Okla. Stat. tit. 40, § 40-2-617 — OK Code / Title 40 / Section 40-2-617
Warrant of levy and lien
Status: in_force

WARRANT OF LEVY AND LIEN.

A. If the notice of overpayment determination issued pursuant

to Section 2-616 of this title becomes final due to a lack of appeal

or if the determination is affirmed on appeal, and if the amount due

is not paid within ninety (90) days of the date that the

determination becomes final, then the Oklahoma Employment Security

Commission may issue a warrant of levy and lien under its official

seal, which shall state the name and Social Security number of the

debtor and list the amount of indebtedness with interest. The

warrant of levy and lien shall be for all purposes the equivalent of

a judgment of a court of record.

Oklahoma Statutes - Title 40. Labor Page 90

B. The Commission may file a copy of the warrant of levy and

lien with the county clerk of the county or counties in which the

individual has property and thereupon the county clerk shall index

the warrant of levy and lien in the same manner as judgments using

the name of the individual named in the warrant of levy and lien,

indicating that it is due to an overpayment of unemployment

insurance benefits, showing the amount due with interest, the date

upon which the warrant of levy and lien was filed, and shall index

the warrant of levy and lien against the real property described

therein, if any is described. If the county clerk charges a fee for

the filing of the warrant of levy and lien, the Commission may add

the amount of the fee to the indebtedness owing by the individual

named in the warrant of levy and lien.

C. The filing of the notice in the office of the county clerk

of the county in which the individual resides shall constitute and

be evidence and notice of the state's lien upon the title to any

interest in any real or personal property of the individual named in

the notice. The lien shall be in addition to any and all other

liens existing in favor of the state to secure the payment of any

unpaid indebtedness, interest, penalty, fees and costs, and the lien

shall be paramount and superior to all other liens of whatsoever

kind or character, attaching to any of the property subsequent to

the date of the recording and shall be in addition to any other lien

provided for in this act. This lien shall be permanent and

continuing without any requirement for executions under Section 735

of Title 12 of the Oklahoma Statutes or any other similar statute.

This lien shall continue on personal property of the individual

until the amount of the indebtedness, interest, fees and costs are

paid. This lien shall continue on real property until released by

payment or for a maximum of ten (10) years after the date of its

filing.

D. The Commission may file a copy of the notice with the court

clerk in the county in which the individual is employed or resides,

and it shall be filed in the same manner as a judgment of a court of

record for the purpose of pursuing any post-judgment collection

procedure that is deemed appropriate. The Commission may send the

notice to the sheriff in a county in which the individual owns real

or personal property for execution. Upon receiving the notice, the

sheriff shall proceed to execute the notice in all respects and with

like effect and in same manner prescribed by law in respect to

executions against property upon judgment of the court of record;

and the sheriff shall execute and deliver to the purchaser a bill of

sale or deed, as the case may be. Any purchaser, other than the

state, shall be entitled, upon application to the court having

jurisdiction of the property, to have confirmation (the procedure

for which shall be the same as is now provided for the confirmation

of a sale under execution) of the sale prior to the issuance of a

Oklahoma Statutes - Title 40. Labor Page 91

bill of sale or deed. The state shall be authorized to make bids at

any such sale to the amount of indebtedness, interest, costs, and

fees accrued. In the event the bid of the state is successful, the

sheriff shall issue a proper muniment of title to the Commission,

and the Commission shall hold the title for the use and benefit of

the state. The state may sell any property obtained in this manner

through the procedures available for the sale of excess property of

the state. Any money received by the Commission through the sale of

property in this manner shall be credited against the indebtedness

of the individual. The sheriff shall be entitled to the same fee

for executing the notice as the sheriff would be entitled to receive

if executing an execution issued by the court clerk of the county

upon a judgment of a court of record.
Okla. Stat. tit. 40, § 40-1-107 — OK Code / Title 40 / Section 40-1-107
Construction against implicit repeal
Status: repealed

CONSTRUCTION AGAINST IMPLICIT REPEAL. This act being a general

act intended as a unified coverage of its subject matter, no part of

it shall be deemed to be impliedly repealed by subsequent

legislation if such construction can reasonably be avoided.
Okla. Stat. tit. 40, § 40-2-210 — OK Code / Title 40 / Section 40-2-210
Separation from work due to compelling family
Status: in_force

circumstances.

In addition to the eligibility provisions provided by this act,

an individual shall be eligible to receive unemployment benefits, if

monetarily and otherwise eligible, if the claimant was separated

from work due to compelling family circumstances. For purposes of

this section:

1. "Immediate family member" means the claimant's spouse,

parents and dependent children;

2. "Illness" means a verified illness which necessitates the

care of the ill person for a period of time longer than the employer

is willing to grant paid or unpaid leave;

3. "Disability" means a verified disability which necessitates

the care of the disabled person for a period of time longer than the

employer is willing to grant paid or unpaid leave. Disability

encompasses all types of disability, including:

a. mental and physical disabilities,

b. permanent and temporary disabilities, and

c. partial and total disabilities; and

4. "Compelling family circumstances" means:

a. if the claimant was separated from employment with the

employer because of the illness or disability of the

claimant and, based on available information, the

Oklahoma Employment Security Commission finds that it

was medically necessary for the claimant to stop

working or change occupations,

b. the claimant was separated from work due to the

illness or disability of an immediate family member,

c. if the spouse of the claimant was transferred or

obtained employment in another city or state, and the

family is required to move to the location of that job

that is outside of commuting distance from the prior

employment of the claimant, and the claimant separates

from employment in order to move to the new employment

location of the spouse,

d. if the claimant separated from employment due to

domestic violence or abuse, verified by any reasonable

evidence, which causes the individual to reasonably

believe that the individual's continued employment

would jeopardize the safety of the individual or of

any member of the individual's immediate family, or

e. if the claimant separated from employment to move with

the claimant's spouse to a new location, and if the

spouse of the claimant:

Oklahoma Statutes - Title 40. Labor Page 60

(1) was a member of the U.S. Military, the U.S.

Military Reserve, or the National Guard,

(2) was on active duty within ninety (90) days of the

date of discharge,

(3) has a service-connected disability,

(4) was discharged under honorable conditions from

the military service, and

(5) takes up residence at a location more than fifty

(50) miles away from the claimant's former

employer for the purpose of reentering civilian

life.
Okla. Stat. tit. 40, § 40-3-602 — OK Code / Title 40 / Section 40-3-602
State Treasurer custodian of fund
Status: in_force

STATE TREASURER CUSTODIAN OF FUND. The State Treasurer shall be

ex officio the treasurer and custodian of the fund who shall

administer such fund in accordance with the directions of the

Commission and shall issue his warrants upon it in accordance with

such rules as the Commission shall prescribe.
Okla. Stat. tit. 40, § 40-4-608 — OK Code / Title 40 / Section 40-4-608
Reed Act distributions
Status: in_force

REED ACT DISTRIBUTIONS.

A. Monies credited to the account of this state in the

Unemployment Trust Fund, described in Section 3-605 of this title,

by the Secretary of the Treasury of the United States pursuant to 42

U.S.C., Section 1103, may be used for the payment of unemployment

benefits to qualified claimants in this state, or may be

appropriated by the Legislature following the procedure set out in

42 U.S.C., Section 1103 (c)(2), for the administration of the

unemployment compensation law and public employment offices in this

state.

B. Monies credited to the account of this state in the

Unemployment Trust Fund, described in Section 3-605 of this title,

by the Secretary of the Treasury of the United States pursuant to 42

U.S.C., Section 1103, with respect to federal fiscal years 1999,

2000, and 2001, shall be used solely for the administration of the

Unemployment Compensation Program in this state.
Okla. Stat. tit. 40, § 40-416 — OK Code / Title 40 / Section 40-416
Establishment of staff - Duties
Status: in_force

The Commissioner shall establish within the Department an

experienced and competent staff to discharge the duties and

responsibilities provided in Sections 13 through 17 of this act.
Okla. Stat. tit. 40, § 40-47 — OK Code / Title 40 / Section 40-47
Bringing in or transferring persons for purpose of
Status: in_force

employment through employment agency.

Every person, company, corporation or association doing business

in this state, who shall have persons brought into this state or

transferred from one point to another within the state, for the

purpose of employment through or by means of any employment agency

operating in this or any other state, shall immediately fulfill the

terms of the contract made between such persons shipped in for the

purpose of employment and the employment agency, or shall, within

twelve (12) hours after the arrival of such persons desiring

employment, in case of failure or refusal to furnish such employment

provide such persons with transportation to their original starting

point, and such meals and lodging as may be necessary for the proper

sustenance of such persons until they arrive at their destination.

Failure to comply with this section shall subject the offending

parties to a fine of not less than Fifty Dollars ($50.00), nor more

than One Hundred Dollars ($100.00) for each offense.
Okla. Stat. tit. 40, § 40-166 — OK Code / Title 40 / Section 40-166
Conspiracy
Status: in_force

No agreement, combination or contract by or between two or more

persons to do or procure to be done, or not to do or procure not to

be done, any act in contemplation or furtherance of any trade

dispute between employers and employees, shall be deemed criminal,

nor shall those engaged therein be indictable or otherwise

punishable for the crime of conspiracy, if such act committed by one

person would not be punishable as a crime, nor shall such agreement,

combination or contract be considered as in restraint of trade or

commerce, nor shall any restraining order or injunction be issued

with relation thereto. Nothing in this article, shall exempt from

punishment otherwise than is herein excepted, any person guilty of

conspiracy for which punishment is provided by any other law of the

state, but such other law shall, as to the agreement, combination

and contracts heretofore referred to, be construed as if this

article, was therein contained: Provided, that nothing in this

article, shall be construed to authorize force or violence.
Okla. Stat. tit. 40, § 40-165.6 — OK Code / Title 40 / Section 40-165.6
Contractors as employers
Status: in_force

Whenever any person herein called the contractor shall contract

with another for the performance of any work which the contractor

has undertaken to perform, the contractor shall be deemed an

employer and shall become civilly liable to employees engaged in

performance of work under such contract for the payment of wages

(but not for the payment of liquidated damages) as required by

Sections 2 and 4 of this act whenever and to the extent that the

employer of such employees fails to pay such wages; provided,

however, that the employer of such employees shall be liable to the

contractor for wages paid to such employees by the contractor under

this section.
Okla. Stat. tit. 40, § 40-3-505 — OK Code / Title 40 / Section 40-3-505
Failure of sheriff to execute warrant
Status: in_force

FAILURE OF SHERIFF TO EXECUTE WARRANT. If any sheriff shall

refuse or neglect to levy upon and sell any real or personal

property of any delinquent employer as directed by any warrant

issued by the Commission, or shall refuse or neglect, on demand, to

pay over to the Commission, its representatives or attorneys, all

moneys by him collected or received under any warrant issued by the

said Commission, at any time after collecting or receiving the same,

such sheriff or other officer shall, upon motion of the Commission

in court, and after thirty (30) days' notice thereof, in writing, be

amerced in the amount for which any such warrant was issued,

together with all penalties and costs and with an additional penalty

of ten percent (10%) thereon, to and for the use of the State of

Oklahoma. Every surety of any sheriff or officer shall be made a

party to the judgment rendered as aforesaid against the sheriff or

other officer.
Okla. Stat. tit. 40, § 40-2-714 — OK Code / Title 40 / Section 40-2-714
Extended benefits
Status: in_force

Oklahoma Statutes - Title 40. Labor Page 98

EXTENDED BENEFITS. Except when the result would be inconsistent

with the other provisions of this section, as provided in the rules

of the Commission, the provisions of this act which apply to claims

for, or the payment of, regular benefits shall apply to claims for,

and the payment of, extended benefits including, but not limited to,

claim filing, claimant reporting and registration, information to

claimants, notices to claimants of their weekly and total extended

benefit amounts determinations, redeterminations, appeals and

review, week for which benefits are paid, disqualifications and

eligibility requirements, but excluding those provisions which apply

to any waiting period, monetary qualifying or requalifying

requirements and the computation of weekly and total amounts of

regular benefits.
Okla. Stat. tit. 40, § 40-4-305 — OK Code / Title 40 / Section 40-4-305
Official seal
Status: in_force

OFFICIAL SEAL. The Commission shall have an official seal which

shall be judicially noticed.
Okla. Stat. tit. 40, § 40-460.3 — OK Code / Title 40 / Section 40-460.3
Rules regarding use of signage – Definition of “sign”
Status: in_force

A. Pursuant to the authority granted to the Commissioner of

Labor under Section 460 of Title 40 of the Oklahoma Statutes to

promulgate rules for the safe installation, repair, maintenance,

use, operation, and inspection of all amusement rides necessary for

the protection of the general public using amusement rides, the

Commissioner of Labor shall promulgate rules regarding the use of

signage concerning amusement rides.

B. Rules promulgated pursuant to subsection A of this section

shall include the following language:

1. An amusement ride owner shall display signs indicating the

applicable safety responsibilities of riders as set forth by the

Commissioner of Labor and the location of stations to report

injuries. The signs must be located at:

a. each station for reporting an injury,

b. each first aid station, and

c. at each premises entrance and exit;

2. An amusement ride owner shall post a sign at each amusement

ride that includes:

a. operational instruction, if any,

b. safety guidelines for rider, if any,

c. restrictions of the use of the amusement ride, if any,

d. behavior or activities that are prohibited, if any,

and

e. a legend providing that "State law requires riders to

obey all warnings and directions for this ride and

behave in a manner that will not cause or contribute

to injuring themselves or others. Failure to comply

is punishable by fine and imprisonment.";

3. Any sign required by this rule must be prominently displayed

at a conspicuous location, clearly visible to the public and bold

and legible in design; and

Oklahoma Statutes - Title 40. Labor Page 296

4. As used in this rule, "sign" means any symbol or language

reasonably calculated to communicate information to a rider or the

parent or guardian of a rider, including placards, prerecorded

messages, live public address, stickers, pictures, video, verbal

information, and visual signals.
Okla. Stat. tit. 40, § 40-3-405 — OK Code / Title 40 / Section 40-3-405
Deposit of assessment required
Status: in_force

DEPOSIT OF ASSESSMENT REQUIRED.

As a condition precedent to the right of an employer to

prosecute an appeal, and as a jurisdictional prerequisite of the

district court to entertain the appeal, it is specifically provided

that, if the appeal be from an order, judgment, finding, or ruling

of the Oklahoma Employment Security Commission or its duly

authorized representative, the employer shall pay to the Commission

all amounts owing in the employer’s account. Any amounts so paid

shall, pending the final determination of the appeal, be reflected

by the Commission in the employer’s account, and if, upon a final

determination of the appeal the order of the Commission is reversed

or modified and it is determined that the contribution or part

thereof was erroneously assessed, or the contributions, penalties,

Oklahoma Statutes - Title 40. Labor Page 143

interest or fees should not be owed to the Commission, the amount

paid by the employer shall be refunded to the employer by the

Commission.
Okla. Stat. tit. 40, § 40-79 — OK Code / Title 40 / Section 40-79
Age and schooling certificates - Proof of age
Status: in_force

The age and schooling certificate shall be approved by the

principal, headmaster, or equivalent administrative officer of the

school which the child attends or should be attending or by one of

the child's parents if the child is being schooled at home, who

shall, for the purpose of this article, be empowered to administer

an oath. The principal, headmaster, or equivalent administrative

officer of the school which the child attends or should be attending

or by one of the child's parents if the child is being schooled at

home, shall approve such certificate only upon the application in

person of the child desiring employment accompanied by its parents,

guardian or custodian, and after having received, examined and

approved documentary evidence of age, showing that the child is

fourteen (14) years of age, or over, which evidence shall consist of

one of the following named proofs of age, duly attested, and the

proof accepted shall be specified in the certificate issued to the

child; the proof specified in subdivision (a) shall be required

first, but if this is not available then one of the proofs specified

in the succeeding subdivisions shall be required and in the order

designated until the age of the child be established, as follows:

(a) A birth certificate or transcript thereof issued by a

registrar of vital statistics or other officer charged with the duty

of recording births which certificate or transcript thereof shall be

prima facie evidence of the age of the child.

Oklahoma Statutes - Title 40. Labor Page 205

(b) A certificate of baptism or transcript thereof, showing the

date of birth and place of baptism of the child.

(c) A passport showing the age of the child; or a certificate

of arrival in the United States, issued by the United States

immigration officer and showing the age of the child; or a life

insurance policy at least one (1) year old showing the age of the

child or other credible evidence as may be approved by the

Commissioner.

