Okla. Stat. tit. 40, § 40-3-502 — OK Code / Title 40 / Section 40-3-502
Filing warrant with county clerk
Status: in_force

FILING WARRANT WITH COUNTY CLERK. The Commission may also file

a copy of its warrant with the county clerk of the county or

counties in which the employer has property and thereupon the county

clerk shall index the warrant in the same manner as judgments using

the name of the delinquent employer named in the warrant, a short

name for the contribution, or tax imposed, and the amount of the

contributions, interest, penalty and fees for which the warrant was

issued, and the date upon which the copy was filed, and shall index

the warrant against the real property described therein, if any is

described. If the county clerk charges a fee for the filing of the

Oklahoma Statutes - Title 40. Labor Page 145

warrant, the Commission may add the amount of the fee to the

indebtedness owing by the delinquent employer named in the warrant.
Okla. Stat. tit. 40, § 40-76 — OK Code / Title 40 / Section 40-76
Night work
Status: in_force

No person under the age of sixteen (16) years shall be employed

or permitted to work in any of the occupations set out in Section 71

of this title between the hours of seven o'clock p.m. and seven

o'clock a.m.; except, during the summer (June 1 through Labor Day)

and, if the employer is not covered by the Fair Labor Standards Act,

during the remainder of the year on days followed by a nonschool day

when the prohibited hours will be between the hours of nine o'clock

p.m. and seven o'clock a.m.

Oklahoma Statutes - Title 40. Labor Page 203

R.L. 1910, § 3733; Laws 1929, c. 35, p. 35, § 2; Laws 1955, p. 240,

§ 1; Laws 1976, c. 151, § 1; Laws 1991, c. 172, § 5, eff. Sept. 1,

1991; Laws 1993, c. 137, § 2, eff. Sept. 1, 1993.
Okla. Stat. tit. 40, § 40-2-703 — OK Code / Title 40 / Section 40-2-703
Extended benefit period
Status: in_force

EXTENDED BENEFIT PERIOD. "Extended benefit period" means a

period which shall:

(1) begin with the third week after the first week for which

there is a state "on" indicator; and

(2) end with either of the following weeks, whichever occurs

later:

(a) the third week after the first week for which there is

a state "off" indicator, or

(b) the thirteenth consecutive week of such period.

No extended benefit period may begin by reason of a state "on"

indicator before the fourteenth week following the end of a prior

extended benefit period which was in effect with respect to this

state.
Okla. Stat. tit. 40, § 40-3-810 — OK Code / Title 40 / Section 40-3-810
Commission to provide notice of determinations
Status: in_force

COMMISSION TO PROVIDE NOTICE OF DETERMINATIONS. The Commission,

in accordance with such rules as it may prescribe, shall notify each

nonprofit organization, or group of organizations, of any

determination which it may make of its status as an employer and of

the effective date of any election which it makes and of any

termination of such election. Such determinations shall be subject

to reconsideration, appeal and review in accordance with the

provisions of this act.
Okla. Stat. tit. 40, § 40-3-510 — OK Code / Title 40 / Section 40-3-510
Enforcement of bank levy
Status: in_force

ENFORCEMENT OF BANK LEVY. A. Any bank that fails or refuses to

surrender any money or rights to money in a bank account subject to

levy, upon being served with a Notice of Levy and supporting tax

warrants of the Oklahoma Employment Security Commission, shall be

liable to the Oklahoma Employment Security Commission in a sum equal

to the amount of money or rights to money not so surrendered, but

not exceeding the amount of the tax debtor's indebtedness for the

collection of which the levy has been made, together with accrued

interest pursuant to subsection A of Section 3-301 of this title,

and the cost of service of the Notice of Levy. Any amount recovered

under this subsection shall be credited against the liability for

taxes, interest, penalty, fees, and surcharge, for the collection of

which the levy was made.

B. Any bank in possession of money or rights to money subject

to levy, upon which a levy has been made, that surrenders such money

or rights to money to the Oklahoma Employment Security Commission

shall be discharged from any obligation or liability to the tax

debtor and any other person or entity with respect to such money or

rights to money arising from the surrender or payment.
Okla. Stat. tit. 40, § 40-2-202 — OK Code / Title 40 / Section 40-2-202
Conditions for eligibility
Status: in_force

CONDITIONS FOR ELIGIBILITY. An unemployed individual shall be

eligible to receive benefits with respect to any week only if the

Commission finds that he satisfies the provisions of this Part 2.
Okla. Stat. tit. 40, § 40-2-404.2 — OK Code / Title 40 / Section 40-2-404.2
Work of a limited duration of time
Status: in_force

WORK OF A LIMITED DURATION OF TIME.

