WAGE AND HOUR DEMAND LETTER
Oklahoma Minimum Wage Act and FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Oklahoma ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Oklahoma Bar Association Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
Demand for Unpaid Wages Under FLSA and Oklahoma Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq., and the Oklahoma Minimum Wage Act, 40 Okl. Stat. Section 197.1 et seq., and the Oklahoma Protection of Labor Act, 40 Okl. Stat. Section 165.1 et seq.
Please direct all further communications regarding this matter to our office.
I. OKLAHOMA-SPECIFIC LEGAL FRAMEWORK
A. Oklahoma Minimum Wage
Oklahoma's minimum wage is the federal minimum wage of $7.25 per hour. 40 Okl. Stat. Section 197.5. Oklahoma's state minimum wage law applies only to employers not covered by the FLSA.
Oklahoma allows a tip credit of up to $5.12 per hour, meaning tipped employees must receive a cash wage of at least $2.13 per hour plus tips equaling the minimum wage. 40 Okl. Stat. Section 197.5.
B. Overtime Requirements
Oklahoma follows FLSA overtime requirements. Non-exempt employees must be paid 1.5 times the regular rate for all hours worked over 40 in a workweek. Oklahoma does not have a state overtime law; federal FLSA requirements apply. Oklahoma does not require daily overtime.
C. Meal and Rest Break Requirements
Oklahoma law does not mandate meal or rest breaks for adult employees. However:
- Minors under 16 must receive a 30-minute break for shifts of 5+ hours and a 1-hour cumulative rest period for 8+ hour shifts. 40 Okl. Stat. Section 75.
- If breaks under 20 minutes are provided, they must be compensated. 29 C.F.R. Section 785.18.
D. Wage Payment Requirements
Under the Oklahoma Protection of Labor Act:
- Regular Pay Periods: Wages must be paid at least semi-monthly on regular paydays. 40 Okl. Stat. Section 165.2.
- Termination - Discharge: All wages due must be paid on the next regular payday. 40 Okl. Stat. Section 165.3.
- Termination - Resignation: All wages due must be paid on the next regular payday. 40 Okl. Stat. Section 165.3.
E. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| Oklahoma wage claims | 2 years | 12 Okl. Stat. Section 95 |
F. Liquidated Damages and Penalties
FLSA Liquidated Damages: Equal to the amount of unpaid wages (doubling recovery). 29 U.S.C. Section 216(b).
Oklahoma Penalties: Under 40 Okl. Stat. Section 165.3, if an employer fails to pay wages when due after written demand, the employer may be liable for the wages plus up to 2% per day for each day wages remain unpaid (up to a reasonable amount).
G. Attorney's Fees
The FLSA provides for recovery of reasonable attorney's fees and costs to the prevailing employee. 29 U.S.C. Section 216(b).
II. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es)] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
C. Specific Violations
[Company Short Name] violated federal and Oklahoma wage and hour laws by:
- [ ] Failing to pay the minimum wage required under federal/state law
- [ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
- [ ] Misclassifying our client as exempt from overtime
- [ ] Misclassifying our client as an independent contractor
- [ ] Failing to pay for all hours worked (off-the-clock work)
- [ ] Making unlawful deductions from wages
- [ ] Failing to pay all wages due upon termination on the next regular payday
III. LEGAL ANALYSIS
A. FLSA Violations
[Describe specific FLSA violations - minimum wage, overtime, misclassification, etc.]
B. Oklahoma Protection of Labor Act Violations
[Company Short Name] violated the Oklahoma Protection of Labor Act by:
- [ ] Failing to pay wages on the established payday. 40 Okl. Stat. Section 165.2.
- [ ] Failing to pay all wages due on the next regular payday after termination. 40 Okl. Stat. Section 165.3.
IV. DAMAGES CALCULATION
A. Unpaid Wages
| Category | Calculation | Amount |
|---|---|---|
| Unpaid Overtime | [X hours] x $[regular rate] x 0.5 | $[Amount] |
| Unpaid Minimum Wage | [X hours] x $[shortfall] | $[Amount] |
| Off-the-Clock Work | [X hours] x $[rate] | $[Amount] |
| Total Unpaid Wages | $[Amount] |
B. FLSA Liquidated Damages
Liquidated damages equal to unpaid wages: $[Amount]
C. Oklahoma Penalties
2% per day penalty for unpaid wages (40 Okl. Stat. Section 165.3): $[Amount]
D. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| FLSA Liquidated Damages | $[Amount] |
| Oklahoma Penalties | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name] arising from the wage and hour violations described herein.
This demand will remain open for twenty-one (21) calendar days from the date of this letter, until [Response Deadline Date].
If we do not receive a satisfactory response by that date, we will file suit without further notice in the appropriate Oklahoma District Court, [County] County, or United States District Court for the [Western/Northern/Eastern] District of Oklahoma.
VI. DOCUMENT PRESERVATION
This letter constitutes formal notice of our client's claims and intent to file suit. [Company Short Name] must immediately implement a litigation hold to preserve all documents and electronically stored information relevant to these claims.
VII. CONFIDENTIALITY
This letter is a confidential settlement communication made in anticipation of litigation and is protected under Federal Rule of Evidence 408 and Oklahoma Statutes Title 12, Section 2408.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Oklahoma Bar Association No.]
Enclosures:
- [ ] Authorization to Represent
- [ ] Pay stubs / wage statements
- [ ] Time records (if available)
cc: [Client Name] (via email)