Every employment certificate shall be signed, in the presence of

the officer issuing the same by the child in whose name it is

issued.
Okla. Stat. tit. 40, § 40-3-406 — OK Code / Title 40 / Section 40-3-406
Bond in lieu of cash deposit
Status: in_force

BOND IN LIEU OF CASH DEPOSIT. In lieu of the cash payment

provided for in Section 3-405 of this title, the employer may file

with the Commission a surety bond issued by an insurance company

that is licensed by the Oklahoma Insurance Department to issue

surety bonds in this state. The surety bond must be issued in an

amount that is double the amount of the contribution, penalties,

interest and fees assessed or owing, and include the conditions that

the employer will faithfully and diligently prosecute the appeal to

a final determination, and, in the event the order, judgment, ruling

or finding of the Commission or its duly authorized representative

be affirmed on appeal, will pay the contributions, interest,

penalty, costs and fees assessed against, or owing by, the employer.
Okla. Stat. tit. 40, § 40-1-214 — OK Code / Title 40 / Section 40-1-214
Institution of higher education
Status: in_force

INSTITUTION OF HIGHER EDUCATION. "Institution of higher

education" means an educational institution which:

(1) Admits as regular students only individuals having a

certificate of graduation from a high school, or the recognized

equivalent of such certificate;

(2) Is legally authorized in this state to provide a program of

education beyond high school;

(3) Provides an educational program for which it awards a

bachelor's or higher degree, or provides a program which is

acceptable for full credit toward such degree, a program of

postgraduate or postdoctoral studies, or a program of training to

prepare students for gainful employment in a recognized occupation;

and

(4) Is a public or other nonprofit institution.

Notwithstanding any of the foregoing provisions of this

subsection, all colleges and universities in this state are

institutions of higher education for purposes of this section.
Okla. Stat. tit. 40, § 40-1-104 — OK Code / Title 40 / Section 40-1-104
Saving clause
Status: in_force

SAVING CLAUSE. A. The Legislature reserves the right to amend

or repeal all or any part of the Employment Security Act at any time

and there shall be no vested private right of any kind against such

amendment or repeal. All the rights, privileges, or immunities

conferred by the Employment Security Act, or by acts done pursuant

thereto, shall exist subject to the power of the Legislature to

amend or repeal the Employment Security Act at any time.

B. If any provision of the Employment Security Act necessary

for certification for administrative grants under the Social

Security Act or tax credits under the Federal Unemployment Tax Act

are determined to be inconsistent with federal requirements by a

delegate of the Secretary of Labor, the Commission, with the

concurrence of the Oklahoma Attorney General, is authorized to

administer such provisions consistently with federal requirements

until the Legislature has an opportunity to enact appropriate

legislation during its next regularly scheduled session.
Okla. Stat. tit. 40, § 40-4-313 — OK Code / Title 40 / Section 40-4-313
Commission to cooperate and comply with federal law
Status: in_force

COMMISSION TO COOPERATE AND COMPLY WITH FEDERAL LAW. In the

administration of this act the Oklahoma Employment Security

Commission shall cooperate to the fullest extent consistent with the

provisions of this act, with the Social Security Act, as amended,

and is authorized and directed to take such action, through the

adoption of appropriate rules, administrative methods and standards,

as may be necessary to secure to this state and its citizens all

advantages available under the provisions of such act, under the

provisions of Sections 1602 and 1603 of the Federal Unemployment Tax

Act and under the provisions of the Act of Congress entitled "An Act

to provide for the establishment of a national employment system and

for cooperation with States in the promotion of such system, and for

other purposes", approved June 6, 1933, as amended. The Commission

shall comply with the regulations of the Secretary of Labor relating

to the receipt or expenditure by this state of monies granted under

any of such acts and shall make such reports, in such form and

containing such information as the Secretary of Labor may from time

to time require, and shall comply with such provisions as the

Secretary of Labor may from time to time find necessary to assure

the correctness and verification of such reports.

Oklahoma Statutes - Title 40. Labor Page 167

The Commission may afford reasonable cooperation with every

agency of the United States charged with the administration of any

unemployment insurance law.
Okla. Stat. tit. 40, § 40-2-104 — OK Code / Title 40 / Section 40-2-104
Computation of benefit amount
Status: in_force

COMPUTATION OF BENEFIT AMOUNT.

Oklahoma Statutes - Title 40. Labor Page 49

A. The weekly benefit amount of an individual shall be an

amount equal to one twenty-third (1/23) of the taxable wages paid to

the individual during that quarter of his base period in which the

taxable wages were highest. If the amount is more than the maximum

weekly benefit amount, it shall be reduced to the maximum weekly

benefit amount or if the amount is less than Sixteen Dollars

($16.00), it shall be increased to Sixteen Dollars ($16.00).

B. The maximum weekly benefit amount shall be:

1. Sixty percent (60%) of the average weekly wage of the second

preceding calendar year during any calendar year in which the

balance in the Unemployment Compensation Fund is in excess of the

amount required to initiate conditional contribution rates, pursuant

to the provisions of Section 3-113 of this title;

2. Fifty-seven and one-half percent (57.5%) of the average

weekly wage of the second preceding calendar year during calendar

years in which condition "a", as set forth in paragraph (1) of

Section 3-113 of this title, exists;

3. Fifty-five percent (55%) of the average weekly wage of the

second preceding calendar year during calendar years in which

condition "b", as set forth in paragraph (2) of Section 3-113 of

this title, exists;

4. Fifty-two and one-half percent (52.5%) of the average weekly

wage of the second preceding calendar year during calendar years in

which condition "c", as set forth in paragraph (3) of Section 3-113

of this title, exists; and

5. Fifty percent (50%) of the average weekly wage of the second

preceding calendar year during calendar years in which condition

"d", as set forth in paragraph (4) of Section 3-113 of this title,

exists.

C. Before the last day of June of each year the Commission

shall determine the average weekly wage of the preceding calendar

year in the following manner:

1. The sum of the total monthly employment reported for the

calendar year shall be divided by twelve (12) to determine the

average monthly employment;

2. The sum of the total wages reported for the previous

calendar year shall be divided by the average monthly employment to

determine the average annual wage; and

3. The average annual wage shall be divided by fifty-two (52)

to determine the average weekly wage.
Okla. Stat. tit. 40, § 40-196.5 — OK Code / Title 40 / Section 40-196.5
Unconstitutional – Repealed
Status: repealed

NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.

1991, §§ 196.1 through 196.14) was held unconstitutional in the case

of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,

Okla., 918 P.2d 26 (1995).

NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,

2015.
Okla. Stat. tit. 40, § 40-2-206 — OK Code / Title 40 / Section 40-2-206
Waiting period
Status: in_force

WAITING PERIOD. The unemployed individual must have been

unemployed for a waiting period of one (1) week. No week shall be

counted as a week of unemployment for the purposes of this section:

(1) Unless it occurs within the benefit year which includes the

week with respect to which he claims payment of benefits;

(2) If benefits have been paid with respect thereto;

(3) Unless the individual was eligible for benefits with respect

thereto.
Okla. Stat. tit. 40, § 40-2-604 — OK Code / Title 40 / Section 40-2-604
Hearing
Status: in_force

HEARING. The appeal referee to whom the appeal is assigned,

after affording the parties reasonable opportunity for a fair

hearing, shall make findings and conclusions, and on the basis

thereof affirm, modify, or reverse such determination; provided,

however, that whenever an appeal involves a question as to whether

services were performed by claimant in employment or for an

employer, or as to amount of wages reported by an employer for

claimant, the tribunal referee shall give special notice of such

issue and of the pendency of the appeal by mail to the employer and

to the Commission, both of whom shall thenceforth be parties to the

proceeding and be afforded a reasonable opportunity to adduce

evidence bearing on such questions; provided, that any party who

enters an appearance before the tribunal referee waives the

requirement of special notice by mail.
Okla. Stat. tit. 40, § 40-435 — OK Code / Title 40 / Section 40-435
Break time and accommodations for expressing milk or
Status: in_force

breast-feeding.

A. 1. An employer other than a state agency may provide

reasonable unpaid break time each day to an employee who needs to

breast-feed or express breast milk for her child to maintain milk

supply and comfort. The break time, if possible, shall run

concurrently with any break time, paid or unpaid, already provided

to the employee. An employer is not required to provide break time

under this section if to do so would create an undue hardship on the

operations of the employer.

2. Every state agency shall allow an employee who is lactating

reasonable paid break time each day to use the designated lactation

room for the purpose of maintaining milk supply and comfort.

B. An employer may make a reasonable effort to provide a

private, secure, and sanitary room or other location in close

proximity to the work area, other than a toilet stall, where an

employee can express her milk or breast-feed her child.

C. The Department of Health shall issue periodic reports on

breast-feeding rates, complaints received, and benefits reported by

both working breast-feeding mothers and employers.

D. As used in this section:

1. "Employer" means a person engaged in business who has one or

more employees, including the state and any political subdivision of

the state;

2. "Employee" means any person engaged in service to an

employer in the business of the employer;

3. "Reasonable" means any effort that would not impose an undue

hardship on the operation of the employer's business; and

4. "Undue hardship" means any action that requires significant

difficulty or expense when considered in relation to factors such as

the size of the business, its financial resources, and the nature

and structure of its operation.
Okla. Stat. tit. 40, § 40-2-106 — OK Code / Title 40 / Section 40-2-106
Maximum benefit amount
Status: in_force

MAXIMUM BENEFIT AMOUNT.

Oklahoma Statutes - Title 40. Labor Page 51

On January 1, 2023, an otherwise eligible individual shall be

entitled during any benefit year to a total amount of benefits equal

to whichever is the lesser of:

1. a. If prior to January 1, 2023, twenty-six (26) times the

weekly benefit amount of the individual,

b. If between January 1, 2023, and January 1, 2025,

sixteen (16) times the weekly benefit amount of the

individual, or

c. If after January 1, 2025, between sixteen (16) and

twenty (20) times the weekly benefit amount dependent

upon the state's average unemployment insurance claims

pursuant to Section 3 of this act;

2. The applicable percentage of the state's average annual wage

for the second preceding calendar year as determined by the Oklahoma

Employment Security Commission, rounded to the nearest multiple of

One Hundred Dollars ($100.00). The applicable percentage is

determined by the conditional factor in place during the calendar

year in which the individual files for benefits. The conditional

factor is determined pursuant to the provisions of Section 3-113 of

this title. The applicable percentages for this paragraph are as

follows:

a. twenty-five percent (25%) during any calendar year in

which the balance in the Unemployment Compensation

Fund is in excess of the amount required to initiate

conditional contribution rates, pursuant to the

provisions of Section 3-113 of this title,

b. twenty-three and three-fourths percent (23.75%) during

calendar years in which condition "a" exists,

c. twenty-two and one-half percent (22.5%) during

calendar years in which condition "b" exists,

d. twenty-one and one-fourth percent (21.25%) during

calendar years in which condition "c" exists, and

e. twenty percent (20%) during calendar years in which

condition "d" exists; or

3. The applicable percentage of the individual's wages for

insured work paid during the base period of the individual. The

applicable percentage is determined by the conditional factor in

place during the calendar year in which the individual files for

benefits. The conditional factor is determined pursuant to the

provisions of Section 3-113 of this title. The applicable

percentages for this paragraph are as follows:

a. fifty percent (50%) during any calendar year in which

the balance in the Unemployment Compensation Fund is

in excess of the amount required to initiate

conditional contribution rates, pursuant to the

provisions of Section 3-113 of this title,

Oklahoma Statutes - Title 40. Labor Page 52

b. forty-seven and one-half percent (47.5%) during

calendar years in which condition "a" exists,

c. forty-five percent (45%) during calendar years in

which condition "b" exists,

d. forty-two and one-half percent (42.5%) during calendar

years in which condition "c" exists, and

e. forty percent (40%) during calendar years in which

condition "d" exists.
Okla. Stat. tit. 40, § 40-165.10 — OK Code / Title 40 / Section 40-165.10
Partial invalidity
Status: in_force

If any provisions of this act, or the application thereof to any

person or circumstance, is held invalid, the remainder of the act,

and the application of such provision to other persons or

circumstances shall not be affected thereby.
Okla. Stat. tit. 40, § 40-903 — OK Code / Title 40 / Section 40-903
Commission membership
Status: in_force

A. The Oklahoma Workforce Commission shall consist of nine (9)

members. The nine members shall be private sector leaders

conducting business in this state:

1. Three members to be appointed by the President Pro Tempore

of the Senate;

Oklahoma Statutes - Title 40. Labor Page 336

2. Three members to be appointed by the Speaker of the House of

Representatives; and

3. Three members to be appointed by the Governor, one of whom

shall be designated by the Governor to serve as chair of the

Commission.

B. The members of the Commission shall be qualified electors of

this state and shall not be employed by any government entity or

have been employed by a government entity within the preceding one-

year period.

C. For the initial appointments of Commissioners, each

appointing authority shall make one appointment for a one-year term,

one appointment for a two-year term, and one appointment for a

three-year term. Thereafter, the terms of the Commissioners shall

be for three (3) years. Commissioners may be appointed to

subsequent terms without limit as to number.

D. Vacancies on the Commission shall be filled for the

unexpired term of office in the same manner as the original

appointment. The appointed members shall serve at the pleasure of

the appointing authorities.

E. In addition to the chair appointed by the Governor, the

Commission may establish and elect additional officers by a majority

vote of the Commissioners. The chair shall preside over meetings of

the Commission and officers shall perform duties as may be required

by the Commission. The first meeting of the Commission shall be

called by the chair no later than sixty (60) days after the

effective date of this act.

F. No member of the Commission shall receive a salary for

duties performed as a member of the Commission; however, members are

eligible to receive reimbursement for expenses and travel

reimbursement as provided for in the State Travel Reimbursement Act.

G. Members serving on the Commission shall be eligible to serve

on any other state board or commission if such member is otherwise

qualified to hold such appointed office, notwithstanding the

provisions of Section 6 of Title 51 of the Oklahoma Statutes.

H. A quorum of five members shall be required to conduct

official business of the Commission.
Okla. Stat. tit. 40, § 40-906 — OK Code / Title 40 / Section 40-906
Oklahoma Workforce Commission Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Workforce Commission to be designated the "Oklahoma

Workforce Commission Revolving Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of all monies received by the Commission from

appropriations, donations, grants, and other sources of funding.

All monies accruing to the credit of said fund are hereby

appropriated and may be budgeted and expended by the Commission for

the purpose of duties imposed upon the Commission by law.

Expenditures from said fund shall be made upon warrants issued by

the State Treasurer against claims filed as prescribed by law with

the Director of the Office of Management and Enterprise Services for

approval and payment.
Okla. Stat. tit. 40, § 40-3-110.1 — OK Code / Title 40 / Section 40-3-110.1
Unemployment tax rate
Status: in_force

UNEMPLOYMENT TAX RATE.

Each employer, unless otherwise prescribed in Section 3-111.1,

3-701 or 3-801 of this title, shall pay unemployment tax as follows:

1. All employers shall have an assigned tax rate of one and

one-half percent (1.5%) until sufficient experience history exists

in the employer's account to meet the At-Risk Rule set out in

paragraph 3 of this section. If the account meets the At-Risk Rule,

the employer will qualify for an earned tax rate calculated pursuant

to the provisions of Part 1 of Article III of the Employment

Security Act of 1980;

2. If an employer qualified for an earned tax rate under

paragraph 1 of this section, or under a prior law, and at the time

the employer's tax rate is being determined for a subsequent year

the employer account lacks sufficient experience history to meet the

At-Risk Rule of paragraph 3 of this section, the employer shall

revert to the assigned tax rate of one and one-half percent (1.5%).

The employer shall pay at the assigned tax rate until the provisions

of paragraph 1 of this section are met; and

3. "At-Risk Rule" means an employer is required to be at-risk

for a claim of unemployment benefits before an earned tax rate is

calculated. An employer shall meet the At-Risk Rule and be eligible

for an earned tax rate if, throughout the calendar year immediately

preceding the year for which the employer's tax rate is being

Oklahoma Statutes - Title 40. Labor Page 122

determined, there was an individual who could have filed a claim for

unemployment benefits in each quarter of that year establishing a

base period, as defined by Section 1-202 of this title, which would

include wages from that employer.
Okla. Stat. tit. 40, § 40-1-218 — OK Code / Title 40 / Section 40-1-218
Wages
Status: in_force

WAGES.

"Wages" means all remuneration for services from whatever

source, including commissions and bonuses and the cash value of all

remuneration in any medium other than cash, and includes dismissal

payments which the employer is required by law or contract to make.