A. When an employer employs a worker for a limited duration of

time specified by the employer, the worker is considered to have

been laid off due to lack of work at the end of the time period set

by the employer, provided that the worker’s separation was due only

to the completion of the work or the expiration of the time period.

Oklahoma Statutes - Title 40. Labor Page 65

B. When an employer employs a worker for a limited duration of

time specified by the worker, the worker is considered to have

voluntarily quit work at the end of the time period set by the

worker, provided that the worker’s separation was due only to the

expiration of the time period.
Okla. Stat. tit. 40, § 40-141.20 — OK Code / Title 40 / Section 40-141.20
Petty cash fund
Status: in_force

A. The Director of the Office of Management and Enterprise

Services is hereby authorized, upon request by the Commissioner of

Labor, to establish a petty cash fund for the Department of Labor in

an amount not to exceed Four Hundred Dollars ($400.00), to be used

for the purpose of making change for persons obtaining licenses and

transacting other business with the Department.

B. The fund shall be established and replenished from any

monies available to the Department for operating expenses.

C. The Director of the Office of Management and Enterprise

Services shall prescribe all forms, systems, and procedures for

administering the fund.
Okla. Stat. tit. 40, § 40-2-721 — OK Code / Title 40 / Section 40-2-721
Employers not liable for reimbursed payments
Status: in_force

EMPLOYERS NOT LIABLE FOR REIMBURSED PAYMENTS. Notwithstanding

any other provisions of this act no employer shall be liable for

payments in lieu of contributions with respect to extended benefit

payments which are wholly reimbursed to the state by the federal

government.
Okla. Stat. tit. 40, § 40-2-715 — OK Code / Title 40 / Section 40-2-715
Eligibility for extended benefits
Status: in_force

ELIGIBILITY FOR EXTENDED BENEFITS.

A. An individual shall be eligible to receive extended benefits

with respect to any week of unemployment in the eligibility period

of the individual only if the Commission finds that with respect to

such week:

1. The individual is an "exhaustee" as defined in Section 2-712

of this title; and

2. Except as otherwise provided by this section, the individual

has satisfied the requirements of the Employment Security Act of

1980, for the receipt of regular benefits that are applicable to

individuals claiming extended benefits, including not being subject

to a disqualification under the Employment Security Act of 1980,

Section 1-101 et seq. of this title, for the receipt of benefits.

B. An individual shall not be eligible for extended benefits

unless, in the base period with respect to which the individual

exhausted all rights to regular benefits, the individual shall have

been paid wages for insured work of not less than one and one-half

(1 1/2) times the amount of wages during that quarter of the base

period of the individual in which the wages were the highest.

C. Any payment of extended benefits under the Employment

Security Act of 1980 shall not be made to any individual for any

week of unemployment in his or her eligibility period during which

the individual:

1. Fails to accept any offer of suitable work;

2. Fails to apply for any suitable work to which referred by

the state employment service; or

3. Fails to actively engage in seeking suitable work.

D. Suitable work shall be defined as any work which is within

such individual's capabilities, except that if the individual

furnishes satisfactory evidence that the individual's prospects for

Oklahoma Statutes - Title 40. Labor Page 99

obtaining work in his or her customary occupation within a

reasonably short period are good, the determination of whether any

work is suitable work with respect to such individual shall be made

in accordance with the provisions of Section 2-408 of this title

with respect to regular benefit claimants.

1. Any work which is within the capabilities of such individual

means that the individual has the physical and mental capacity to do

the work and the background and experience which would enable the

individual to perform the job.

2. Work for an extended benefit claimant shall not be

considered suitable if the gross weekly pay of the job does not

exceed the extended weekly benefit amount payable to the individual

for a week of total unemployment plus the amount of any Supplemental

Unemployment Benefits (SUB), as defined in Section 501(c)(17)(D) of

the Internal Revenue Code of 1954, 26 U.S.C., Section 501, payable

for such week and equal the higher of the federal minimum wage

provided by Section 6(a)(1) of the Fair Labor Standards Act of 1938,

29 U.S.C., Section 206, without regard to any exemption or any

applicable state or local minimum wage.

