Oklahoma prohibition on same-sex marriages found unconstitutional

January 16, 2014 0 COMMENTS

by Charles S. Plumb

The last several months have witnessed a flurry of court activity regarding same-sex marriage laws. On Tuesday, January 14, Oklahoma joined that activity with an order and opinion issued by Tulsa’s federal court.

In 2004, Oklahoma voters approved an amendment to the Oklahoma Constitution defining “marriage” to be exclusively a union between a man and a woman. In some respects, the Oklahoma constitutional amendment tracked the federal Defense of Marriage Act (DOMA).

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New Oklahoma law confirms enforceability of nonsolicitation agreements

May 15, 2013 0 COMMENTS

Although noncompetition agreements remain unenforceable under state law, a new law confirms that Oklahoma employers may enforce agreements prohibiting former employees from soliciting a company’s employees to leave their jobs to work for another employer.

For some time, Oklahoma employers have been able to contractually prohibit former employees from soliciting workers for a reasonable period of time, but Senate Bill 1031 confirms and reinforces such prohibitions by codifying that a nonsolicitation provision is not an unlawful restraint of trade. Under the law, employers may have contracts that prohibit employees or independent contractors from directly or indirectly soliciting employees or contractors to become employees for another organization.

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New Oklahoma law allows ammo in locked cars parked at work

October 12, 2012 3 COMMENTS

by Charlie Plumb

An Oklahoma law going into effect on November 1 allows employees to store ammunition in their locked vehicles parked at work.

A key aspect of Oklahoma’s Self-Defense Act allows people with valid gun licenses to carry handguns openly as well as concealed weapons in many public places. But another part of the open-carry law affects how people can store ammunition in their cars. The bill was signed by Governor Mary Fallin on November 15.

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Emotional Distress Claims: a Future Trend in Oklahoma?

October 25, 2011 0 COMMENTS

By Charles S. Plumb

On November 1, changes to the Oklahoma Anti-Discrimination Act will go into effect that substantially restrict the ability of former employees to sue their employers for wrongful discharge in personal injury claims. But a recent Oklahoma Supreme Court decision may encourage employees’ lawyers to pursue intentional infliction of emotional distress claims against employers as a way to compensate for the new limitations on the ability to file wrongful discharge lawsuits.

In the case, Camran Durham, a 16-year-old employee at a McDonald’s restaurant, took prescription antiseizure medication during the day. During one of his shifts, he asked his manager three times to allow him to take his medication, but the manager refused each request and called him a “f____ing retard.” The employee left work crying and never returned. His mother reported that he was depressed and introverted, slept all day, and had to be homeschooled.

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Appeals Court Rejects Key Provisions of Oklahoma Immigration Law

February 03, 2010 1 COMMENTS

By Charles S. Plumb

Yesterday’s ruling by a federal court of appeals stops enforcement of key portions of Oklahoma’s sometimes controversial immigration law known as House Bill 1804. First, a brief history.

House Bill 1804 went into effect on November 1, 2007, and its business-related immigration provisions were immediately challenged in court. On June 4, 2008, an Oklahoma City federal court ruled the following aspects of the law couldn’t be enforced: read more…