Tony Puckett represents management in all aspects of labor and employment law. His practice involves counseling employers in employment issues and representing employers in discrimination cases, wrongful discharge cases, wage and hour actions, charges investigated by the Equal Employment Opportunity Commission, Occupational Safety and Health Administration investigations, National Labor Relations Board proceedings, union negotiations and arbitrations. In addition to representing private employers, Tony also represents municipalities in all areas of labor relations, including union negotiations, grievance and interest arbitrations, unfair labor practice proceedings and civil rights employment actions. Tony's achievements have earned him inclusion in Chambers USA Guide to America's Leading Lawyers for Business, The Best Lawyers in America (employment law - management; labor law - management; labor and employment litigation) and Oklahoma Super Lawyers (employment litigation: defense). Tony is a frequent speaker at seminars and institutes on employment law issues in the public and private sectors. He has also presented sessions at the Annual Labor Management Conference, sponsored by the National Academy of Arbitrators Southwest Region, and the International Personnel Management Association. He is also the author of numerous articles, including "Supreme Court Broadens Liability for Sexual Harassment", Oklahoma Bar Journal (8/98); "Supreme Court Decides Same-Sex Sexual Harassment Issue," Oklahoma Bar Journal (4/25/98); and "Reviewing the State's Drug and Alcohol Testing Act," Oklahoma Cities and Towns (2/28/99). He also co-authored Age of Discrimination in the Workplace: A Primer for Human Resource Professionals, published by the Society of Human Resource Management Foundation, and was a contributing author to the sixth edition of How Arbitration Works, published by BNA. Tony served as the leader of the firm's Labor & Employment Group from 2005 - 2007. Representative Experience Employment matters: · Obtained summary judgment in favor of a manufacturing employer in a case in which the 11 employee plaintiffs sought overtime pay under the Fair Labor Standards Act for having to wear pagers while on call. · Negotiated a favorable settlement for a hotel operator accused of denying leave and retaliation under the Family Medical Leave Act. The employer claimed it did not meet the provisions of the FMLA which mandate coverage and liability, and the settlement was negotiated without the Department of Labor reaching any formal finding of coverage or liability. · Advised a large construction agency on contesting a citation issued by the Occupational Health & Safety Administration (OSHA), which sought to enforce a new interpretation of an existing construction standard. · Successfully represented a municipality in two civil service appeals of discharges of long-term employees. Both appeals were upheld by the civil service board. · Obtained a jury verdict in favor of national restaurant chain in a race discrimination case. · Obtained a jury verdict in favor of electrical contractor in a sexual harassment case. · Obtained summary judgment in favor of home builder in a case involving race and age discrimination and Equal Pay Act claims. · Obtained a jury verdict in favor of a national bakery in a Fair Labor Standards Act case concerning the exemption of an outside salesperson. · Obtained a favorable arbitration decision for a national retailer in an employment arbitration age discrimination claim. · Obtained a jury verdict in favor of a hospital on age discrimination claims arising from a reduction in force. · Successfully defended before the Oklahoma Employment Security Commission's (OESC) Appeal Tribunal an Oklahoma employer against a claim for unemployment benefits by a former employee who was discharged for failing a random drug test which complied with the Standards for Workplace Drug and Alcohol Testing Act. Labor matters: · Advised multiple cities on the statutory requirements for calling and holding special municipal elections regarding collective bargaining agreements · Handled dozens of labor negotions for employers as chief spokesperson. · Successfully prosecuted a declaratory judgment action for a city which challenged a discharge grievance filed by a union on behalf of a probationary employee. · Represented employers in more than 130 labor arbitrations on a variety of issues, including discharge, discipline, contract interpretation and new contract terms. · Vacated labor arbitration decision on management rights authority of the employer, a large manufacturer. The arbitration decision denied the employer's authority to issue a revised work rule. Represented the employer at the district court level in obtaining summary judgment vacating the arbitrator's decision and at the Tenth Circuit Court of Appeals which upheld the summary judgment issued by the district court. Attorney Articles · Plant Closings: Health Benefits for Life?
Oklahoma Employment Law Letter - May 2010 · Sexting 101 for employers
Oklahoma Employment Law Letter - December 2009 · Age discrimination: Tenth Circuit allows pattern-or-practice claims under ADEA
Oklahoma Employment Law Letter - October 2009 · Hiring: Subjective evaluations done right!
Oklahoma Employment Law Letter - July 2009 · Termination: Employer's patience and persistence pays off
Oklahoma Employment Law Letter - April 2009 In The News · Financial reform legislation also targets diversity in workplace
The Oklahoman - November 17, 2010 · Social networks causing employee-employer issues
Tulsa World - May 7, 2010 · New federal trade commission rules may affect employees
The Oklahoman - March 3, 2010 · Oklahoma City hires private law firm for union talks
The Oklahoman - February 24, 2010 · Sexting concerns
The Oklahoman - October 11, 2009 · H1N1 flu virus workplace rules now available for employers
The Oklahoman - September 11, 2009 At The Podium · Employment Law - Current Developments presented at National Association of Unemployment Insurance Appellate Boards 2011 Conference on July 12, 2011 in Oklahoma City, Oklahoma. · Presenting and Defending a Discipline or Discharge Case presented at National Academy of Arbitrators Southwest Region Advocates and Arbitrators Training Program on March 3, 2011 in Dallas, Texas. · When You Need Medical Information About Your Employee presented at Fall 2010 Labor, Employment and Employee Benefits Seminar - Tulsa on October 26, 2010 in Tulsa, Oklahoma. · When You Need Medical Information About Your Employee presented at Fall 2010 Labor, Employment and Employee Benefits Seminar - Oklahoma City on October 20, 2010 in Oklahoma City, Oklahoma. · Independent Contractor Issues presented at Spring 2010 Labor & Employment and Employee Benefits Seminar on May 26, 2010 in Oklahoma City, Oklahoma. · Independent Contractor Issues presented at Spring 2010 Labor & Employment and Employee Benefits Seminar on May 19, 2010 in Tulsa, Oklahoma. · Sex and the Cell Phone: Update Your Policies for New Forms of Harassment presented at HR Hero Audio Conference on March 31, 2010. Professional Organizations And Memberships · Oklahoma County Bar Association · Oklahoma Bar Association (Former Chair, Labor & Employment Law Section) · American Bar Association (Labor & Employment Section; State & Local Government Bargaining Committee) · Federal Bar Association · Oklahoma Association of Municipal Attorneys · Society for Human Resource Management · Ruth Bader Ginsburg Inn of Court (Barrister, 1998 - 2000) Civic Involvement And Leadership · Oklahoma City Public Schools (Volunteer Tutor) · McAfee & Taft Foundation (Former Trustee) |