E. If any individual is ineligible for extended benefits for

any week by reason of a failure described in subsection B of this

section, such individual shall be ineligible to receive extended

benefits for the week in which such failure occurred and until the

individual has been employed during at least four (4) different

weeks which begin after such failure and has earned wages equal to

or in excess of four (4) times his weekly benefit amount.

F. 1. Extended benefits shall not be denied to any individual

for any week by reason of a failure to accept an offer of, or apply

for, suitable work if the position was not offered to such

individual in writing or was not listed with the state employment

service.

2. Extended benefits shall not be denied to any individual for

any week by reason of a failure to accept an offer of or apply for

suitable work if such failure would not result in a denial of

benefits under the provisions of Sections 2-408, 2-409, 2-417 and 2-

418 of this title to the extent that such provisions are not

inconsistent with the provisions of this section.

3. Extended benefits shall not be denied to any individual for

any week by reason of a failure to accept an offer of or apply for

suitable work if the work failed to meet any of the requirements of

Section 2-409 of this title.

G. An individual shall be treated as actively engaged in

seeking work during any week if such individual has engaged in a

systematic and sustained effort to obtain work during such week, and

such individual provides tangible evidence to the state employment

service that he has engaged in such an effort during such week.

Oklahoma Statutes - Title 40. Labor Page 100

H. An individual filing an interstate claim shall not be

eligible for extended benefits after the first two (2) weeks of

extended benefits that are payable if no extended benefit period is

in effect for such week in the state where the claim is filed.

I. The state employment service shall refer any claimant

entitled to extended benefits to any suitable work which meets

the criteria prescribed in this section.
Okla. Stat. tit. 40, § 40-4-318 — OK Code / Title 40 / Section 40-4-318
Employee performance recognition program - Veterans
Status: in_force

Service Division.

In order to encourage the improvement and modernization of

employment, training, and placement services for veterans, and to

recognize eligible employees for excellence in the provision of

services to veterans, or for having made demonstrable improvements

in the provision of services to veterans, the Veterans Service

Division of the Oklahoma Employment Security Commission is directed

to establish an employee performance recognition program. The

Commission is hereby authorized to grant cash awards of up to Five

Thousand Dollars ($5,000.00) to the eligible employees meeting

criteria established by the Veterans Service Division of the

Oklahoma Employment Security Commission, provided funds exist from

United States Department of Labor grants for the payment of the

awards. For the purposes of this act, "eligible employees" means

any of the following:

1. A disabled veterans outreach program specialist;

2. A local veterans employment representative; or

3. An individual providing employment, training and placement

services to veterans under the workforce system programs or through

an Employment Service delivery system.
Okla. Stat. tit. 40, § 40-2-712 — OK Code / Title 40 / Section 40-2-712
Exhaustee
Status: in_force

Oklahoma Statutes - Title 40. Labor Page 97

EXHAUSTEE. A. "Exhaustee" means an individual who, with

respect to any week of unemployment in his eligibility period:

(1) has received, prior to such week, all the regular benefits

payable to him according to the monetary determination for his

current benefit year that includes such week under this act, or of

any other state law; or

(2) has received, prior to such week, all the regular benefits

available to him in his current benefit year that includes such week

under this act or of any other state law after a cancellation of

some or all of his wage credits or the partial or total reduction of

his right to regular compensation; or

(3) his benefit year having expired prior to such week, has

insufficient wages or employment, or both, on the basis of which he

could establish in any state a new benefit year that would include

such week, or having established a new benefit year that includes

such week, he is precluded from receiving regular benefits by reason

of the provisions of Part 1 of Article 2 or the provision of any

other state law that meets the requirements of Section 3304(a)(7) of

the Internal Revenue Code of 1954; and

(4) has no right to unemployment benefits or allowances, as the

case may be, under the following federal laws: The Railroad

Unemployment Insurance Act, the Trade Expansion Act, and the

Automotive Products Trade Act; and

(5) has not received and is not seeking for such week

unemployment benefits under the law of Canada, but if he is seeking

such benefits and the appropriate agency finally determines that he

is not entitled to benefits under such law, he is an exhaustee.

