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Phil Bruce counsels and represents employers exclusively in all aspects of labor and employment law, including matters involving wage and hour law, non-competition and non-solicitation agreements, employee handbook policies and procedures, discipline and termination, drug and alcohol testing, medical and disability leave, litigation avoidance, and compliance with a myriad of state and federal laws. He also defends employers in state and federal courts, before administrative agencies, and in arbitration against claims of workplace harassment, Title VII employment discrimination, FLSA violations, and wrongful discharge and retaliation.

A portion of Phil’s practice is devoted to complex business litigation, including breach of contract cases, breach of confidentiality cases, and cases involving Lanham Act violations.

Phil’s achievements have earned him inclusion in Oklahoma Super Lawyers' list of “Oklahoma Rising Stars,” which recognizes the state’s up-and-coming attorneys.

Phil’s major writing credits include co-authoring and updating Oklahoma Employment Law: Practice and Forms Manual, published by Data Trace Publishing Company, since 2013. He also serves as a contributing author to the Oklahoma Employment Law Letter and EmployerLINC.

Prior to graduating from law school, Phil served as a judicial extern to the Honorable Timothy DeGiusti, U.S. District Judge for the Western District of Oklahoma, and worked as a research assistant for two law professors. While an undergraduate at the University of Kentucky, he served as an honors intern in the Wage and Hour Division of the U.S. Department of Labor in Washington, D.C.

 

Representative Experience

Employment & Labor Law
  • Represented both private and public employers in administrative charges before the Equal Employment Opportunity Commission, including investigating and drafting of positions statements, mediation, conciliation, and defending companies facing cause findings.
  • Advised private liberal arts university of applicable FLSA overtime exemptions for assistant athletic coaches; retailer furniture business in proper FLSA structure of commission salesmen; major metropolitan library in exempt status of librarians; national construction company on use of fluctuating work week and Belo pay practices for laborers; and commercial yacht company on proper pay structures and employment practices of crew to comply with international treaties and FLSA requirements.
  • Advise Native American tribal governments in the application of various employment laws.
  • Advised regional bank on litigation avoidance and strategy for various non-compete cases.
  • Representation of several national oil and gas services companies in FLSA and state wage law collective action cases including issues of classification of employees as exempt or non-exempt, use of independent contractors, and issues of compensable time.
  • Successfully defended restaurant group in U.S. Department of Labor investigation of hourly employee pay practices.
  • Obtained a favorable arbitration decision for an Oklahoma municipality in a case involving the discipline and demotion of a city employee for misconduct.
  • Assisted non-profit and for profit companies in drafting and implementing social media and related computer-use and confidentiality policies.
  • Representation of Oklahoma State Senate in employment, compliance, and training issues.
  • Obtained summary judgment in Minnesota federal court on behalf of national staffing firm on whistleblower claim of alleged threats of workplace violence.
  • Advise clients of requirements of state employment laws across the United States, including laws in Oklahoma, Minnesota, Colorado, Kansas, Tennessee, Ohio, Texas, North Dakota, Indiana, Illinois, Wisconsin and the U.S. Virgin Islands.
  • Assisted in trial representing steel fabrication company in gender discrimination and FMLA interference/retaliation case in federal court jury trial in October 2013.
Complex Civil Litigation
  • Obtained dismissal of state court lawsuit against a plaintiff’s former employer for defamation and intentional infliction of emotional distress.
  • Obtained summary judgment in favor of homeowners in construction lien and premises liability lawsuit in Oklahoma state court.
  • Successfully briefed and argued Daubert motion to exclude expert witness testimony in multi-party personal injury case.
  • Assisted in trial representing international radio remote control manufacturer in Oklahoma state court in case against former vice president of accounting for breach of confidentiality agreement and winning unanimous jury verdict.
  • Obtained summary judgment for foreign oil and gas services company on breach of contract case in Oklahoma state court.

Honors and Awards

  • Named to Oklahoma Super Lawyers’ list of “Oklahoma Rising Stars,” which recognizes the state’s up-and-coming attorneys


Professional Organizations and Memberships

  • Tulsa County Bar Association
  • Oklahoma Bar Association

 

Articles

DOL back at it: FLSA 'white collar' exemption

DOL back at it: FLSA 'white collar' exemption

McAfee & Taft EmployerLINC | July 20, 2017
Employer successfully fights EEOC subpoena

Employer successfully fights EEOC subpoena

McAfee & Taft EmployerLINC | April 3, 2017
Don’t bet the farm on March (legal) Madness

Don’t bet the farm on March (legal) Madness

McAfee & Taft tIPsheet | March 3, 2017
Attack on waivers of class action claims

Attack on waivers of class action claims

EmployerLINC | July 13, 2016

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