Gratuities customarily received by an individual in the course of

work from persons other than the employing unit shall be treated as

wages received from the employing unit. The reasonable cash value

of remuneration in any medium other than cash, and the reasonable

amount of gratuities, shall be estimated and determined in

accordance with rules prescribed by the Oklahoma Employment Security

Commission. If the Internal Revenue Code, at 26 USCA, Section 1 et

seq., provides that a payment made by an employer to an employee is

considered to be wages, that payment shall also be considered wages

by the Oklahoma Employment Security Commission for the purposes of

this act. The term wages shall not include:

1. The amount of any payment, with respect to services

performed to or on behalf of an individual in its employ under a

plan or system established by an employing unit which makes

provision for individuals in its employ generally, or for a class or

classes of such individuals, including any amount paid by an

employing unit for insurance or annuities, or into a fund to provide

for any such payment, on account of:

a. retirement, other than employee contributions or

deferrals under a qualified plan as described in 26

U.S.C., Section 401(k), 403(b), 408(k), 457, 7701(j)

or 408(p),

b. sickness or accident disability,

c. medical and hospitalization expenses in connection

with sickness or accident disability,

Oklahoma Statutes - Title 40. Labor Page 42

d. death, provided the individual in its employ:

(1) has not the option to receive, instead of

provision for such death benefit, any part of

such payment, or if such death benefit is

insured, any part of the premium or contributions

to premiums paid by the employing unit, and

(2) has not the right, under the provisions of the

plan or system or policy of insurance providing

for such death benefit, to assign such benefit,

or to receive cash consideration in lieu of such

benefit either upon withdrawal from the plan or

system providing for such benefit or upon

termination of such plan or system or policy of

insurance or of the individual's services with

such employing unit, or

e. a bona fide thrift or savings fund, providing:

(1) such payment is conditioned upon a payment of a

substantial sum by such individuals in its

employ, and

(2) that such sum paid by the employing unit cannot

under the provisions of such plan be withdrawn by

an individual more frequently than once in any

twelve-month period, except upon an individual's

separation from that employment;

2. Any payment made to, or on behalf of, an employee or his or

her beneficiary under a cafeteria plan of the type described in 26

U.S.C., Section 125 and referred to in 26 U.S.C., Section

3306(b)(5)(G);

3. Any payment made, or benefit furnished, to or for the

benefit of an employee if at the time of such payment or such

furnishing it is reasonable to believe that the employee will be

able to exclude such payment or benefit from income under an

educational assistance program as described in 26 U.S.C., Section

127 or a dependent care assistance program as described in 26

U.S.C., Section 129 and as referred to in 26 U.S.C., Section

3306(b)(13);

4. The payment by an employing unit, without deduction from the

remuneration of the individual in its employ, of the tax imposed

upon such individual in its employ under 26 U.S.C., Section 3101

with respect to domestic services in a private home of the employer

or for agricultural labor;

5. Dismissal payments which the employer is not required by law

or contract to make;

6. The value of any meals and lodging furnished by or on behalf

of an employer to an individual in its employ; provided the meals

and lodging are furnished on the business premises of the employer

for the convenience of the employer; or

Oklahoma Statutes - Title 40. Labor Page 43

7. Payments made under an approved supplemental unemployment

benefit plan.
Okla. Stat. tit. 40, § 40-462 — OK Code / Title 40 / Section 40-462
Certificate of inspection - Inspections
Status: in_force

A. The Commissioner of Labor shall determine the date and

frequency of inspections based on the type of amusement ride. No

permanent or temporary amusement device may operate without an

initial inspection. On or before a date specified by the

Commissioner of Labor, an operator or owner shall apply for a

certificate of inspection on a form furnished by the Commissioner of

Labor.

B. "Other amusement devices" as defined in Section 461 of this

title shall be registered annually with the Department of Labor, and

the owner or operator shall provide to the Department of Labor proof

Oklahoma Statutes - Title 40. Labor Page 299

of insurance as provided under Section 467 of this title. The

Commissioner of Labor may promulgate rules providing for

registration of such devices.

C. The owner or operator may make application to the

Commissioner for less frequent inspections than are required under

subsection B of this section. The Commissioner, upon investigation

and/or hearing of the matter, may grant a waiver, provided equal

public safety is maintained. Such waiver shall provide specific

requirements for inspection in lieu of the requirements of

subsection B of this section. The Commissioner shall promulgate

rules for the determination of a waiver provided such rules place an

affirmative responsibility on the owner/operator for the

preservation of public safety.

D. The Commissioner of Labor may cause the inspection herein

provided for to be made by the Commissioner's safety inspectors or

by any qualified amusement ride inspector employed by an insurance

company.

E. If, after inspection, an amusement ride is found to comply

with the rules and regulations of the Commissioner of Labor, the

Commissioner of Labor shall issue a certificate of inspection which

shall authorize the operator or owner to operate the rides.
Okla. Stat. tit. 40, § 40-4-104 — OK Code / Title 40 / Section 40-4-104
Term of office
Status: in_force

TERM OF OFFICE. Each member shall hold office for a term of six

(6) years, except that (1) any member appointed to fill a vacancy

occurring prior to the expiration of the term for which his

predecessor was appointed shall be appointed for the remainder of

such term; and (2) the terms of office of the members first taking

office after the date of enactment of this act shall expire, as

designated by the Governor at the time of appointment, two at the

end of two (2) years, one a representative of employers, and one a

representative of employees; two at the end of four (4) years, one a

representative of employers, one a representative of employees; and

one, the representative of the public, at the end of six (6) years

after the date of enactment of this act. The members of the

Commission who are serving at the time this bill is enacted shall

continue to serve for the remainders of their respective terms

without interruption by reason of this enactment.
Okla. Stat. tit. 40, § 40-4-302 — OK Code / Title 40 / Section 40-4-302
Commission shall publish rules and other material
Status: in_force

COMMISSION SHALL PUBLISH RULES AND OTHER MATERIAL. It shall be

the duty of the Commission to administer this act; and it shall have

the power and authority to adopt, amend, or rescind such rules, to

employ such persons, make such expenditures, require such reports,

make such investigations, and to take such other action as it deems

necessary or suitable to that end.
Okla. Stat. tit. 40, § 40-3-114 — OK Code / Title 40 / Section 40-3-114
Estimate of Financial Condition of Fund - Surcharge
Status: in_force

ESTIMATE OF FINANCIAL CONDITION OF FUND - SURCHARGE. Prior to

the beginning of each calendar quarter, the Oklahoma Employment

Security Commission shall prepare an estimate of the financial

condition of the fund for the quarter. If the estimate for any

quarter shows a balance at any time during the quarter of less than

Fifty Million Dollars ($50,000,000.00), the Commission shall assess

and collect a surcharge for that calendar quarter in an amount

sufficient to keep the balance at Fifty Million Dollars

($50,000,000.00), except as otherwise provided in this section.

The surcharge shall be charged to each employer in proportion to

the employer’s total tax liability as of the last completed quarter

for the current calendar year and shall not exceed thirty-three and

one-third percent (33 1/3%) per taxable year.

In a state of emergency declared by the Governor, the Oklahoma

Legislature, the United States President or the U.S. Congress, the

Commission shall have the following authority:

1. If a state of emergency directly and adversely impacts the

fund and if the estimate for any quarter in a declared state of

emergency shows a balance at any time during the quarter of less

than Fifty Million Dollars ($50,000,000.00), the Commission shall

have authority to:

a. claim up to twenty-five percent (25%) of the federal

emergency relief funds made available to the state, if

any,

b. decrease the surcharge to be charged to each employer

to a percentage rate that is sufficient to bring the

balance of the fund to Fifty Million Dollars

($50,000,000.00),

c. borrow federal funds in amounts determined necessary

by the Commission,

d. allow the balance of the fund to remain less than

Fifty Million Dollars ($50,000,000.00) but not less

than Ten Million Dollars ($10,000,000.00), or

e. use any combination of the provisions of subparagraph

a, b, c or d of this subsection to supplement the

fund; and

Oklahoma Statutes - Title 40. Labor Page 128

2. When a state of emergency does not directly impact the fund,

the Commission shall adhere to the required duty to assess and

collect a surcharge for that calendar quarter in an amount

sufficient to keep the fund balance at Fifty Million Dollars

($50,000,000.00).
Okla. Stat. tit. 40, § 40-4-108 — OK Code / Title 40 / Section 40-4-108
Executive Director
Status: in_force

EXECUTIVE DIRECTOR.

The chief executive officer of the Commission shall be the

Executive Director who shall be appointed by and serve at the

pleasure of the Commission. The Executive Director shall have such

compensation and further duties as the Commission may establish.

The Executive Director may hire, promote and terminate personnel,

and shall fix the qualifications and duties of such personnel.
Okla. Stat. tit. 40, § 40-2-610A — OK Code / Title 40 / Section 40-2-610A
Renumbered as § 2-610.1 of this title by Laws 2006, c
Status: in_force

176, § 29, eff. July 1, 2006.
Okla. Stat. tit. 40, § 40-2-103 — OK Code / Title 40 / Section 40-2-103
Benefits paid from fund
Status: in_force

BENEFITS PAID FROM FUND.

All benefits provided herein shall be payable from the fund.

All benefits shall be paid in accordance with the rules as the

Oklahoma Employment Security Commission may prescribe.
Okla. Stat. tit. 40, § 40-199.4 — OK Code / Title 40 / Section 40-199.4
Penalties
Status: in_force

Any person, partnership, agency, firm or corporation violating

this act shall be guilty of a misdemeanor and shall be punished by a

fine of not less than Five Hundred Dollars ($500.00) nor more than

Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in

Oklahoma Statutes - Title 40. Labor Page 274

the county jail for not less than sixty (60) days nor more than one

(1) year, or both, at the discretion of the court.
Okla. Stat. tit. 40, § 40-2-801 — OK Code / Title 40 / Section 40-2-801
Child support obligations
Status: in_force

CHILD SUPPORT OBLIGATIONS.

A. The Commission may enter into an agreement with the

Department of Human Services for information required pursuant to

Section 240.12 of Title 56 of the Oklahoma Statutes to identify

persons that owe child support obligations.

B. The Commission shall deduct and withhold from any

unemployment compensation payable to an individual that owes child

support obligations the amount, if any, determined by the Department

of Human Services pursuant to an agreement submitted to the

Commission under 42 U.S.C., Section 654(19)(B)(i) by the state child

support enforcement agency.

C. Any amount deducted and withheld under subsection B of this

section shall be paid by the Commission to the Centralized Support

Registry pursuant to Section 413 of Title 43 of the Oklahoma

Statutes.

D. Any amount deducted and withheld under subsection B of this

section shall for all purposes be treated as if it were paid to the

individual as unemployment compensation and paid by such individual

to the state child support enforcement agency in satisfaction of the

individual's child support obligations.

E. For purposes of subsections A through D of this section, the

term "unemployment compensation" means any compensation payable

under the Employment Security Act of 1980, Section 1-101 of this

title, including amounts payable by the Commission pursuant to an

agreement under any federal law providing for compensation,

assistance or allowances with respect to unemployment.

F. This section applies only if appropriate arrangements have

been made for reimbursement by the state child support enforcement

agency for the administrative costs, as determined by the

Commission, incurred by the Commission under this section which are

attributable to child support obligations being enforced by the

state child support enforcement agency.

G. For purposes of this section:

(1) "Child support obligations" means only obligations which

are being enforced pursuant to a plan described in 42 U.S.C.,

Section 654, which has been approved by the Secretary of Health and

Human Services under 42 U.S.C., Section 651 et seq.

(2) "State child support enforcement agency" means the Oklahoma

Department of Human Services, which pursuant to Section 237 of Title

56 of the Oklahoma Statutes is the single state agency in Oklahoma

operating pursuant to a plan described in 42 U.S.C., Section 654,

Oklahoma Statutes - Title 40. Labor Page 104

which has been approved by the Secretary of Health and Human

Services under 42 U.S.C., Section 651 et seq.

(3) Deductions from unemployment insurance authorized by

subsection B of this section in satisfaction of child support

obligations are only those obligations defined in paragraph (1) of

this subsection, and the recipient of the deductions shall be

defined as only a state child support enforcement agency operating

pursuant to an approved plan described in 42 U.S.C., Section 654 and

referenced in paragraph (2) of this subsection.
Okla. Stat. tit. 40, § 40-197.15 — OK Code / Title 40 / Section 40-197.15
Citation
Status: in_force

This act shall be known and may be cited as the "Oklahoma

Minimum Wage Act".
Okla. Stat. tit. 40, § 40-173.2 — OK Code / Title 40 / Section 40-173.2
Prohibited actions regarding personal social media accounts – Exemptions – Civil actions. .. 255
Status: in_force

Oklahoma Statutes - Title 40. Labor Page 9accounts – Exemptions – Civil actions.

A. No employer, as defined by paragraph 1 of Section 1301 of

Title 25 of the Oklahoma Statutes, located in this state shall:

1. Require an employee or prospective employee to disclose a

user name and password or other means of authentication for

accessing a personal online social media account through an

electronic communications device;

2. Require an employee or prospective employee to access the

employee's or prospective employee's personal online social media

account in the presence of the employer in a manner that enables the

employer to observe the contents of such accounts if the account's

contents are not available to the general public, except pursuant to

an investigation as provided in subsection D of this act;

3. Take retaliatory personnel action that materially and

negatively affects the terms and conditions of employment against an

employee solely for refusal to give the employer the user name or

password to the employee's personal online social media account; or

4. Refuse to hire a prospective employee solely as a result of

the prospective employee's refusal to give the employer the user

name and password to the prospective employee's personal online

social media account.

B. An employer may request or require an employee to disclose

any user name and password for accessing:

1. Any computer system, information technology network, or

electronic communications device provided or subsidized by the

employer; or

2. Any accounts or services provided by the employer or by

virtue of the employee's employment relationship with the employer

or that the employee uses for business purposes.

Oklahoma Statutes - Title 40. Labor Page 255

C. If, through the use of an electronic device or program that

monitors an employer's network or the use of employer provided

devices, an employer inadvertently receives an employee's user name

and password or other authentication information, the employer is

not liable for having such information, but may not use the

information to access an employee's personal online social media

account.

D. Nothing in this section shall prevent an employer from:

1. Conducting an investigation:

a. for the purpose of ensuring compliance with applicable

laws, regulatory requirements or prohibitions against

work-related employee misconduct based on the receipt

of specific information about activity on a personal

online social media account or personal online social

media service by an employee or other source, or

b. of an employee's actions based on the receipt of

specific information about the unauthorized transfer

of an employer's proprietary information, confidential

information or financial data to a personal online

social media account or personal online social media

service by an employee or other source;

2. Conducting an investigation as specified in subparagraphs a

and b of paragraph 1 of this subsection includes requiring the

employee's cooperation to share the content that has been reported

in order to make a factual determination.

E. Nothing in this section shall be construed to prevent an

employer from complying with the requirements of state or federal

statutes, rules or regulations, case law, or rules of self-

regulatory organizations.

F. Nothing in this section shall be construed to prohibit an

employer from accessing its computer system or information

technology network, including electronic communications devices

owned by the employer. Neither this section nor any other Oklahoma

law shall prohibit an employer from reviewing or accessing personal

online social media accounts that an employee may choose to use

while utilizing an employer's computer system, information

technology network or an employer's electronic communication device.

G. An employee or prospective employee may bring a civil action

against an employer who violates this section in a court located in

the county in which the alleged violation occurred. Such action

shall be brought within six (6) months after the alleged violation

occurred. The employee or prospective employee may seek injunctive

relief to restrain the employer from continuing to act in violation

of this section, but must show by clear and convincing evidence that

the employer violated this act. The only damages recoverable for a

violation of this act are Five Hundred Dollars ($500.00) per

violation. No punitive or emotional damages are recoverable, and

Oklahoma Statutes - Title 40. Labor Page 256

this section may not be utilized for the basis of a public policy

tort.

H. As used in this section:

1. "Electronic communications device" means a device that uses

electronic signals to create, transmit or receive information,

including computers, telephones, personal digital assistants and

other similar devices; and

2. "Personal online social media account" means an online

account that is used by an employee or prospective employee

exclusively for personal communications that an individual

establishes and uses through an electronic application, service or

platform used to generate or store content, including, but not

limited to, videos, still photographs, blogs, video blogs, instant

messages, audio recordings or email that is not available to the

general public.
Okla. Stat. tit. 40, § 40-1-102 — OK Code / Title 40 / Section 40-1-102
Purpose of Act
Status: in_force

(1) 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 himself or for any other person,

shall 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 longer 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.

(2) 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, § 40-600.4 — OK Code / Title 40 / Section 40-600.4
Registration – De minimus exemption
Status: in_force

A. Registration required. Except as otherwise provided in the

Oklahoma Professional Employer Organization Recognition and

Registration Act, no person shall, unless the person is registered

as a PEO or PEO Group under the Oklahoma Professional Employer

Organization Recognition and Registration Act, provide, advertise,

or otherwise hold itself out as providing professional employer

services in this state.

B. Registration information.

1. Each PEO or PEO Group required to be registered under the

Oklahoma Professional Employer Organization Recognition and

Registration Act shall electronically submit a complete registration

application to the Insurance Commissioner in a manner and form

prescribed by the Commissioner, along with any applicable fees.