B. For purposes of paragraphs (1) and (2) of subsection A, an

individual shall be deemed to have received in his current benefit

year all of the regular benefits payable to him according to the

monetary determination or available to him, as the case may be, even

though:

(1) as a result of a pending appeal with respect to wages or

employment or both that were not included in the original monetary

determination with respect to such benefit year, he may subsequently

be determined to be entitled to more regular benefits; or

(2) having established a benefit year, no regular benefits are

payable to him during such year because his wage credits were

cancelled or his right to regular compensation was totally reduced

as the result of the application of a disqualification.
Okla. Stat. tit. 40, § 40-75 — OK Code / Title 40 / Section 40-75
Hours of employment of children - Rest periods
Status: in_force

A. No child under the age of sixteen (16) years shall be

employed or permitted to work in any gainful occupation, other than

agriculture or domestic service, for more than:

1. Three (3) hours in any one (1) school day, except that if

the employer is not covered by the Fair Labor Standards Act, a child

may work eight (8) hours or less on a school day which precedes a

nonschool day;

2. Eight (8) hours on a nonschool day;

3. Eighteen (18) hours in any one (1) week when school is in

session; or

4. Forty (40) hours in any one (1) week when school is not in

session, except that if the employer is not covered by the Fair

Labor Standards Act, a child may work forty (40) hours in any one

(1) week when school is in session if attendance is not compulsory.

B. As used in this section, "in session" means the period

beginning on the first Tuesday after Labor Day through May 31 of the

following year.

C. Children under the age of sixteen (16) years must be

permitted a one (1) hour cumulative rest period for each eight (8)

consecutive hours worked. However, no such child shall work more

than five (5) consecutive hours unless permitted a one-half (1/2)

hour cumulative rest period.

R.L. 1910, § 3732. Amended by Laws 1991, c. 172, § 4, eff. Sept. 1,

1991; Laws 1993, c. 137, § 1, eff. Sept. 1, 1993; Laws 1997, c. 391,

§ 8, eff. July 1, 1997.
Okla. Stat. tit. 40, § 40-46 — OK Code / Title 40 / Section 40-46
Refusal of service to employer not fulfilling contracts
Status: in_force

Any court of competent jurisdiction, after having determined

that any employer in this state is not fulfilling contracts made

through employment agents, may order all employment agents in the

state to refuse further service to such employer.
Okla. Stat. tit. 40, § 40-3-302 — OK Code / Title 40 / Section 40-3-302
Collections
Status: in_force

COLLECTIONS. A. If any employer defaults in any payment of

contributions, interest, penalty or fees thereon, the amount due may

be collected by civil action in the name of the State of Oklahoma.

Civil actions brought under this section to collect contributions,

interest, penalty or fees thereon from an employer shall be heard by

the court at the earliest possible date and shall be entitled to

preference upon the calendar of the court over all other civil

actions except petitions for judicial review under this act.

B. The courts of this state shall in like manner entertain

actions to collect contributions, interest, penalty or fees thereon

for which liability has accrued under the unemployment compensation

law of any other state or of the federal government.

C. No suit, including an action for a declaratory judgment,

shall be maintained and no writ or process shall be issued by any

court of this state which has the purpose or effect of restraining,

delaying, or forestalling the collection of any contributions,

interest, penalties and fees under this act or substituting any

collection procedure for those prescribed in this act.
Okla. Stat. tit. 40, § 40-404 — OK Code / Title 40 / Section 40-404
Removal or damage of safeguards - Failure to obey safety
Status: in_force

orders.

No employee shall willfully remove, displace, damage, destroy or

carry off any safety device or safeguard furnished or provided for

use in any employment or place of employment, or interfere in any

way with the use thereof by any other person. No employee or agent

of employees shall interfere with the use of any method or process

adopted for the protection of any employee in such employment or

place of employment, or of any other person lawfully within such

place of employment, or fail to follow and obey orders necessary to

protect the life, health and safety of such employees and any other

person lawfully within such place of employment.
Okla. Stat. tit. 40, § 40-4-901 — OK Code / Title 40 / Section 40-4-901
Oklahoma Employment Security Commission Revolving Fund
Status: in_force

Oklahoma Statutes - Title 40. Labor Page 184

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Employment Security Commission, to be designated

the "Oklahoma Employment Security Commission Revolving Fund". The

revolving fund shall consist of all penalties and interest received

by the Oklahoma Employment Security Commission. Said revolving fund

shall be a continuing fund, not subject to fiscal year limitations

and shall not be subject to legislative appropriation. Expenditures

from said revolving fund shall be made pursuant to the laws of this

state and the statutes relating to the Oklahoma Employment Security

Commission and shall be for administration expenses of the Oklahoma

Employment Security Commission and for any other purpose which the

Legislature directs. Warrants for expenditures from said fund shall

be drawn by the State Treasurer, based on claims signed by an

authorized employee or employees of the Oklahoma Employment Security

Commission and approved for payment by the Director of the Office of

Management and Enterprise Services.
Okla. Stat. tit. 40, § 40-2-718 — OK Code / Title 40 / Section 40-2-718
Public announcement of extended benefit period
Status: in_force

