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JONES v. OS RESTAURANT SERVICES, INC.

No. 108,405. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

245 P.3d 624 (2010)

2010 OK CIV APP 140

Perry L. JONES, III, Individually and on behalf of all other similar situated tipped hourly employees of defendant, Plaintiff/Appellant, v. OS RESTAURANT SERVICES, INC., Defendant/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 1.

October 22, 2010.

Attorney(s) appearing for the Case

David Humphreys , Luke Wallace , Paul Catalano , J. Vince Hightower , Humphreys Wallace Humphreys, P.C., Tulsa, OK, for Plaintiff/Appellant.

Kathy R. Neal , McAfee & Taft, Tulsa, Oklahoma, and Marquis W. Heilig , Kevin D. Johnson , Thompson, Sizemore, Gonzales, & Hearing, P.A., Tampa, Florida, for Defendant/Appellee.

CAROL M. HANSEN, Presiding Judge.

¶ 1 Plaintiff/Appellant, Perry L. Jones, III (Employee), seeks review of the trial court's order granting summary judgment in favor of Defendant/Appellee, OS Restaurant Services, Inc. (Restaurant), in Employee's action for underpayment of minimum wage. At issue is whether Restaurant is an employer as defined in the Oklahoma Minimum Wage Act, 40 O.S.2001 § 197.4(d). We hold the statute excludes Employer from its coverage...

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