Pursuant to paragraph 2 of this subsection, a PEO or PEO Group may

use a qualified assurance organization as approved by the

Commissioner to provide services related to the registration of the

PEO or PEO Group. A PEO or PEO Group may authorize an assurance

organization to act on behalf of the PEO or PEO Group in complying

with the registration requirements set forth in the Oklahoma

Professional Employer Organization Recognition and Registration Act,

including, but not limited to, electronic filings of information and

payment of registration fees. At a minimum, PEOs, PEO Groups or an

approved assurance organization acting on behalf of the PEO or PEO

Group, shall provide the following information:

a. the name or names under which the PEO or PEO Group

conducts business,

b. the address of the principal place of business of the

PEO or PEO Group and the address of each office it

maintains in this state,

c. the PEO’s or PEO Group’s taxpayer or employer

identification number,

Oklahoma Statutes - Title 40. Labor Page 322

d. a list by jurisdiction of each name under which the

PEO or PEO Group has operated in the preceding five

(5) years, including any alternative names, names of

predecessors and, if known, successor business

entities,

e. a statement of ownership, which shall include the name

and evidence of the business experience of any person

that, individually or acting in concert with one or

more other persons, owns or controls, directly or

indirectly, twenty-five percent (25%) or more of the

equity interests of the PEO or PEO Group,

f. a statement of management, which shall include the

name and evidence of the business experience of any

person who serves as president, chief executive

officer, or otherwise has the authority to act as

senior executive officer of the PEO or PEO Group, and

g. a financial statement setting forth the financial

condition of the PEO or PEO Group, as of a date not

earlier than three hundred sixty-five (365) days prior

to the date submitted to the Commissioner, prepared in

accordance with generally accepted accounting

principles, and audited or reviewed by an independent

certified public accountant licensed to practice in

the jurisdiction in which such accountant is located.

A PEO Group may submit combined or consolidated

audited or reviewed financial statements to meet the

requirements of this section.

2. The financial statement required by subparagraph g of

paragraph 1 of this subsection may be dated as of a date that is not

earlier than three hundred sixty-five (365) days before the date on

which the application is submitted in the event the PEO or PEO Group

provides the following:

a. evidence that is acceptable to the Commissioner that

it is licensed or registered in good standing in

another state with equal or greater requirements than

the requirements of the Oklahoma Professional Employer

Organization Recognition and Registration Act,

b. quarterly financial statements of management for each

calendar quarter as of the most recent audit that

demonstrate continuing financial operations acceptable

to the Commissioner, and

c. the certification of an independent Certified Public

Accountant that as of the end of the most recent

calendar quarter, the PEO or PEO Group has paid all of

its state and federal payroll taxes, health and

workers’ compensation premiums, and contributions to

Oklahoma Statutes - Title 40. Labor Page 323

employee retirement plans in a timely and appropriate

manner.

3. For purposes of the Oklahoma Professional Employer

Organization Recognition and Registration Act, “assurance

organization” means an independent entity approved by the

Commissioner to certify the qualifications of a PEO or PEO Group for

registration under this section and Section 600.6 of this title and

any related requirements and procedures. To be considered for

approval as an independent and qualified assurance organization, the

assurance organization shall submit a written request for approval

to the Commissioner. The written request shall include, but not be

limited to, the following:

a. evidence that the assurance organization is

independent and has an established national program

for the accreditation and financial assurance of PEOs

and PEO Groups based on requirements similar to the

requirements of the Oklahoma Professional Employer

Organization Recognition and Registration Act, and any

rules promulgated for the implementation of the

Oklahoma Professional Employer Organization

Recognition and Registration Act,

b. evidence that the assurance organization has

documented qualifications, standards, procedures, and

financial assurance acceptable to the Commissioner and

is licensed or otherwise approved by one or more

states to certify the qualifications of PEOs or PEO

Groups,

c. an agreement to provide information, compliance

monitoring services, and a level of financial

assurance as deemed acceptable by the Commissioner,

d. an agreement to provide the Commissioner with an

application that has been executed by each PEO or PEO

Group requesting alternative registration under this

section and Section 600.6 of this title and related

requirements and procedures in a form approved by the

Commissioner. The application shall:

(1) authorize the assurance organization to share

with the Commissioner any application and

compliance reporting information required under

the Oklahoma Professional Employer Organization

Recognition and Registration Act that has been

provided to the assurance organization by the PEO

or PEO Group,

(2) authorize the Commissioner to accept information

shared by the assurance organization for

registration or renewal of registration of the

PEO or PEO Group as if the information was

Oklahoma Statutes - Title 40. Labor Page 324

provided directly to the Commissioner by the PEO

or PEO Group,

(3) provide the certification of the PEO or PEO Group

that the information provided by the assurance

organization to the Commissioner is true and

complete and that the PEO or PEO Group is in full

and complete compliance with all requirements of

the Oklahoma Professional Employer Organization

Recognition and Registration Act, and

(4) provide the certification of the assurance

organization that the PEO or PEO Group is in

compliance with the standards and procedures of

the assurance organization which are similar to

the requirements of the Oklahoma Professional

Employer Organization Recognition and

Registration Act and is qualified for

registration or renewal of registration under the

Oklahoma Professional Employer Organization

Recognition and Registration Act,

e. an agreement to provide written notice to the

Commissioner within two (2) business days of

determination by the assurance organization of the

failure of a PEO or PEO Group to meet the

qualifications for registration under the Oklahoma

Professional Employer Organization Recognition and

Registration Act or determination by the assurance

organization of the failure of the PEO or PEO Group to

meet the qualifications for accreditation or

certification by the assurance organization, and

f. an agreement to share with the Commissioner in a

timely manner the information and supporting

documentation provided to the assurance organization

by the PEO or PEO Group similar to the information and

documentation required for registration or renewal of

registration under the Oklahoma Professional Employer

Organization Recognition and Registration Act.

4. Each person, PEO, or PEO Group shall electronically submit,

in a form and manner prescribed by the Commissioner, along with any

applicable fees, any change of legal business name, “doing business

as” or assumed name, address, or contact email address within thirty

(30) days after the change occurred. Any submission of a change of

legal name, “doing business as” or assumed name, address, or contact

email address received more than thirty (30) days after the change

occurred shall be accompanied by a fee of Fifty Dollars ($50.00).

C. Renewal. 1. A registration expires one (1) year following

the registration unless it is renewed pursuant to this subsection.

Oklahoma Statutes - Title 40. Labor Page 325

Before expiration of the registration, a registrant may renew the

registration for an additional one-year term if the registrant:

a. remains in good standing and otherwise is entitled to

be registered pursuant to the Oklahoma Professional

Employer Organization Recognition and Registration

Act,

b. files with the Commissioner a renewal application on a

form prescribed by the Commissioner, and

c. pays to the Commissioner a renewal fee as provided for

in Section 600.5 of this title.

2. A registration expired for failure to submit a renewal

application may be reinstated within ninety (90) days after the

expiration date by electronically submitting a fee in an amount that

is twice the amount of the renewal fee and a renewal application in

the form and manner prescribed by the Insurance Commissioner, along

with any transaction or other applicable fees. The Commissioner

shall require a person, PEO, or PEO Group whose registration has

been expired for more than ninety (90) days to reapply as if a new

applicant and pay an application fee equal to an amount that is

twice the initial application fee in addition to any fines imposed.

All applications received after the registration has been expired

for more than ninety (90) days shall include a detailed report of

professional employer services provided in this state during the

period of expired registration.

D. Group registration. Any two or more PEOs held under common

control of any other person or persons acting in concert may be

registered as a PEO Group. A PEO Group may satisfy any reporting

and financial requirements of this registration law on a

consolidated basis.

E. Electronic filing and compliance. A PEO, PEO Group or an

approved independent and qualified assurance organization as

provided for in subsection B of this section may electronically

submit filings in conformance with Sections 15-101 through 15-121 of

Title 12A of the Oklahoma Statutes. Electronically submitted

filings include, but are not limited to, applications, documents,

reports, and other filings required under the Oklahoma Uniform

Electronic Transactions Act.

F. De minimis exemption.

1. A PEO is exempt from the registration requirements payable

under the Oklahoma Professional Employer Organization Recognition

and Registration Act if such PEO:

a. submits a properly executed request for exemption on a

form provided by the Department,

b. is domiciled outside this state and is licensed or

registered as a professional employer organization in

another state that has the same or greater

Oklahoma Statutes - Title 40. Labor Page 326

requirements as the Oklahoma Professional Employer

Organization Recognition and Registration Act,

c. does not maintain an office in this state or solicit

in any manner clients located or domiciled within this

state, and

d. does not have more than twenty-five covered employees

employed or domiciled in this state.

2. An exemption of a professional employer organization from

the registration requirements under the Oklahoma Professional

Employer Organization Recognition and Registration Act shall be

valid for one (1) year, subject to renewal.

G. List. The Commissioner shall maintain a list of

professional employer organizations registered or exempted under the

Oklahoma Professional Employer Organization Recognition and

Registration Act and a list of approved assurance organizations.

H. Forms. The Commissioner may prescribe forms necessary to

promote the efficient administration of this section.

I. The Commissioner is authorized to promulgate reasonable

rules necessary for the administration and implementation of this

section.

J. Every person, PEO, or PEO Group, upon receipt of any inquiry

from the Commissioner, shall, within twenty (20) days from the date

of receipt of the inquiry, furnish the Commissioner with an adequate

response to the inquiry.

K. The Commissioner may reject an application for registration,

renewal of registration, or for an exemption from registration if

the Commissioner finds that:

1. The application is not fully completed or properly executed;

2. Documents required to supplement the application are not

included in the application packet or are inadequate;

3. The registration fee is not submitted with the application;

4. The applicant or any person named in the application

misrepresents material in the application;

5. The applicant, or any of its officers, is determined by the

Commissioner to lack good moral character, business integrity, or

financial responsibility; or

6. The controlling person has violated a provision of the

Oklahoma Professional Employer Organization Recognition and

Registration Act or rules promulgated thereto.
Okla. Stat. tit. 40, § 40-501 — OK Code / Title 40 / Section 40-501
Construction of act - Conditions relating to smoking
Status: in_force

The provisions of Sections 11 through 14 of this act shall not

be construed to prevent an employer from prescribing conditions with

regard to smoking while on the job or on the premises of the

employer.
Okla. Stat. tit. 40, § 40-4-107 — OK Code / Title 40 / Section 40-4-107
Quorum
Status: in_force

QUORUM. Any three Commissioners shall constitute a quorum. No

vacancy shall impair the right of the remaining Commissioners to

exercise all of the powers of the Commission.
Okla. Stat. tit. 40, § 40-1-209 — OK Code / Title 40 / Section 40-1-209
Employing unit
Status: in_force

EMPLOYING UNIT.

All individuals performing services within this state for any

employing unit which maintains two or more separate establishments

within this state shall be deemed to be employed by a single

employing unit for all the purposes of the Employment Security Act

of 1980, except as provided under paragraphs 10 and 11 of Section 1-

208 of this title.

Whenever any employing unit contracts with or has under it any

contractor or subcontractor for any employment, which is part of its

usual trade, occupation, profession, or business, unless the

employing unit as well as each such contractor or subcontractor is

an employer by reason of Section 1-208 or Section 3-203 of this

title, the employing unit shall for all the purposes of the

Employment Security Act of 1980 be deemed to employ each individual

in the employ of each such contractor or subcontractor for each day

during which such individual is engaged in performing such

employment; except that each such contractor or subcontractor who is

Oklahoma Statutes - Title 40. Labor Page 27

an employer by reason of Section 1-208 or Section 3-203 of this

title shall alone be liable for the contributions measured by wages

paid to individuals employed by the contractor or subcontractor, and

except that any employing unit which shall become liable for and pay

contributions with respect to individuals in the employ of any such

contractor or subcontractor who is not an employer by reason of

Section 1-208 or Section 3-203 of this title may recover the same

from such contractor or subcontractor.

Each individual employed to perform or to assist in performing

the work of any agent or employee of an employing unit shall be

deemed to be employed by such employing unit for all the purposes of

the Employment Security Act of 1980, whether such individual was

hired or paid directly by such employing unit or by such agent or

employee of an employing unit, provided the employing unit had

actual or constructive knowledge of the employment.
Okla. Stat. tit. 40, § 40-3-120 — OK Code / Title 40 / Section 40-3-120
Required filings by professional employer organizations
Status: in_force

– Payment of contributions – Change of election.

REQUIRED FILINGS BY PROFESSIONAL EMPLOYER ORGANIZATIONS –

PAYMENT OF CONTRIBUTIONS – CHANGE OF ELECTION.

A. Each Professional Employer Organization, or PEO, shall file

all reports and pay all contributions required by the Employment

Security Act of 1980 and the Rules of the Oklahoma Employment

Security Commission under one of the following two options. The PEO

may choose the option under which it will report and pay. All PEOs

that do not exercise their option within the compliance date in

subsections C and D of this section shall be assigned to option 1

below. All current client accounts and client accounts set up or

acquired after the election shall be reported and paid according to

the option elected by the PEO or the option assigned to the PEO if

no election is made. The two options are as follows:

1. The PEO shall file quarterly tax returns to report the wages

of all covered employees of all its clients and pay all

contributions due on those wages under one account of the PEO; or

Oklahoma Statutes - Title 40. Labor Page 131

2. The PEO shall file quarterly tax returns to report the wages

of all covered employees under the direction and control of each

client and pay all contributions due on those wages under the

account assigned to that client by the Oklahoma Employment Security

Commission; provided:

a. a PEO choosing this option shall notify the Oklahoma

Employment Security Commission in writing,

b. a PEO choosing this option shall assist the Commission

in the process of the separation and identification of

the contribution history, the benefit experience

history, and the payroll of each of its clients, and

the Commission shall transfer that experience to the

client account,

c. the Commission shall determine the tax rate of each

client account separately based upon the client's

contribution history, benefit experience history and

actual payroll,

d. if there is not sufficient experience in the client

account after the transfer of experience to establish

a tax rate, the account will be assigned a tax rate

pursuant to Section 3-110.1 of this title, and

e. a PEO choosing this option shall produce all

documentation and information necessary for the

Oklahoma Employment Security Commission to create the

client account within sixty (60) days of choosing this

option. If the information needed by the Commission

is not produced within this sixty-day period, the PEO

shall revert to reporting under the option provided

for in paragraph 1 of subsection A of this section.

B. Within thirty (30) days after the end of each calendar

quarter, each PEO shall file a list of all its clients setting out

the federal employer identification number, the name, the client's

contact information and the current registration certificate of the

PEO issued pursuant to Section 600.4 of this title. The client list

shall be filed in a format prescribed by the Oklahoma Employment

Security Commission. Materials submitted pursuant to this section

shall be deemed records submitted pursuant to the Oklahoma

Professional Employer Organization Recognition and Registration Act

and shall be treated as confidential and subject to the provisions

of subsection C of Section 600.6 of this title and Section 4-508 of

this title.

C. Any PEO with a current employer tax account with the

Oklahoma Employment Security Commission as of the effective date of

this act shall comply with the provisions of this section no later

than January 1, 2015.

D. Any PEO that does not have a current employer tax account

with the Oklahoma Employment Security Commission as of the effective

Oklahoma Statutes - Title 40. Labor Page 132

date of this act shall comply with the provisions of this section

upon becoming liable for contributions under the Employment Security

Act of 1980.

E. After the initial election or assignment of the optionOklahoma Statutes - Title 40. Labor Page 4

Oklahoma Statutes - Title 40. Labor Page 5ary 1, 2015.

D. Any PEO that does not have a current employer tax account

with the Oklahoma Employment Security Commission as of the effective

Oklahoma Statutes - Title 40. Labor Page 132

date of this act shall comply with the provisions of this section

upon becoming liable for contributions under the Employment Security

Act of 1980.

E. After the initial election or assignment of the option

provided for in subsection A of this section, a PEO shall be

permitted to change its election one time only. The change of

election shall be made by the PEO in writing. The election shall

become effective in the calendar year following the date the

Commission approves the election of the PEO. If the Commission

approves a change of election, all contribution history, benefit

experience history and payroll of each client shall be transferred

to the pooled account, if the option in paragraph 1 of subsection A

of this section is chosen, or the individual client accounts, if the

option in paragraph 2 of subsection A of this section is chosen.
Okla. Stat. tit. 40, § 40-169 — OK Code / Title 40 / Section 40-169
Hiring armed guards without permit a felony
Status: in_force

Any person who shall hire, aid, abet or assist in hiring through

private detective agencies or otherwise, persons to guard with arms

or deadly weapons of any kind, other persons or property, or any

person who shall come into this state armed with deadly weapons of

any kind for any such purpose, without a permit, in writing, from

the Governor, shall be guilty of a Class D1 felony offense, and on

conviction thereof shall be imprisoned as provided for in

subsections B through F of Section 20N of Title 21 of the Oklahoma

Statutes. Provided, that nothing herein contained shall be

construed to interfere with the right of any person, corporations,

society, association or organization in guarding and protecting

their property as provided by law; but this section shall be

construed only to apply in cases where workmen are brought into the

state or induced to go from one place to another in the state by any

false pretenses, false advertising, or deceptive representation, or

brought into the state under arms or removed from one place to

another in the state under arms.