PUBLIC ANNOUNCEMENT OF EXTENDED BENEFIT PERIOD. Whenever an

extended benefit period is to become effective in this state, as a

result of a state "on" indicator, or an extended benefit period is

to be terminated in this state as a result of state "off"

indicators, the Commission shall make an appropriate public

announcement.
Okla. Stat. tit. 40, § 40-558 — OK Code / Title 40 / Section 40-558
Licensing of testing facilities - Fees - Administrative
Status: in_force

fines.

A. On and after July 1, 1994, no testing facility shall provide

laboratory services to an employer to test for the presence or

absence of drugs or alcohol unless it meets the qualifications

established for testing facilities pursuant to Section 7 of this act

and is licensed by the State Department of Health to perform such

tests. The State Board of Health shall promulgate rules relating to

the issuance of such license, including rules governing license

revocation, suspension and nonrenewal.

B. The fees for licensure of testing facilities by the State

Department of Health shall be set by the State Board of Health and

shall not be more than One Hundred Fifty Dollars ($150.00) annually.

C. Any testing facility providing laboratory services to an

employer to test for the evidence of drugs or alcohol which is not

licensed by the State Department of Health pursuant to this section

shall be subject to an administrative fine of not more than Five

Hundred Dollars ($500.00) for each offense. Each test performed by

the unlicensed testing facility in violation of this section shall

constitute a separate offense.
Okla. Stat. tit. 40, § 40-195.1 — OK Code / Title 40 / Section 40-195.1
Discrimination prohibited in public work contracts
Status: in_force

All contracts of the State of Oklahoma for the construction of

public works shall contain, and be construed as containing, a clause

providing that discrimination by reason of race, creed or color will

not be practiced by the contractor in employment of those who

furnish labor or materials, nor will it be permitted by the

department or agency procuring the construction of the public work

for which the contract is executed.
Okla. Stat. tit. 40, § 40-2-701 — OK Code / Title 40 / Section 40-2-701
Definitions of terms applicable to extended benefits
Status: in_force

DEFINITIONS OF TERMS APPLICABLE TO EXTENDED BENEFITS. The words

and phrases used in this Part shall, unless the context clearly

requires otherwise, have the meanings prescribed in this part.
Okla. Stat. tit. 40, § 40-197.3 — OK Code / Title 40 / Section 40-197.3
Wage and Hour Commission - Membership - Tenure -
Status: in_force

Compensation - Chairman.

A. The Wage and Hour Commission is hereby terminated and all

powers and duties of such Commission are transferred to the

Commissioner of Labor. All personnel, funds, financial obligations

and encumbrances, records, equipment, furniture, fixtures, files and

supplies under the control of the Wage and Hour Commission are

transferred to the Commissioner of Labor as of the effective date of

this act.

B. The Commissioner of Labor shall establish, pursuant to this

act, such standards of wages and conditions of labor for employees

within the State of Oklahoma as shall be reasonable and not

detrimental to health and morals.
Okla. Stat. tit. 40, § 40-5-102 — OK Code / Title 40 / Section 40-5-102
False statement for benefits, failure to disclose
Status: in_force

material fact.

FALSE STATEMENT FOR BENEFITS, FAILURE TO DISCLOSE MATERIAL FACT.

A. Whoever makes a false statement or representation knowing it

to be false or knowingly fails to disclose a material fact, to

obtain or increase any benefit or other payment under this act or

under the unemployment compensation law of any state or of the

federal government, either for the individual or for any other

person, shall, upon conviction, be guilty of a misdemeanor and shall

be punished by a fine of not less than Fifty Dollars ($50.00) nor

more than Five Hundred Dollars ($500.00), or by imprisonment for not

more than ninety (90) days, or by both such fine and imprisonment;

and each such false statement or representation or failure to

disclose a material fact shall constitute a separate offense for

each week of benefits.

B. If a person is convicted of the crime described in

subsection A of this section in a particular benefit year, and in

any subsequent benefit year that person again commits the crime

described in subsection A of this section, that person shall be

guilty of a misdemeanor and shall be punished by a fine of not less

than One Hundred Dollars ($100.00) nor more than One Thousand

Dollars ($1,000.00), or by imprisonment for not more than one

Oklahoma Statutes - Title 40. Labor Page 185

hundred eighty (180) days, or by both fine and imprisonment. Each

such false statement or representation or failure to disclose a

material fact shall constitute a separate offense for each week of

benefits.

