disputes and enforcement of non-compete clauses in employment contracts. During tough economic times, Oklahoma employers may reduce their workforce and compensate by having existing employees work unpaid overtime. Wage and hour disputes typically involve employers who fail to pay employees for their work, or fail to pay the full amount owed.

If you are in this situation, the problem is magnified because you may fear that you will have difficulty obtaining another job, or fear that you may never receive earned compensation that was not paid by your current employer.

Federal and state laws strictly regulate wage and hours, as well as overtime pay, and require that you be paid the full compensation that you are due. According to the law, your employer may not require you to work off the clock.

Among common wage and hour issues that are common in workplaces in Tulsa and throughout Oklahoma are the following:

  • Arranging for employees to work "off the clock".

  • Using fraudulent classification schemes to identify employees as independent contractors or salaried employees.

  • Refusing to compensate employees for time putting on and taking off safety equipment.

  • Failing to compensate employees for lunches and breaks when employees work during these periods.

 

It is illegal for your employer to use strategies like these in order to prevent you from being compensated for time that you actually work, or to avoid paying overtime pay. You are entitled to receive 1.5 times your normal hourly wages if your employer has you work in excess of forty hours per week under both the Fair Standards Labor Act and Oklahoma law.

It is not uncommon for employers to attempt to avoid paying overtime pay by misclassifying employees as independent contractors (1099 employees) or salaried workers that are exempt from protection of the Fair Standards Labor Act and not entitled to overtime pay. Even if your employer had you sign an independent contractor agreement or has classified you as a salaried employee in your employment contract, this alone is not the end of the matter. A court will look beyond the employment contract to your actual duties and responsibilities as well as your compensation level. The process of determining whether an employee is exempt requires a careful factual analysis.

We routinely challenge employer's classification of employees. Generally, the more responsibility and decision-making you have the more likely it is that you will be considered an exempt employee. Our Tulsa based employment law firm has represented employees who have been denied overtime pay over a period of several years. The amount of unpaid compensation can accrue quickly if your employer systematically avoids paying you overtime over a protracted period.

 

Enforcement of Non-Compete Clauses

Another common contract issue that our Oklahoma employment law firm sees involves disputes of non-compete contracts and clauses. A non-compete clause is designed to prevent you from directly competing with your employer after the employment relationship terminates. If your former employer is able to enforce a non-compete clause, it can impose a serious burden on your ability to obtain subsequent employment particularly in a challenging job market.

Oklahoma courts will not necessarily enforce a non-compete clause, because Oklahoma courts place a priority on protecting your right to work. I routinely advice clients regarding the enforceability of specific non-compete clauses. Whether an Oklahoma court will enforce a covenant not to compete will typically depend on a number of factors that dictate the reasonableness of the restriction including:

  • The period of time covered by the non-compete clause

  • The scope of the geographic area covered by the non-compete clause

  • The types of competitors covered by the covenant not to compete

  • The non-compete clause is motivated by a legitimate business interest (i.e. protecting intellectual property or proprietary information)

 

My law office can review an employment contract prior to employment including a covenant not to compete, and advise you regarding the enforceability of such a provision. If you have signed an employment agreement with a non-compete clause and now need to seek new employment, I can advise you regarding the likelihood that a court will enforce the provision. If you are involved in litigation with a former employer over a covenant not to compete, my law firm is prepared to seek an amicable resolution of the dispute or zealously protect your interest in court.

My firm, the Tulsa employment law firm of Jeff Nix has been defending ordinary folks from unfair treatment by large corporations and public employers for over 30 years. If you have not been compensated fully for all of the time you have worked or are facing enforcement of a non-compete agreement, I offer a free initial consultation so that I can evaluate your situation and explain your options. I invite you to call me today at (918) 587-3193 so that I can explain how that I can help.

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