R.L. 1910, § 3767. Amended by Laws 1997, c. 133, § 454, eff. July

1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 331, eff. July 1, 1999;
Okla. Stat. tit. 40, § 40-2-610 — OK Code / Title 40 / Section 40-2-610
Judicial review
Status: in_force

JUDICIAL REVIEW.

A. Within the thirty (30) days after the day a notice of

decision of the Board of Review is mailed to the parties, the

Oklahoma Employment Security Commission, or any party to the

proceedings before the Board of Review, may obtain judicial review

by filing in the district court of the county in which the claimant

resides, or if the claimant is not a resident of the State of

Oklahoma then in the District Court of Oklahoma County, a petition

for review of the decision of the Board of Review. The petition for

review shall set out the names of all codefendants in the style of

the case, which shall include:

1. The Board of Review;

2. The Oklahoma Employment Security Commission; and

3. All other parties to the proceeding before the Board of

Review.

The petition for review need not be verified but shall state

specifically the grounds upon which the review is sought. A copy of

the petition for review shall be served upon the Board of Review at

its official address and the petitioner shall also deliver to the

Board of Review as many copies of the petition as there are

defendants. The Board of Review shall issue to each party to the

proceeding a copy of the petition and the issuance shall be deemed

to be service upon all the parties. In any proceeding under this

section the findings of the Board of Review as to the facts, if

supported by evidence, shall be conclusive and the jurisdiction of

the court shall be confined to questions of law. No additional

evidence shall be received by the court, but the court may remand

the case and order additional evidence to be taken by the Appeal

Tribunal of the Oklahoma Employment Security Commission.

B. Within sixty (60) days of the date of service of the

petition on the Board of Review, the Board of Review shall file with

the court a certified copy of the record of the case, including all

documents and papers properly admitted into evidence and a

transcript of all testimony taken in the matter, together with the

Board of Review's findings, conclusions and decision.

C. The proceedings shall be heard in a summary manner and shall

be given precedence over all other civil cases. An appeal may be

taken from the decision of the district court to the Supreme Court

of this state in the same manner as is provided in other civil

cases. It shall not be necessary as a condition precedent to

judicial review of any decision of the Board of Review to enter

exceptions to the rulings of the Board, and no bond shall be

required as a condition of initiating a proceeding for judicial

review or entering an appeal from the decision of the court. Upon

the final termination of the judicial proceeding, the Board of

Oklahoma Statutes - Title 40. Labor Page 86

Review shall enter an order in accordance with the mandate of the

district or appellate court.
Okla. Stat. tit. 40, § 40-1-223 — OK Code / Title 40 / Section 40-1-223
Taxable wages - Conditional factors and percentages
Status: in_force

TAXABLE WAGES – CONDITIONAL FACTORS AND PERCENTAGES.

The applicable percentage of the state’s average annual wage is

determined by the conditional factor in place during the calendar

year for which the taxable wage is being calculated. The

conditional factor is determined pursuant to the provisions of

Section 3-113 of this title. The applicable percentages are as

follows:

1. Forty percent (40%) during any calendar year in which the

balance in the Unemployment Compensation Fund is in excess of the

Oklahoma Statutes - Title 40. Labor Page 44

amount required to initiate conditional contribution rates, pursuant

to the provisions of Section 3-113 of this title;

2. Forty-one and one-quarter percent (41.25%) during calendar

years in which condition “a” exists;

3. Forty-two and one-half percent (42.5%) during calendar years

in which condition “b” exists;

4. Forty-three and three-fourths percent (43.75%) during

calendar years in which condition “c” exists; and

5. Forty-five percent (45%) during calendar years in which

condition “d” exists.
Okla. Stat. tit. 40, § 40-192 — OK Code / Title 40 / Section 40-192
Violations of act
Status: in_force

Each and every violation of any provision of Section 1 of this

act shall constitute a misdemeanor, punishable by a fine in any

amount not exceeding One Hundred Dollars ($100.00).
Okla. Stat. tit. 40, § 40-197.5 — OK Code / Title 40 / Section 40-197.5
Employees covered by act
Status: in_force

Every employer shall pay to each of his employees who have

reached eighteen (18) years of age wages at a rate of not less than

Two Dollars ($2.00) per hour. Regardless of other provisions of the

Oklahoma Minimum Wage Act, every employee of the State of Oklahoma

or any lessee or concessionaire thereof is hereby specifically

covered by the Oklahoma Minimum Wage Act.
Okla. Stat. tit. 40, § 40-3-506 — OK Code / Title 40 / Section 40-3-506
State may be made party defendant
Status: in_force

STATE MAY BE MADE PARTY DEFENDANT. In any action involving the

title to real estate, or the ownership or right to possession of

personal property, the State of Oklahoma may be made a party

defendant for the purpose of determining any lien claimed by it upon

the property involved therein; and in any such action, service of

Oklahoma Statutes - Title 40. Labor Page 147

summons upon the Commission or any member thereof shall be a

sufficient service and binding upon the State of Oklahoma.
Okla. Stat. tit. 40, § 40-141.19a — OK Code / Title 40 / Section 40-141.19a
Discontinuation of revolving funds
Status: in_force

A. On the effective date of this act, the Workers’ Compensation

Enforcement Revolving Fund, the Safety Standards Revolving Fund and

the Elevator Safety Fund shall be discontinued, and all funds in the

Workers’ Compensation Enforcement Revolving Fund, the Safety

Standards Revolving Fund and the Elevator Safety Fund shall be

transferred to the Department of Labor Revolving Fund, created in

Section 141.19 of Title 40 of the Oklahoma Statutes.

Oklahoma Statutes - Title 40. Labor Page 226

B. After the effective date of this act, any revenue placed to

the credit of the Workers’ Compensation Enforcement Revolving Fund,

the Safety Standards Revolving Fund and the Elevator Safety Fund

shall be placed in the Department of Labor Revolving Fund.
Okla. Stat. tit. 40, § 40-196.9a — OK Code / Title 40 / Section 40-196.9a
Unconstitutional – Repealed
Status: repealed

NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.

1991, §§ 196.1 through 196.14) was held unconstitutional in the case

of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,

Okla., 918 P.2d 26 (1995).

NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,

2015.
Okla. Stat. tit. 40, § 40-559 — OK Code / Title 40 / Section 40-559
Sample collection and testing - Conditions
Status: in_force

All sample collection and testing for drugs and alcohol pursuant

to the provisions of this act shall be conducted in accordance with

the following conditions:

1. Samples shall be collected and tested only by individuals

deemed qualified by the State Board of Health and may be collected

on the premises of the employer;

2. Only samples deemed appropriate by the State Board of Health

for drug and alcohol testing shall be collected;

3. The collection of samples shall be performed under

reasonable and sanitary conditions;

4. A sample shall be collected in sufficient quantity for

splitting into two separate specimens, pursuant to rules of the

State Board of Health, to provide for any subsequent independent

analysis in the event of challenge of the test results of the main

specimen;

5. Samples shall be collected and tested with due regard to the

privacy of the individual being tested. In the instances of

urinalysis, no employer or representative, agent or designee of the

employer shall directly observe an applicant or employee in the

process of producing a urine sample; provided, however, collection

shall be in a manner reasonably calculated to prevent substitutions

or interference with the collection or testing of reliable samples;

6. Sample collection shall be documented, and the documentation

procedures shall include:

Oklahoma Statutes - Title 40. Labor Page 315

a. labeling of samples so as reasonably to preclude the

probability of erroneous identification of test

results, and

b. an opportunity for the applicant or employee to

provide notification of any information which the

applicant or employee considers relevant to the test,

including identification of currently or recently used

prescription or nonprescription drugs, or other

relevant information;

7. Sample collection, storage, and transportation to the

testing facility shall be performed so as reasonably to preclude the

probability of sample contamination or adulteration;

8. Sample testing shall conform to scientifically accepted

analytical methods and procedures. Testing shall include

confirmation of any positive test result by gas chromatography, gas

chromatography-mass spectroscopy, or an equivalent scientifically

accepted method of equal or greater accuracy as approved by Board

rule, at the cutoff levels as determined by Board rule, before the

result of any test may be used as a basis for refusal to hire a job

applicant or any action by an employer pursuant to Section 12 of

this act; and

9. A written record of the chain of custody of the sample shall

be maintained from the time of the collection of the sample until

the sample is no longer required.
Okla. Stat. tit. 40, § 40-181 — OK Code / Title 40 / Section 40-181
Repairing of steam boilers unlawful, when
Status: in_force

It shall be unlawful and deemed a Class D3 felony offense for

any railroad, company or any other person, firm, or corporation,

using steam boilers, to command, order or permit by themselves or

their agents, any of their employees to enter any steam boiler,

firebox or smoke chamber thereto, for the purpose of repairing or

cleaning the same or for any other purpose when the same is under

steam pressure.
Okla. Stat. tit. 40, § 40-2-702 — OK Code / Title 40 / Section 40-2-702
Applicability
Status: in_force

APPLICABILITY. The provisions of this part shall apply to the

Extended Benefits Program.
Okla. Stat. tit. 40, § 40-418 — OK Code / Title 40 / Section 40-418
Payments to Commission - Refunds - Collection of payments
Status: in_force

- Disposition of funds.

(1) Each insurance carrier writing workers' compensation

insurance in this state and each self-insured employer authorized to

make workers' compensation payments directly to employees shall pay

to the Oklahoma Tax Commission up to a sum equal to three-fourths of

one percent (3/4 of 1%) of the total workers' compensation losses,

excluding medical payments and temporary total disability

compensation, based on the records of the Workers' Compensation

Court of Existing Claims or the Workers' Compensation Commission,

paid out or payable during each quarter-year period of the calendar

year, said percentage to be fixed by the Commissioner of Labor and

based upon the Commissioner's certification that the proceeds

thereof are reasonable and necessary to accomplish the objectives of

the Oklahoma Occupational Health and Safety Standards Act. Such

payments to the Oklahoma Tax Commission shall be made not later than

the fifteenth day of the month following the close of the quarter-

year in which compensation is paid or becomes payable. Payments

made, under the provisions of this section, shall be considered

losses for the purpose of computing workers' compensation rates.

(2) The refund provisions of Sections 227 through 229 of Title

68 of the Oklahoma Statutes shall be applicable to any payments made

under the provisions of the Oklahoma Occupational Health and Safety

Standards Act.

(3) In making and entering awards for compensation, the

Workers' Compensation Court of Existing Claims or the Workers'

Compensation Commission shall determine and fix the amounts that

shall be paid to the Oklahoma Tax Commission under the provisions of

this section. The total amount so determined and fixed shall have

the same force and effect as an award of the Workers' Compensation

Court of Existing Claims or the Workers' Compensation Commission for

compensation and all provisions of law relating to the collection of

awards of said court or Commission shall apply to such judgments or

awards.

(4) It shall be the duty of the Oklahoma Tax Commission to

collect the payments provided for herein, and said Commission is

hereby given authority to bring an action for the recovery of any

delinquent and unpaid payment or payments. In the alternative, the

Oklahoma Statutes - Title 40. Labor Page 288

Oklahoma Tax Commission may enforce payments by proceeding in

accordance with the provisions of Section 79 of Title 85A of the

Oklahoma Statutes.

(5) Except as otherwise provided in paragraph (7) of this

section, the Oklahoma Tax Commission shall, monthly, as the same are

collected, pay to the State Treasurer of this state, to the credit

of the Special Occupational Health and Safety Fund, all monies

collected under the provisions of this section. Monies shall be

paid out of said Fund exclusively for the operation and

administration of the Oklahoma Occupational Health and Safety

Standards Act and for other necessary expenses of the Department of

Labor pursuant to appropriations by the Oklahoma Legislature.

(6) The Commissioner shall determine the needs of the program,

considering statistical data on disabling work injuries, depth and

scope of the program as evidenced by the needs and demands of

employers and the present, planned and anticipated budgetary needs

of the program, and submit same to the Legislature.

(7) In no event shall the total fiscal year amount paid to the

credit of the Special Occupational Health and Safety Fund pursuant

to this section exceed the 3-year average of the total fiscal year

amounts apportioned fiscal years 2015, 2016 and 2017. Any amount in

excess of the 3-year average shall be placed to the credit of the

General Revenue Fund.
Okla. Stat. tit. 40, § 40-2-101 — OK Code / Title 40 / Section 40-2-101
Applicability
Status: in_force

APPLICABILITY. The provisions of this part shall be applicable

to the computation of benefits under this act.
Okla. Stat. tit. 40, § 40-1.1 — OK Code / Title 40 / Section 40-1.1
Reciprocal agreements with labor departments of other
Status: in_force

states - Actions upon claims arising in other states.

A. The Commissioner of Labor may enter into reciprocal

agreements with the Labor Department or corresponding agency of

another state, or with the person, board, officer, or commission

authorized to act on behalf of that department or agency having

jurisdiction for the collection of wages unlawfully withheld from

employees by out-of-state employers and for the collection of other

debts lawfully owed to the State Department of Labor.

Oklahoma Statutes - Title 40. Labor Page 13

B. The Commissioner of Labor shall, upon the written request of

the Department of Labor or other corresponding agency of any other

state or of any person, board, officer or commission of such state

authorized to act for and on behalf of such labor department or

corresponding agency, maintain actions in the courts of this state

upon assigned claims for wages, judgments and demands arising in

such other state in the same manner and to the same extent that such

actions by the Commissioner of Labor are authorized when arising in

this state; provided, however, that such actions may be commenced

and maintained only in those cases where such other state by

appropriate legislation or by reciprocal agreement extends a like

comity to cases arising in the state.
Okla. Stat. tit. 40, § 40-4-201 — OK Code / Title 40 / Section 40-4-201
Applicability
Status: in_force

APPLICABILITY. This part shall apply to the creation,

appointment, salary and qualifications of the Board of Review.
Okla. Stat. tit. 40, § 40-2-614 — OK Code / Title 40 / Section 40-2-614
Waiver of appeal time
Status: in_force

WAIVER OF APPEAL TIME.

All time periods provided for appeals pursuant to the provisions

of Article 2 of the Employment Security Act of 1980 may be waived

for good cause shown up to one (1) year after the date of the

determination or redetermination; provided, this waiver shall not

apply to appeals to district court of decisions of the Board of

Review.
Okla. Stat. tit. 40, § 40-2-404 — OK Code / Title 40 / Section 40-2-404
Leaving work voluntarily
Status: in_force

LEAVING WORK VOLUNTARILY.

A. An individual shall be disqualified for benefits for leaving

his or her last work voluntarily without good cause connected to the

work, if so found by the Commission.

B. When adjudicating a separation from employment in an initial

claim or additional initial claim, disqualification under this

section shall continue for the full period of unemployment next

ensuing after the individual left work voluntarily without good

cause connected to the work and until the individual has become

reemployed and has earned wages equal to or in excess of ten (10)

times his or her weekly benefit amount.

C. When adjudicating a separation from employment during a

continued claim series, disqualification under this section shall be

for the week of the occurrence of leaving work voluntarily without

good cause connected to the work.
Okla. Stat. tit. 40, § 40-3-102 — OK Code / Title 40 / Section 40-3-102
Contributions
Status: in_force

CONTRIBUTIONS.

A. Contributions shall accrue and become payable by each

employer for each calendar year in which the employer is subject to

the Employment Security Act of 1980, with respect to wages for

employment. Such contributions shall become due and be paid by each

employer to the Oklahoma Employment Security Commission for the

Unemployment Compensation Fund in accordance with such rules as the

Commission may prescribe, and shall not be deducted, in whole or in

part, from the wages of individuals in the employer's employ.

B. In the payment of any contributions, a fractional part of a

cent shall be disregarded unless it amounts to one-half cent

($0.005) or more, in which case it shall be increased to one cent

($0.01).

C. Each employer shall be notified of its contribution rate for

a given calendar year on or before September 30 of the previous

calendar year. The notice shall be mailed to the employer at the

employer's last-known address. If the employer has elected to be

notified by electronic means according to procedures set out in

Oklahoma Employment Security Commission rules, notice shall be

deemed to be given when the Commission transmits the notification by

electronic means. The employer shall file an appeal to the rate

notice within twenty (20) days after the mailing of the notice of

the contribution rate, or the date of transmission by electronic

means. Upon the filing of a timely appeal, the Commission shall

provide for a review and issue a determination to the employer. If

the employer does not file a timely appeal, the contribution rate of

the employer shall become conclusive and binding.

D. Within twenty (20) days after the date of mailing of the

notice of the determination, the employer may file with the

Commission at the address prescribed in the notice the employer's

specific written objections to the contribution rate so determined.

The matter will be heard upon those specific written objections by a

representative appointed by the Commission. The decision shall be

Oklahoma Statutes - Title 40. Labor Page 108

made in writing and notice shall be mailed to the employer. The

employer may appeal to the district court by filing a petition for

review with the clerk of that court within thirty (30) days after

the date of mailing stated upon the notice of decision.
Okla. Stat. tit. 40, § 40-142.3 — OK Code / Title 40 / Section 40-142.3
Short title - Alternative Fuels Technician Certification
Status: in_force

Act.