C. Upon conviction sentences may be suspended or upon a plea of

guilty judgment and sentencing may be deferred only upon the

condition of full restitution to the Commission of all benefits so

obtained or the excess of any benefits so increased.
Okla. Stat. tit. 40, § 40-141.16 — OK Code / Title 40 / Section 40-141.16
Fees - Department of Labor Revolving Fund
Status: in_force

A. The Commissioner of Labor may promulgate rules establishing

a schedule of administrative fees for the registration, inspection

and operation of boilers, pressure vessels and steam lines. The

following fees shall remain in effect until rules become effective,

at which time the fees contained in this subsection shall be

superseded by rule. Fees collected by the Department of Labor for

the registration, inspection and operation of boilers, pressure

vessels and steam lines shall be deposited as provided in subsection

C of this section.

1. a. Annual certificate of operation fee shall be as

follows:

(1) with manway state inspector $75.00

(2) without manway state inspector $50.00

(3) any size special - or owner/user

inspector $50.00

(4) each public hot water supply heater

(biennially) $5.00

(5) each public boiler

inspection/certification $25.00

b. Only one certificate of operation fee per year may be

charged; except an additional fee equal to the

certificate of operation fee may be charged for

witnessing a hydrostatic test required after repairs,

provided a fee equal to the total fees identified in

Oklahoma Statutes - Title 40. Labor Page 224

division (1) or (2) of subparagraph a of this

paragraph, whichever is appropriate, and subparagraph

f of paragraph 2 of this subsection may be charged

when the pressure-retaining item is not prepared and

ready pursuant to rules promulgated by the

Commissioner of Labor at the time of the inspection.

2. Other Fees

a. hydrostatic test of steam pipeline per

day $150.00

(for each additional half-day or part

thereof) $75.00

b. shop review fees $3,000.00

c. licensing fees

(1) repair, service, install (annually) $50.00

(2) boiler operator (biennially) $50.00

d. certificate of competency fee $15.00

e. examination fee $50.00

f. boiler or pressure vessel inspection

fee for certificate inspections by

state inspectors $155.00

g. authorized inspector services for weld

repairs or alterations, per eight-hour

day or part thereof $300.00

h. a fee as established by rule may be

assessed for the issuance of duplicate

licenses and certificates, not to

exceed $10.00

B. All institutions owned or operated by the State of Oklahoma

or its agencies or by any county, municipality or school district,

and such institutions or agencies, and all owners or users of

boilers or pressure vessels of historical significance as specified

in subsection D of Section 141.5 of this title are exempt from the

payment of only those fees provided for in paragraph 2 of subsection

A of this section.

C. The Commissioner shall account for and deposit fee revenue

received pursuant to this section to the credit of the Department of

Labor Revolving Fund, except Two Hundred Fifty-four Thousand Two

Hundred Sixty-five Dollars ($254,265.00) of the fee revenue received

each fiscal year shall be transferred to the State Treasury to the

credit of the General Revenue Fund.

D. All fees shall be paid directly to the Department of Labor.
Okla. Stat. tit. 40, § 40-2-408 — OK Code / Title 40 / Section 40-2-408
Suitable work
Status: in_force

SUITABLE WORK.

(1) In determining whether or not any work is suitable for an

individual, there shall be considered among other factors and in

addition to those enumerated in Section 2-409 the length of his

unemployment, his prospects for obtaining work in his customary

occupation, the distance of available work from his residence and

prospects for obtaining local work.

(2) Suitable work shall be defined as employment in an

occupation in keeping with the individual's prior work experience,

education or training, or having no prior work experience, special

education or training for occupations available in the general area

Oklahoma Statutes - Title 40. Labor Page 68

then, employment for which the individual would have the physical

and mental ability to perform.

(3) Upon receipt of fifty percent (50%) of his benefits,

suitable work shall not be limited to his customary or registered

occupation.

(4) If the majority of the weeks of work in an individual's

base period includes part-time work, the individual shall not be

denied unemployment benefits under any provisions of this act

relating to availability for work, active search for work, or

failure to accept work, solely because the individual is seeking

only part-time work. The phrase "seeking only part-time work", as

used in this subsection, means the individual claiming unemployment

benefits is available for a number of hours per week that are

comparable to the individual’s part-time work experience in the base

period.