About Howard BerksonHoward Berkson is the managing member of Boston Avenue Law, PLLC, which focuses on providing efficient, effective legal services to businesses in the areas of employment law and commercial law. In addition to its legal expertise, the Firm contains executive level experience in human resources management, operations, and sales. As a result, the Firm understands the managerial, operational, and bottom line goals that must be balanced in finding solutions to clients' concerns.
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- Employment Law
- Insurance Claims
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Jurisdictions Admitted to Practice
|University of Illinois - Urbana-Champaign||M.A.||Labor and Industrial Relations|
|University of Washington||B.A.||Philosophy|
|University of Tulsa||J.D.||Law|
|Honors: Graduated with honors.|
|Activities: Executive Notes and Comments Editor, Energy Law Journal.|
|Vice Chair, Bench and Bar Local Rules Subcommittee||Tulsa County Bar Association|
|Oklahoma Criminal Defense Lawyers' Association|
|Oklahoma Bar Association|
|Tulsa County Bar Association|
|Tulsa Area Human Resources Association|
- Overall: 170 Answers
- This Year: 162 Answers
- Last 30 Days: 12 Answers
Q. Can I get revoked for not having a job when I have a disabled child at home and my probation is up in a month
A: If the terms of your probation require you to have employment, then your probation can be revoked for being unemployed. You should speak with an attorney. If money is too tight, check with Legal Aid of Oklahoma.
Q. What would assault on a disabled person be considered or classified as?
A: Assault or battery on a disabled person by an able bodied person is probably aggravated assault or battery (or both). See Oklahoma Statutes title 21, Section 646(2).
Q. Can a judge overrule a jury decision regarding a conviction of Lewd Acts against a minor under 12?
A: Your best bet is an appeal but, frankly, appellate courts normally uphold the trial court's decision.
Q. Can my husband have charges dropped against my daughter for assault?
A: Criminal charges are brought by the state, the District Attorney makes the decisions, so it isn't up to you whether they continue prosecuting the case. However, that doesn't mean there is nothing you can do, but you need to talk to an attorney very quickly.
Q. Worked at Abc supply in Stillwater oklahoma for almost 6 years took a voluntary layoff never called back what can I do
A: We don't have enough information to answer your question directly. You can talk to the employer and ask them why they didn't give you the bonus everyone else got. You can ask them why you weren't hired back given your seniority. What you should probably do is write down a timeline of what happened and take that along with any paperwork or letters you may have about the layoff to an attorney.
Q. Do I need an employment law attorney?
A: It sounds like you have a wage claim that the Department of Labor would be interested in. Generally, if you go the administrative route, there is value in having a lawyer help you prepare your charge. If it is clear and well organized and tailored to highlight just the facts relevant to the laws and regulations the employer allegedly broke, the agency might be faster to act and more interested in your case.
Q. Can an employer add a new territory to your work load which is in a different state? With no increase in pay.
A: Your employer can change the terms and conditions of your work whenever they want, unless you have a contract in place saying they can't. For example, an employer can offer you work in Tulsa as a printer and then later transfer you to Oklahoma City to work as a baker and then fire you if you don't report to the OKC bakery. There are some exceptions and complicating factors, so it's worth talking about with an attorney.
Q. Does a federal felony from 6or7 years ago show up for an employment background check
A: If you were convicted of a federal felony 6 or 7 years ago, it will likely show up in an employment background check.
Q. Is it legal for a General Manager (who gets salary) at a restaurant to pick up waiters shifts for tips?
A: It is legal for a management employee who is paid on a salary basis to receive tips from customers.
WEBSITES & BLOGS
Beginning November 1, 2014, Oklahoma regulates employer access to applicant and employee social media accounts. What's in your policy?— Howard Berkson (@HBerksonLaw) October 8, 2014
Our joint May-June newsletter is out! http://t.co/xuI6yHC4bN— Howard Berkson (@HBerksonLaw) June 9, 2014
Kristin and Howard will be chairing different legal volunteer tables at the Joyce Meyer Food Friday in the ballpark on the 6th!— Howard Berkson (@HBerksonLaw) June 2, 2014
The April Newsletter is finally here! Advanced Topics in HR: the NLRB in Non-Union Environments. - http://t.co/AZaP3wPnxN— Howard Berkson (@HBerksonLaw) April 13, 2014
EEOC recently released new religious accommodation guidelines for compliance! Are your practices in line?— Howard Berkson (@HBerksonLaw) March 11, 2014
Catch the latest news on attorney Kristin Treager's Porsche racing efforts this season: good luck at Sebring! http://t.co/xYE23RNYsI— Howard Berkson (@HBerksonLaw) March 8, 2014
The March newsletter is out - Learn about temporary impairments under the ADA! http://t.co/maX162HMGz— Howard Berkson (@HBerksonLaw) March 6, 2014
Oklahoma has broadened the scope of employer conduct constituting workers compensation retaliation. Details in the March newsletter!— Howard Berkson (@HBerksonLaw) February 22, 2014
IRS issued final regs on employer responsibility under the Affordable Care Act! http://t.co/CROHiYqOMu— Howard Berkson (@HBerksonLaw) February 11, 2014
The February Newsletter is out! "A Few Employee Handbook Essentials" - Check it out now at http://t.co/Wko3FmAuzw— Howard Berkson (@HBerksonLaw) February 3, 2014