This act shall be known and may be cited as the "Alternative

Fuels Technician Certification Act".
Okla. Stat. tit. 40, § 40-2-303 — OK Code / Title 40 / Section 40-2-303
Assignments void, exemption from process
Status: in_force

ASSIGNMENTS VOID, EXEMPTION FROM PROCESS.

No assignment, pledge, or encumbrance of any right to benefits

which are or may become due or payable under the Employment Security

Act of 1980 shall be valid. All such rights to benefits shall be

exempt from levy, execution, attachment, or any other remedy

whatsoever provided for the collection of debt. Benefits received

by an individual, so long as they are not mingled with other funds

of the recipient, shall be exempt from any remedy whatsoever for the

collection of all debts during the time the individual was

unemployed, except debts for child support obligations pursuant to

Section 2-801 of this title, and debts created due to food purchase

assistance overissuances for which the individual is liable pursuant

to Section 2-803 of this title. Benefits shall be subject to tax

levies issued by the Internal Revenue Service in accordance with 26

U.S.C., Section 6331(h) provided an agreement is entered into

between the Internal Revenue Service and the Oklahoma Employment

Security Commission, and approved by the United States Department of

Labor, that provides for the payment of all administrative costs

associated with processing the tax levies. No waiver of any

exemption provided for in this section shall be valid.
Okla. Stat. tit. 40, § 40-179 — OK Code / Title 40 / Section 40-179
Railroad repair tracks to be sheltered
Status: in_force

It shall be unlawful for any railroad, corporation, or other

person, who owns, controls or operates any lines of railroad in the

state, to build, construct or repair railroad equipment without

first erecting and maintaining at every division point a building or

shed over the repair tracks; same to be provided with a floor where

such construction or repair is permanently done, so as to provide

that all men employed in the construction and repair of cars,

trucks, and other railroad equipment, shall be under shelter during

snows, sleet, rain, and other inclement weather.
Okla. Stat. tit. 40, § 40-142.8 — OK Code / Title 40 / Section 40-142.8
Certificate - Qualifications - Transfer or loan of
Status: in_force

certificate - Standards for storage and handling of liquefied

petroleum gases and for electric vehicle charge stations.

A. The Department of Labor shall issue a certificate as an

alternative fuels equipment technician to any person who:

1. Has been licensed by the Oklahoma Liquefied Petroleum Gas

Board and has successfully passed the appropriate examination as

provided in the Alternative Fuels Technician Certification Act or

has been certified by the Committee as either having successfully

passed the appropriate examination or having a valid license or

certificate issued by another governmental entity with licensing or

certification requirements similar to those provided in the

Alternative Fuels Technician Certification Act; and

2. Has paid the certification fee and otherwise complied with

the provisions of the Alternative Fuels Technician Certification

Act.

Oklahoma Statutes - Title 40. Labor Page 233

B. The Department of Labor shall issue a certificate as an

alternative fuels compression technician to any person who:

1. Has successfully passed the appropriate examination as

provided in the Alternative Fuels Technician Certification Act or

has been certified by the Committee as having a valid license or

certificate issued by another governmental entity with licensing or

certification requirements similar to those provided in the

Alternative Fuels Technician Certification Act; and

2. Has paid the certification fee and otherwise complied with

the provisions of the Alternative Fuels Technician Certification

Act.

C. The Department of Labor shall issue a certificate as an

electric vehicle technician to any person who:

1. Has been certified by the Committee as either having

successfully passed the appropriate examination or having a valid

license or certificate issued by another governmental entity with

licensing or certification requirements similar to those provided in

the Alternative Fuels Technician Certification Act; and

2. Has paid the certification fee and otherwise complied with

the provisions of the Alternative Fuels Technician Certification

Act.

D. In the case of a company, partnership or corporation engaged

in the business of installing, servicing, repairing, modifying or

renovating equipment used in the conversion of engines to engines

fueled by alternative fuels, a separate certificate shall be issued

by the Department of Labor to that individual company, partnership

or corporation. This certificate is for the express purpose of

recognizing that the company, partnership or corporation is an

authorized alternative fuels conversion business and employs state-

certified alternative fuels equipment technicians. Any violations

by a certified alternative fuels equipment technician shall be

deemed a violation by the certified company, partnership or

corporation employing such certified technician. A company,

partnership or corporation engaged in the business of installing,

servicing, repairing, modifying or renovating equipment used in the

conversion of engines to engines fueled by alternative fuels shall

provide the Department of Labor with proof of liability insurance

with limits of not less than One Million Dollars ($1,000,000.00)

general liability.

E. In the case of a company, partnership or corporation engaged

in the business of installing, servicing, repairing, modifying or

renovating fill stations, a separate certificate shall be issued by

the Department of Labor to that individual company, partnership or

corporation. This certificate is for the express purpose of

recognizing that the company, partnership or corporation is an

authorized fill-station installation business and employs state-

certified alternative fuels compression technicians or electric

Oklahoma Statutes - Title 40. Labor Page 234

vehicle technicians. Any violations by a certified alternative

fuels compression technician or electric vehicle technician shall be

deemed a violation by the certified company, partnership or

corporation employing such certified technician. A company,

partnership or corporation engaged in the business of installing,

servicing, repairing, modifying or renovating fill stations shall

provide the Department of Labor with proof of liability insurance

with limits of not less than One Million Dollars ($1,000,000.00)

general liability.

F. In conjunction with subsection A of this section, the

Department of Labor shall issue an Alternative Fuels Equipment

Installation Certification to any public entity or private company,

partnership or corporation that operates commercial, private or

public fleets of vehicles and employs ten or more auto service

technicians per location. The certification shall be based on the

ability of the applicant to provide their own alternative fuels

equipment technician training program which shall be certified by

the Department of Labor, Committee of Alternative Fuels Technician

Examiners. This subsection shall not apply to allow certification

of any alternative fuels compression technician training programs.

G. All alternative fuels equipment technician certificates,

alternative fuels compression technician certificates, and electric

vehicle technician certificates shall be nontransferable and it

shall be unlawful for any person certified pursuant to the

provisions of the Alternative Fuels Technician Certification Act to

loan or allow the use of such certificate by any other person,

except as specifically provided in the Alternative Fuels Technician

Certification Act.

H. The standards for the storage and handling of liquefied

petroleum gases in the codes adopted by the Oklahoma Uniform

Building Code Commission pursuant to the Oklahoma Uniform Building

Code Act shall be the accepted codes and standards for this state.

The standards for the installation of compressed natural gas

vehicular fuel systems adopted by the National Fire Protection

Association and published in its Pamphlet No. 52 shall be the

accepted standards for this state. The accepted standards for this

state for electric vehicle charge stations shall be the codes

adopted by the Oklahoma Uniform Building Code Commission. The

standards for the design, construction, installation, repair, use

and inspection of alternative fuel fueling stations, including

residential fueling appliances and facilities, in the codes adopted

by the Oklahoma Uniform Building Code Commission pursuant to the

Oklahoma Uniform Building Code Commission Act shall be the accepted

codes and standards for this state. The Commissioner of Labor is

authorized, and it shall be the duty of the Commissioner to adopt

and promulgate such rules or specifications relating to safety in

the manufacture, assembly, sale, installation and use of vehicular

Oklahoma Statutes - Title 40. Labor Page 235

alternative fuel systems. The Commissioner of Labor is further

authorized to modify or amend such rules or specifications as he or

she deems reasonable and necessary.

I. The Department of Labor may issue an alternative fuels

trainee certificate to any person who submits a trainee application

to the Department within fifteen (15) business days of being hired

by a licensed alternative fuels conversion company. An alternative

fuels trainee shall be employed by a licensed alternative fuels

conversion company located in Oklahoma. A trainee shall work under

the direct supervision of a licensed alternative fuels equipment

technician. There shall be no more than two alternative fuels

trainees per licensed alternative fuels equipment technician at any

licensed Oklahoma alternative fuels conversion company at any one

time. An individual that holds a trainee license may engage in any

licensed category pursuant to the Alternative Fuels Technician

Certification Act while under the direct supervision of an

individual holding the appropriate license in the category of

activity being performed.

J. The Department of Labor may issue an alternative fuels

compression trainee certificate to any person who submits a trainee

application to the Department within fifteen (15) business days of

being hired by a licensed alternative fuels fill-station

installation business. An alternative fuels compression trainee

shall be employed by a licensed alternative fuels fill-station

installation business located in Oklahoma. A trainee shall work

under the direct supervision of a licensed alternative fuels

compression technician. There shall be no more than two alternative

fuels compression trainees per licensed alternative fuels

compression technician at any licensed Oklahoma alternative fuels

fill-station installation business or the job site or sites of any

such alternative fuels fill-station installation business at any one

time. An individual who holds a trainee license may engage in any

licensed category pursuant to the Alternative Fuels Technician

Certification Act while under the direct supervision of an

individual holding the appropriate license in the category of

activity being performed.
Okla. Stat. tit. 40, § 40-2-422 — OK Code / Title 40 / Section 40-2-422
Seasonal workers and employers
Status: in_force

A. Unemployment benefits based on services by a seasonal worker

performed in seasonal employment are payable only for weeks of

unemployment that occur during the normal seasonal work period.

Benefits shall not be paid based on services performed in seasonal

employment for any week of unemployment that begins during the

period between two (2) successive normal seasonal work periods to

any individual if that individual performs the service in the first

of the normal seasonal work periods and if there is a reasonable

assurance that the individual will perform the service for a

seasonal employer in the second of the normal seasonal work periods.

The notice of reasonable assurance shall be given by the employer to

the employee in writing on or before the last day of work in the

season. If benefits are denied to an individual for any week solely

as a result of this section and the individual is not offered an

opportunity to perform in the second normal seasonal work period for

which reasonable assurance of employment had been given, the

individual is entitled to a retroactive payment of benefits under

this section for each week that the individual previously filed a

timely claim for benefits. An individual may apply for any

retroactive benefits under this section in accordance with the

provisions of Article 2 of the Employment Security Act of 1980.

B. If an individual has been employed by a nonseasonal employer

during the base period of the individual's benefit year, the

individual may become eligible for benefits during that between-

season denial period based only on the wages of the nonseasonal

employment.

C. Not less than twenty (20) days before the estimated

beginning date of a normal seasonal work period, an employer may

apply to the Commission in writing for designation as a seasonal

employer. At the time of application, the employer shall

conspicuously display a copy of the application on the employer's

premises. Within ninety (90) days after receipt of the application,

the Commission shall determine if the employer is a seasonal

employer. The employer may appeal this decision pursuant to the

provisions of Section 3-115 of this title. A determination of the

Commission concerning the status of an employer as a seasonal

employer, or the decision of the Assessment Board or a court of this

state through the administrative appeal process, which has become

final, may be introduced in any proceeding involving a claim for

benefits, and the facts found and decision issued in the

determination or decision shall be conclusive unless substantial

Oklahoma Statutes - Title 40. Labor Page 75

evidence to the contrary is introduced by or on behalf of the

claimant.

D. If the employer is determined to be a seasonal employer, the

employer shall give notice to each employee of the employer's status

as a seasonal employer and the beginning and ending dates of the

employer's normal seasonal work periods, and this notice shall be

given to the employee within the first seven (7) days of employment.

On or before the last day of work in the season, if the employer

intends to issue a notice of reasonable assurance of employment for

the next season, the employer shall also give notice to each

employee advising that the employee shall timely file an initial

application for unemployment benefits at the end of the current

seasonal work period and file timely weekly continued claims

thereafter to preserve the employee's right to receive retroactive

unemployment benefits if such employee is not reemployed by the

seasonal employer in the subsequent normal seasonal work period.

The notice must be on a separate document written in clear and

concise language that states these provisions. Failure of the

employer to give adequate notice as required by this subsection will

result in the termination of the employer as a seasonal employer

under subsection E of this section and the allowance of any claim in

which the claimant did not receive the required notice.

E. The Commission may issue a determination terminating an

employer's status as a seasonal employer on the Commission's own

motion for good cause, or upon the written request of the employer.

The effective date of a termination determination under this

subsection shall be set by the Commission. A determination under

this subsection may be appealed pursuant to the provisions of

Section 3-115 of this title.

F. An employer whose status as a seasonal employer is

terminated under subsection E of this section shall not reapply for

a seasonal employer status determination until after a regularly

recurring normal seasonal work period has begun and ended.

G. If a seasonal employer informs an employee who received

assurance of being rehired that, despite the assurance, the employee

will not be rehired at the beginning of the employer's next normal

seasonal work period, this section does not prevent the employee

from receiving unemployment benefits in the same manner and to the

same extent he or she would receive benefits under the Employment

Security Act of 1980 from an employer who has not been determined to

be a seasonal employer.

H. A successor of a seasonal employer is considered to be a

seasonal employer unless the successor provides the Commission,

within one hundred twenty (120) days after the transfer, with a

written request for termination of its status as a seasonal employer

in accordance with subsection E of this section.

Oklahoma Statutes - Title 40. Labor Page 76

I. At the time an employee is hired by a seasonal employer, the

employer shall notify the employee in writing if the employee will

be a seasonal worker. The employer shall provide the worker with

written notice of any subsequent change in the employee's status as

a seasonal worker. If an employee of a seasonal employer is denied

benefits because that employee is a seasonal worker, the employee

may contest that designation by filing an appeal pursuant to the

provisions of Part 6 of Article 2 of the Employment Security Act of

1980.

J. As used in this section:

1. "Construction industry" means the work activity designated

in Sector Group 23 – Construction of the North American Industrial

Classification System (NAICS) published by the Executive Office of

the President, Office of Management and Budget, 2017 edition;

2. "Normal seasonal work period" means that period, or those

periods, of time during which an individual is employed in seasonal

employment, as determined by the Commission;

3. "Seasonal employment" means the employment of one or more

individuals primarily hired to perform services during regularly

recurring periods of twenty-six (26) weeks or less in any fifty-two-

week period other than services in the construction industry;

4. "Seasonal employer" means an employer, other than an

employer in the construction industry, who applies to the Commission

for designation as a seasonal employer and whom the Commission

determines to be an employer whose operations and business require

employees engaged in seasonal employment; and

5. "Seasonal worker" means a worker who has been paid wages by

a seasonal employer for work performed only during the normal

seasonal work period.
Okla. Stat. tit. 40, § 40-1-209A — OK Code / Title 40 / Section 40-1-209A
Renumbered as § 1-209.1 of this title by Laws 2006, c
Status: in_force

176, § 29, eff. July 1, 2006.
Okla. Stat. tit. 40, § 40-3-708 — OK Code / Title 40 / Section 40-3-708
Delinquent payments
Status: in_force

DELINQUENT PAYMENTS. If the Commission finds that any

organization, instrumentality of the state or its political

subdivisions, including public trusts, has become delinquent with

payments required under the act and following the Commission's

written request for such payment, has for sixty (60) days or more

thereafter refused or failed to pay amounts due and required under

this act, the Commission shall notify the State Budget Director of

Oklahoma Statutes - Title 40. Labor Page 157

such delinquency and total amount due. The Budget Director shall

authorize payment of such amounts from any funds deposited with the

State Treasurer, which would otherwise be due from the state to such

organization, instrumentality or political subdivision.
Okla. Stat. tit. 40, § 40-196.3 — OK Code / Title 40 / Section 40-196.3
Unconstitutional – Repealed
Status: repealed

NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.

1991, §§ 196.1 through 196.14) was held unconstitutional in the case

of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,

Okla., 918 P.2d 26 (1995).

NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,

2015.
Okla. Stat. tit. 40, § 40-4-510 — OK Code / Title 40 / Section 40-4-510
Commission may request examination of return of national
Status: in_force

bank.

COMMISSION MAY REQUEST EXAMINATION OF RETURN OF NATIONAL BANK.

The Commission may request the Comptroller of the Currency of the

United States to cause an examination of the correctness of any

Oklahoma Statutes - Title 40. Labor Page 178

return or report of any national banking association rendered

pursuant to the provisions of this act, and may in connection with

such request transmit any such report or return to the Comptroller

of the Currency of the United States as provided in Section 1606(c)

of the Federal Internal Revenue Code.
Okla. Stat. tit. 40, § 40-142.4 — OK Code / Title 40 / Section 40-142.4
Legislative intent
Status: in_force

It is the intent of the Oklahoma Legislature that the State

Board of Career and Technology Education develop curriculum for the

training of technicians for the installation and conversion of

engines to be fueled by alternative fuels as the technologies are

developed. It is further the intent of the Oklahoma Legislature

that Oklahoma State University Institute of Technology-Okmulgee

develop curriculum for the training of technicians for the

installation, service, modification, repair or renovation of fill

stations. It is further the intent of the Oklahoma Legislature to

enact legislation which promotes the development of technology in a

manner that ensures the health and safety of the citizens of this

state.
Okla. Stat. tit. 40, § 40-3-610 — OK Code / Title 40 / Section 40-3-610
Management of funds of unemployment trust fund
Status: in_force

MANAGEMENT OF FUNDS OF UNEMPLOYMENT TRUST FUND. If and when the

unemployment trust fund in the Treasury of the United States, ceases

to exist, or such separate book account of the unemployment trust

fund is no longer maintained, all moneys belonging to the

unemployment compensation fund of this state shall be administered

by the Commission as a trust fund for the purpose of paying benefits

under this act, and the Commission shall have authority to hold,

invest, transfer, sell, deposit, and release such moneys, and any

properties, securities, or earnings acquired as an incident to such

administration; provided, that such moneys shall be invested in the

following readily marketable classes of securities: Bonds or other

interest-bearing obligations of the United States of America or

guaranteed both as to interest and principal by the United States;

provided further, that such investment shall at all times be so made

that all the assets of the fund shall always be readily convertible

into cash when needed for the payment of benefits. The Treasurer

shall dispose of securities or other properties belonging to the

unemployment compensation fund only under the direction of the

Commission.
Okla. Stat. tit. 40, § 40-165.2a — OK Code / Title 40 / Section 40-165.2a
Administrative fine
Status: in_force

The Commissioner of Labor or designee is hereby authorized to

assess an administrative fine of Five Hundred Dollars ($500.00)

against an employer operating in this state who is found to have

violated Sections 165.1 through 165.11 of Title 40 of the Oklahoma

Oklahoma Statutes - Title 40. Labor Page 246

Statutes if such violations occur on two or more occasions within

any six-month period. All administrative fines collected pursuant

to this section shall be deposited to the Department of Labor

Revolving Fund.
Okla. Stat. tit. 40, § 40-2-414 — OK Code / Title 40 / Section 40-2-414
Pregnant women not disqualified
Status: in_force

PREGNANT WOMEN NOT DISQUALIFIED. Nothing in this act shall

prohibit pregnant women, who otherwise qualify for benefits under

this title, from receiving said benefits for the full number of

weeks to which they are entitled.
Okla. Stat. tit. 40, § 40-800 — OK Code / Title 40 / Section 40-800
Occupational Licensing Review Act
Status: in_force

This act shall be known and may be cited as the "Occupational

Licensing Review Act".
Okla. Stat. tit. 40, § 40-196.7 — OK Code / Title 40 / Section 40-196.7
Unconstitutional – Repealed
Status: repealed

NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.

1991, §§ 196.1 through 196.14) was held unconstitutional in the case

of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,

Okla., 918 P.2d 26 (1995).

NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,

2015.
Okla. Stat. tit. 40, § 40-197.4 — OK Code / Title 40 / Section 40-197.4
Definitions
Status: in_force

As used in this act:

(a) "Commissioner" means the Commissioner of Labor;

(b) "Wage" means compensation due to an employee by reason of

his employment, payable in legal tender of the United States or

checks on banks convertible into cash on demand at full face value,

subject to such deductions, charges or allowances as may be

permitted by law;

(c) "Employ" includes to suffer or to permit to work;

(d) "Employer" means any individual, partnership, association,

corporation, business trust, or any person or group of persons,

hiring more than ten full-time employees or equivalent at any one

location or place of business; provided, however, if an employer has

less than ten full-time employees or equivalent at any one location

or place of business but does a gross business of more than One

Oklahoma Statutes - Title 40. Labor Page 267

Hundred Thousand Dollars ($100,000.00) annually, said employer shall

not be exempt under the provisions of this act.

This act shall not apply to employers subject to the Fair Labor

Standards Act of 1938, as amended, and who are paying the minimum

wage under the provisions of said act, nor to employers whose

employees are exempt under paragraph (e) of this section.

(e) "Employee" includes any individual employed by an employer

but shall not include:

(1) An individual employed on a farm, in the employ of

any person, in connection with the cultivation of the soil, or in

connection with raising or harvesting any agricultural commodity,

including raising, shearing, feeding, caring for, training, and

management of livestock, bees, poultry, and furbearing animals and

wildlife, or in the employ of the owner or tenant or other operator

of a farm in connection with the operation, management,

conservation, improvement or maintenance of such farm and its tools

and equipment;

(2) Any individual employed in domestic service in or

about a private home;

(3) Any individual employed by the United States

government;

(4) Any individual working as a volunteer in a

charitable, religious or other nonprofit organization;

(5) Any newspaper vendor or carrier;

(6) Any employee of any carrier subject to regulation by

Part I of the Interstate Commerce Act;

(7) Any employee of any employer who is subject to the

provisions of any Federal Fair Labor Standards Act or to any Federal

Wage and Hour Law now in effect or enacted hereafter; and who is

paying the minimum wage under the provisions of this act;

(8) Any employee employed in a bona fide executive,

administrative or professional capacity, or in the capacity of

outside salesman;

(9) Any person employed as part-time employee not on

permanent status. A part-time employee is defined as an employee

who is employed less than twenty-five (25) hours a week;

(10) Any person who is less than eighteen (18) years of

age and is not a high school graduate or a graduate of a vocational

training program, and any person who is less than twenty-two (22)

years of age and who is a student regularly enrolled in a high

school, college, university or vocational training program;

(11) Any individual employed in a feedstore operated

primarily for the benefit and use of farmers and ranchers; or

(12) Any individual working as a reserve force deputy

sheriff.

Oklahoma Statutes - Title 40. Labor Page 268
Okla. Stat. tit. 40, § 40-165.11 — OK Code / Title 40 / Section 40-165.11
Failure to pay benefits or furnish wage supplements
Status: in_force

pursuant to agreements.

A. In addition to any other penalty or punishment otherwise

prescribed by law, any employer who is a voluntary party to or

subject to a bona fide written agreement to pay or provide benefits

or wage supplements to employees or to a third party or fund for the

benefit of employees and who willfully fails, neglects or refuses to

pay the amount or amounts necessary to provide such benefits or

Oklahoma Statutes - Title 40. Labor Page 250

furnish such supplements within thirty (30) days after such payments

are required to be made by law or by agreement, shall be guilty of a

misdemeanor, and each such failure to make payment as required

herein shall constitute a separate offense. Where such employer is

a corporation, the president, secretary, treasurer or officers

exercising corresponding functions shall each be guilty of a

misdemeanor.

B. As used in this section, the term "benefits or wage

supplements" includes, but is not limited to, reimbursement for

expenses as agreed prior to contracting said expenses; health,

welfare and retirement benefits; and vacation, separation or holiday

pay.
Okla. Stat. tit. 40, § 40-3-500 — OK Code / Title 40 / Section 40-3-500
Levy on accounts
Status: in_force

LEVY ON ACCOUNTS.

As used in Part 5 of Article 3 of the Employment Security Act of

1980:

1. "Bank" means any state bank or banking association, national

bank or banking association, savings and loan company, credit union,

or any other financial institution;

2. "Bank account" means any checking or savings account the tax

debtor has with any bank;

Oklahoma Statutes - Title 40. Labor Page 144

3. “Contract proceeds” means any payment or exchange of assets

due to a tax debtor from any contract the tax debtor is a party to

or a beneficiary of;

4. “Contracting entity” means any person, partnership,

corporation, limited liability company or legal entity of any kind

that owes money to a tax debtor due to the provisions of a contract

the entity is bound by;

5. “Earnings” means any form of payment to any individual

including, but not limited to, salary, wages, commissions, or other

compensation;

6. “Employer” means any person, partnership, corporation,

limited liability company or legal entity of any kind that owes

earnings to a tax debtor; and

7. “Tax debtor” means any person, partnership, corporation,

limited liability company or legal entity of any kind that owes the

Oklahoma Employment Security Commission any amount for delinquent

state unemployment taxes, interest, penalties, fees or surcharge.
Okla. Stat. tit. 40, § 40-3-113 — OK Code / Title 40 / Section 40-3-113
Conditional factors
Status: in_force

CONDITIONAL FACTORS.

For each calendar year commencing after December 31, 2006,

except for those employers with a benefit wage ratio of zero (0) and

as otherwise provided in this section, the contribution rate for

each employer for the calendar year shall be increased, in the

circumstances and in the amounts as follows:

(1) - Condition “a” - If the balance of the unemployment

compensation fund is less than three and one-half (3 1/2) times, but

not less than three (3) times, the net benefits paid for the most

recent twenty (20) consecutive completed calendar quarters divided

by five (5), on July 1 of any given year, the contribution rate for

the next calendar year for each employer whose benefit wage ratio

with respect to that year is zero percent (0%) shall be increased by

one-tenth of one percent (1/10 of 1%) of wages paid by the employer

during the year; the contribution rate for each employer whose

benefit rate wage ratio with respect to that year is more than zero

percent (0%), but not more than one-tenth of one percent (1/10 of

1%), shall be increased by two-tenths of one percent (2/10 of 1%) of

wages paid by the employer during the year and the contribution rate

for each employer whose benefit wage ratio with respect to that year

is more than one-tenth of one percent (1/10 of 1%), shall be

delineated on the Conditional Factor Rate table as provided in

Section 3-109 of this title in the “A” row for the applicable

taxable wage ratio.

(2) - Condition “b” - If the balance of the unemployment

compensation fund is less than three (3) times, but not less than

two and one-half (2 1/2) times, the net benefits paid for the most

recent twenty (20) consecutive completed calendar quarters divided

by five (5), as of July 1 of any given year, the contribution rate

for the next calendar year for each employer whose benefit wage

ratio with respect to that year is zero percent (0%) shall be

increased by one-tenth of one percent (1/10 of 1%) of wages paid by

the employer during that year; the contribution rate for each

employer whose benefit wage ratio with respect to that year is more

than zero percent (0%), but not more than one-tenth of one percent

(1/10 of 1%), shall be increased by two-tenths of one percent (2/10

of 1%) of wages paid by the employer during that year; and the

Oklahoma Statutes - Title 40. Labor Page 125

contribution rate for each employer whose benefit wage ratio with

respect to that year is more than one-tenth of one percent (1/10 of

1%), shall be delineated on the Conditional Factor Rate table as

provided in Section 3-109 of this title in the “B” row for the

applicable taxable wage ratio.

(3) - Condition “c” - If the balance of the unemployment

compensation fund is less than two and one-half (2 1/2) times, but

not less than two (2) times, the net benefits paid for the most

recent twenty (20) consecutive completed calendar quarters divided

by five (5), as of July 1 of any given year, the contribution rate

for the next calendar year for each employer whose benefit wage

ratio with respect to that year is zero percent (0%) shall be

increased by one-tenth of one percent (1/10 of 1%) of wages paid by

the employer during that year; the contribution rate for each

employer whose benefit wage ratio with respect to that year is more

than zero percent (0%), but not more than one-tenth of one percent

(1/10 of 1%), shall be increased by three-tenths of one percent

(3/10 of 1%) of wages paid by the employer during that year; and the

contribution rate for each employer whose benefit wage ratio with

respect to that year is more than one-tenth of one percent (1/10 of

1%), shall be delineated on the Conditional Factor Rate table as

provided in Section 3-109 of this title in the “C” row for the

applicable taxable wage ratio.

(4) - Condition “d” - If the balance of the unemployment

compensation fund is less than two (2) times the net benefits paid

for the most recent twenty (20) consecutive completed calendar

quarters divided by five (5), as of July 1 of any given year, the

contribution rate for the next calendar year for each employer whose

benefit wage ratio with respect to that year is zero percent (0%)

shall be increased by two-tenths of one percent (2/10 of 1%) of

wages paid by the employer during that year; the contribution rate

for each employer whose benefit wage ratio with respect to that year

is more than zero percent (0%), but not more than one-tenth of one

percent (1/10 of 1%), shall be increased by five-tenths of one

percent (5/10 of 1%) of wages paid by the employer during that year;

the contribution rate for each employer whose benefit wage ratio

with respect to that year is more than one-tenth of one percent

(1/10 of 1%), shall be delineated on the Conditional Factor Rate

table as provided in Section 3-109 of this title in the “D” row for

the applicable taxable wage ratio.

(5) The contribution rate, excluding any surcharge, for an

employer whose contribution rate is three and four-tenths percent

(3.4%) or more shall not be increased by more than two (2)

percentage points in any two (2) consecutive years. The

contribution rate, excluding any surcharge, for an employer whose

contribution rate is less than three and four-tenths percent (3.4%)

Oklahoma Statutes - Title 40. Labor Page 126

shall not be increased to more than five and four-tenths percent

(5.4%) in one (1) year.

For the purposes of this section “net benefits paid for the most

recent twenty (20) consecutive completed calendar quarters” means

the total amount of monies withdrawn from this state’s account in

the unemployment trust fund in the United States Treasury for each

of the most recent twenty (20) consecutive completed calendar

quarters, plus the balance in the benefit account at the start of

the period, less the balance in the benefit account at the end of

the period. The contribution rate for those employers with a

benefit wage ratio of zero (0) shall be two-tenths of one percent

(2/10 of 1%) during those years when the fund is in conditions “a”,

“b”, and “c”, and shall be three-tenths of one percent (3/10 of 1%)

during those years when the fund is in condition “d”.

(6) Beginning January 1, 1996, except for this paragraph and

paragraph (7) of this section, the provisions of this section shall

be suspended until the Unemployment Trust Fund reaches a High Cost

Multiple of one and one-fourth (1 1/4). The Oklahoma Employment

Security Commission shall determine the High Cost Multiple at the

end of each calendar year and shall include the result of its

computation in a regularly published periodical together with other

employment-related data. As used in this section, “High Cost

Multiple” shall be a figure computed as follows:

(a) first, net fund reserves in the Unemployment

Compensation Fund as of the date of each computation

required by this section shall be divided by total

wages earned in insured employment for the twelve (12)

months preceding the date of the quarterly High Cost

Multiple computation,

(b) second, the result of the computation from

subparagraph (a) of this paragraph shall be divided by

a figure which is a quotient derived from the

computation of the High-Cost Rate contained in

subparagraph (c) of this paragraph, and

(c) third, the highest ratio of total state benefit

payments experienced previously in any twelve (12)

consecutive months to total wages earned in insured

employment for the same period shall be the High-Cost

Rate.

The result of all computations contained in subparagraphs (a)

through (c) of this paragraph, performed in the sequence as

specified in this section, shall be known as the High Cost Multiple.

(7) Prior to the beginning of each calendar year, the

Commission shall prepare an estimate of the financial condition of

the trust fund. If the estimate for the year shows the balance, at

any time during the year, will fall below the High Cost Multiple as

Oklahoma Statutes - Title 40. Labor Page 127

defined in paragraph (6) of this section, then the Commission shall

reinstate the suspended provisions of this section.
Okla. Stat. tit. 40, § 40-900 — OK Code / Title 40 / Section 40-900
Short title — Oklahoma Workforce Transformation Act
Status: in_force

This act shall be known and may be cited as the “Oklahoma

Workforce Transformation Act”.
Okla. Stat. tit. 40, § 40-3-508 — OK Code / Title 40 / Section 40-3-508
Appointment of receiver
Status: in_force

APPOINTMENT OF RECEIVER. Upon a proper showing in any action

under Section 3-507 that contributions are in danger of being lost

or rendered uncollectible by reason of the mismanagement,

dissipation or concealment of the property by the taxpayer and a

request for the appointment of a receiver for the management of the

taxpayer is made, a receiver shall be appointed.
Okla. Stat. tit. 40, § 40-184 — OK Code / Title 40 / Section 40-184
Damages
Status: in_force

The fact that the employee, entering such steam boiler, firebox,

or smoke chamber, had knowledge of the unsafe condition of such

steam boiler and danger in so doing, and meeting with an accident,

shall not deprive him of a right of action against such employer for

Oklahoma Statutes - Title 40. Labor Page 260

damages, and should said accident result in the death of such

employee, then the wife, or next of kin, shall have a right of

action against such employer for any damages she, they, or the

estate of such deceased employee, may sustain by reason of the death

of such employee, which action may be commenced in any court of

competent jurisdiction.
Okla. Stat. tit. 40, § 40-3-106 — OK Code / Title 40 / Section 40-3-106
Benefit wages charged and relief therefrom
Status: in_force

BENEFIT WAGES CHARGED AND RELIEF THEREFROM.

A. The Oklahoma Employment Security Commission shall give

notice to each base period employer after the claimant has been

issued his or her fifth week of benefits by the Commission or after

the Commission receives notice of the amounts paid as benefits by

another state under a reciprocal arrangement. This notice shall

give the name and Social Security number of the claimant, the date

the claim was filed, and the amount of benefit wages charged to the

employer in each quarter of the base period.

B. Within twenty (20) days from the date stated on the notice,

the employer may file an objection to being charged benefit wages as

set forth in subsection G of this section. The employer's written

objection must set forth specifically:

1. The date employment was terminated;

2. Specific details of the termination including the reason

given by the individual for voluntarily leaving the employment, or

the nature of the misconduct for discharge;

Oklahoma Statutes - Title 40. Labor Page 109

3. Specific details of the regular scheduled part-time or full-

time employment of the employee including the starting date, and

ending date if any, of the continuous period of employment; and

4. Other information as called for by the notice.

C. Upon receipt of the employer's objection, the Commission

shall make a determination and notify the employer as to whether or

not the employer is entitled to be relieved from benefit wage

charges. Additionally, the twenty-day time period for filing an

objection as provided for in subsection B of this section may be

waived for good cause shown.

D. Within twenty (20) days after the issuing of the

determination provided for in subsection C of this section, the

employer may file with the Assessment Board a protest to the

determination and request an oral hearing de novo to present

evidence in support of its protest. The Assessment Board shall

advise the employer of the date of the hearing, which shall not be

less than ten (10) days from the date of notice. At the discretion

of the Commission, this hearing shall be conducted by the Assessment

Board. After the hearing, the Assessment Board shall notify the

employer of its findings.

E. If any employer does not file a timely appeal of the

determination to the Assessment Board, the determination shall be

final.

F. The employer or the Commission may appeal the Assessment

Board's order of the Commission or its representative to the

district court by filing a petition for review with the district

court clerk within thirty (30) days after the date the order was

issued to all parties.

G. The benefit wages charged to an employer for a given

calendar year shall be the total of the benefit wages stated in the

notices given to the employer. Provided, that an employer shall be

relieved of a benefit wage charge if the employer proves to the

satisfaction of the Commission that the benefit wage charge includes

wages paid by the employer to any employee or former employee, who:

1. Voluntarily left employment without good cause connected to

the work;

2. Was discharged from employment for misconduct connected with

his or her work;

3. Was a regular scheduled employee of the separating employer

prior to the week the employee separated from other employment, and

continued to work for the employer through the fifth compensable

week of unemployment of the established benefit year;

4. Was separated from employment as a direct result of a major

natural disaster, declared as such by the President pursuant to the

Disaster Relief Act of 1974, P.L. 93-288, and such employee would

have been entitled to disaster unemployment assistance if he or she

had not received unemployment insurance benefits;

Oklahoma Statutes - Title 40. Labor Page 110

5. Was discharged by an employer for unsatisfactory performance

during an initial employment probationary period. As used in this

paragraph, "probationary period" means a period of time set forth in

an established probationary plan which applies to all employees or a

specific group of employees and does not exceed ninety (90) calendar

days from the first day a new employee begins work. The employee

must be informed of the probationary period within the first seven

(7) work days. There must be conclusive evidence to establish that

the individual was separated due to unsatisfactory work performance;

6. Left employment to attend training approved under the Trade

Act of 1974 and is allowed unemployment benefits pursuant to Section

2-416 of this title; or

7. Was separated from employment for compelling family

circumstances as defined in Section 2-210 of this title.

H. If an employer recalls an employee deemed unemployed as

defined by the Employment Security Act of 1980 and the employee

continues to be employed or the employee voluntarily terminates

employment or is discharged for misconduct within the benefit year,

the employer shall be entitled to have the benefit wage charged

against the employer's experience rating for the employee reduced by

the ratio of the number of weeks of remaining eligibility of the

employee to the total number of weeks of entitlement.

I. An employer shall not be assessed a benefit wage charge of a

laid-off employee if the employer lists as an objection in a

statement filed in accordance with subsection B of this section that

the employee collecting benefits was hired to replace a United

States serviceman or servicewoman called into active duty and laid-

off upon the return to work by that serviceman or servicewoman. The

Unemployment Compensation Fund shall be charged with the benefit

wages of the laid-off employee.

J. If the Commission receives a notice of amounts paid as

benefits by another state under a reciprocal agreement, and the

notice is received after three (3) years from the effective date of

the underlying benefit claim, no benefit wage charge will be made

against the employer identified in the notice, or if a benefit wage

charge is made based on such a notice, the employer will be relieved

of the charge when the facts are brought to the attention of the

Commission.

K. An employer shall not be eligible to be relieved of a

benefit wage charge under paragraphs 1 and 2 of subsection G of this

section if the employer was sent a notice of benefit claim, pursuant

to Section 2-503 of this title, and failed to timely file protest to

the benefit claim.
Okla. Stat. tit. 40, § 40-77 — OK Code / Title 40 / Section 40-77
Schooling certificates - Duties of employers
Status: in_force

Before any child under the age of sixteen (16) years shall be

employed in any occupation specified in Section 71 of this title, it

shall be the duty of the parent or guardian of such child to procure

and furnish the employer of such child an age and schooling

certificate as hereinafter provided in this article. It shall be

the duty of every person, firm or corporation owning or operating

any of the establishments specified in Section 71 of this title, or

employers in such occupation, to keep on file for the inspection of

the Commissioner or his designee, truant officers, or other persons

charged with the administration of this article, such age and

schooling certificate, for every child under sixteen (16) years of

age employed in such occupation, and to keep on file where such

children are employed a register with a complete list of children

under sixteen (16) years of age so employed, together with the age

of each child as set forth in the age and schooling certificate

opposite the name of such child, and also to keep on file in such

place or establishment, in such form as the Commissioner or his

designee may prescribe, the time of opening and closing of such

factory or other establishment, the number of hours of labor

required or permitted in such establishment, the hours of commencing

and stopping work, and the time allowed for meals, and, if there be

two or more shifts in such establishment, the number of hours in

each shift during which the employees are required or permitted to

work. On termination of the employment of a child so registered,

and whose certificate is so filed, such certificate shall be

forthwith surrendered by the employer to the child or its parent,

guardian or custodian; provided that this section shall not apply to

the employment of children who are not residents of the State of

Oklahoma, to perform in any duly licensed theatre, motion picture

theatre or other place of public amusement.
Okla. Stat. tit. 40, § 40-197.11 — OK Code / Title 40 / Section 40-197.11
Exceptions
Status: in_force

The Commissioner, to the extent necessary in order to prevent

curtailment of opportunities for employment, shall by regulations

provide for:

(a) the employment of learners, of apprentices, and of

messengers employed primarily in delivering letters and messages,

under special certificates issued pursuant to regulations of the

Commissioner, at such wages lower than the minimum wage applicable

and subject to such limitations as to time, number, proportion, and

length of service as the Commissioner shall prescribe; and

(b) the employment of individuals whose earning capacity is

impaired by age or physical or mental deficiency or injury, under

special certificates issued by the Commissioner, at such wages lower

than the minimum wage and for such period as shall be fixed in such

certificates; and

(c) any individual employed by any state, county, city, town,

municipal corporation or quasi-municipal corporation, political

subdivision, or any instrumentality thereof; and

(d) students and regular attendants at any institution of

higher learning, either public or private.
Okla. Stat. tit. 40, § 40-2-610.1 — OK Code / Title 40 / Section 40-2-610.1
Conclusiveness of proceedings
Status: in_force

Any findings of fact or law, judgment, conclusion or final order

made by the Oklahoma Employment Security Commission, its referees,

the Appeal Tribunal or Board of Review in an unemployment insurance

proceeding shall not be conclusive or binding in any separate or

subsequent action or proceeding, and shall not be used as evidence

in any separate or subsequent action or proceeding, between an

individual and his or her present or prior employer in any other

forum regardless of whether or not the prior action was between the

same or related parties or involved the same facts.
Okla. Stat. tit. 40, § 40-142.5 — OK Code / Title 40 / Section 40-142.5
Definitions
Status: in_force

As used in the Alternative Fuels Technician Certification Act:

1. "Alternative fuels" means liquefied petroleum gas, natural

gas and liquid fuels produced from natural gas, methanol, ethanol,

electricity, coal-derived liquid fuels, hydrogen, biodiesel and

fuels derived from biological materials;

2. "Alternative fuels equipment technician" means any person

who installs, modifies, repairs or renovates equipment used in the

conversion of any engines to engines fueled by alternative fuels.

This includes originally equipped manufactured engines dedicated to

operate on an alternative fuel;

3. "Alternative fuels compression technician" means any person

who installs, services, modifies, repairs or renovates fill

stations;

4. "Committee" means the Committee of Alternative Fuels

Technician Examiners;

5. "Compressed natural gas vehicular fuel system" means an

object or objects mounted, installed, attached or otherwise placed

upon or within a vehicle or vehicle trailer to supply or assist in

the supply of compressed natural gas as a fuel to an internal

combustion engine or engines;

6. "Electric vehicle technician" means any person who installs,

modifies, repairs, performs maintenance on, or renovates onboard

charging systems, motors, controllers, power sources, or the drive

systems of vehicles powered by electricity that is greater than

eighty (80) volts. This includes vehicles originally equipped as

electric vehicles, vehicles converted from gliders, and vehicles

converted from internal combustion engine vehicles;

7. "Fill station" means the equipment and conveyance property

that provides the delivery and, if required, compression of an

alternative fuel other than electricity; and

8. "Glider" means a vehicle built without an engine or fuel

system for the purpose of converting it to an electric vehicle.
Okla. Stat. tit. 40, § 40-2-406 — OK Code / Title 40 / Section 40-2-406
Discharge for misconduct
Status: in_force

DISCHARGE FOR MISCONDUCT.

A. An individual shall be disqualified for benefits if the

individual has been discharged for misconduct connected with the

individual's last work. If discharged for misconduct, the employer

shall have the burden to prove that the employee engaged in

misconduct as defined by this section. Such burden of proof is

satisfied by the employer, or its designated representative,

providing a signed affidavit, or presenting such other evidence

Oklahoma Statutes - Title 40. Labor Page 66

which properly demonstrates the misconduct which resulted in the

discharge. Once this burden is met, the burden then shifts to the

discharged employee to prove that the facts are inaccurate or that

the facts as stated do not constitute misconduct as defined by this

section. Disqualification under this section shall continue for the

full period of unemployment next ensuing after the employee has been

discharged for misconduct connected with the employee's work and

until such individual has become reemployed and has earned wages

equal to or in excess of ten (10) times the weekly benefit amount.

B. Acts which constitute misconduct under this section shall be

limited to the following:

1. Any intentional act or omission by an employee which

constitutes a material or substantial breach of the employee's job

duties or responsibilities or obligations pursuant to the employee's

employment or contract of employment;

2. Unapproved or excessive absenteeism or tardiness;

3. Indifference to, breach of or neglect of the duties required

which result in a material or substantial breach of the employee’s

job duties or responsibilities;

4. Acts or omissions that place in jeopardy the health, life,

or property of self or others;

5. Dishonesty;

6. Wrongdoing;

7. Violation of a law; or

8. A violation of a policy or rule enacted to ensure orderly

and proper job performance or for the safety of self or others.

C. Any misconduct violation as defined in subsection B of this

section shall not require a prior warning from the employer. As

long as the employee knew, or should have reasonably known, that a

rule or policy of the employer was violated, the employee shall not

be eligible for benefits.

D. Any finding by a state or federal agency of any failure by

the employee to meet the applicable civil, criminal or professional

standards of the employee's profession shall create a rebuttable

presumption of such misconduct, and benefits shall be denied, unless

the employee can show, with clear and convincing evidence, that such

misconduct did not occur, or the Commission determines that such

failure did not constitute misconduct as defined herein.
Okla. Stat. tit. 40, § 40-472 — OK Code / Title 40 / Section 40-472
Definitions
Status: in_force

A. As used in this section:

1. “ASTM Standards” means the American Society for Testing of

Materials International (ASTM) standards entitled “Standard Practice

for Ownership and Operation of Amusement Rides and Devices”

Oklahoma Statutes - Title 40. Labor Page 303

currently designated F 770, and any amendments, supplements,

replacements or substitutions therefor;

2. “Operating fact sheet” means a written description and

summary of the manufacturer’s recommended operating instructions and

specifications and the ride operation policies, procedures, safety

procedures and emergency procedures prepared in accordance with the

ASTM Standards;

3. “Amusement ride operator” or “ride operator” means a person

who is physically in control of the starting, stopping and

performance of the amusement ride while in operation; provided

however, ride operator shall not include persons fulfilling

ancillary functions in connection with the amusement ride such as

taking tickets or assisting passengers in loading and unloading;

4. “Amusement ride” means an amusement ride as defined in

Section 461 of Title 40 of the Oklahoma Statutes; provided however,

the term amusement ride shall not include inflatable amusement

devices; and

5. “Inflatable amusement device” means an amusement ride or

device consisting of air-filled structures designed for commercial

use where the public pays a price to rent or use such a device as

specified by the manufacturer, and may include, but not be limited

to, bounce, climb, slide or interactive play. They are made of

flexible fabric, kept inflated by continuous air flow by one or more

blowers and rely upon air pressure to maintain their shape.

B. All amusement rides must be under the control of a competent

ride operator or competent ride operators at all times when the

amusement ride is in operation. The ride operator must have been

issued a certificate of training pursuant to subsection F of this

section evidencing that the ride operator has been trained pursuant

to subsections C and D of this section within one (1) year from the

time of his or her operation of the amusement ride or rides in

question. Each such ride operator must wear a name tag identifying

the ride operator by name and identifying the fact that such person

is a trained ride operator.

C. Each owner/operator shall provide or cause to be provided

training for each ride operator in the safe operation of the

amusement ride being operated. The minimum requirement for training

shall be that specified in the then most current ASTM Standard.

Such training shall include, but not be limited to, the following,

where applicable:

1. Instruction on ride or device operating procedures pursuant

to the operating fact sheet and any manufacturer’s operating manual,

supplements, alerts and bulletins applicable to the amusement ride;

2. Instructions on specific duties of the assigned position;

3. Instructions on general safety procedures;

4. Instructions on emergency procedures; and

5. Demonstration of the physical ride or device operation.

Oklahoma Statutes - Title 40. Labor Page 304

D. Each owner/operator shall ensure that each ride operator on

a ride-specific basis has:

1. Read and understood the operating fact sheet and has

satisfactorily demonstrated with on-the-job training and testing

that such ride operator is competent and understands the operating

fact sheet;

2. Demonstrated how to do pre-startup operational ride checks

and daily maintenance inspection;

3. Demonstrated understanding emergency procedures relating to

the amusement ride in question and has knowledge of use and function

of normal and emergency operating controls; and

4. Demonstrated the physical operation of the amusement ride in

question in a safe and satisfactory manner.

E. Each owner/operator shall maintain written records

evidencing the compliance with subsections C and D of this section

with respect to each ride operator and each amusement ride for which

such operator has been trained. These written records shall be

maintained on the premises where the amusement ride or amusement

rides are being operated and made available upon reasonable request

by Department of Labor amusement ride inspectors.

F. In addition to the written records required pursuant to

subsection E of this section, the owner/operator shall:

1. Provide to each ride operator trained pursuant to

subsections C and D of this section a written certificate stating

that the holder of this certificate has been trained in accordance

with the requirements of this section. This certificate shall be

dated the date on which the training and demonstration of these

skills were completed. The certificate may include additional

amusement rides as to which such ride operator has been trained,

provided that the separate date and location of such training is

specified. Each certificate will indicate the applicant’s name,

address, date of birth and each of the amusement rides such operator

is approved to operate and the signatures of the owner/operator

representative and the ride operator; and

2. Maintain the originals or duplicates of the above

certificate on the premises and available for inspection by

Department of Labor amusement ride inspectors.

G. The Commissioner of Labor may, where there is reasonable

grounds to believe that a ride operator is operating an amusement

ride while under the influence of drugs or alcohol, require such

ride operator to submit for voluntary drug and alcohol testing by a

competent, qualified facility and pursuant to standards and

procedures consistent with operating a motor vehicle in this state.

Failure to submit to a voluntary drug or alcohol test under such

circumstance shall result in the termination of such ride operator’s

certification for a period of ninety (90) days. A positive test for

drugs and alcohol pursuant to the foregoing shall result in a loss

Oklahoma Statutes - Title 40. Labor Page 305

of such certification for a period of at least thirty (30) days and

until the applicant passes a subsequent drug and alcohol test, which

retest shall be at the expense of the applicant.
Okla. Stat. tit. 40, § 40-196.10 — OK Code / Title 40 / Section 40-196.10
Unconstitutional – Repealed
Status: repealed

NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.

1991, §§ 196.1 through 196.14) was held unconstitutional in the case

of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,

Okla., 918 P.2d 26 (1995).

NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,

2015.
Okla. Stat. tit. 40, § 40-600.2 — OK Code / Title 40 / Section 40-600.2
Definitions
Status: in_force

1. “Client” means any person who enters into a coemployment

relationship as a coemployer with a professional employer

organization (PEO);

2. “Coemployer” means either a PEO or a client;

3. “Coemployment relationship” means:

a. as between coemployers, a relationship whereby the

rights, duties and obligations of an employer which

arise out of an employment relationship have been

allocated between coemployers pursuant to a

professional employer agreement and the Oklahoma

Professional Employer Organization Recognition and

Registration Act, and which is intended to be an

ongoing relationship, rather than a temporary or

project specific relationship, and

b. as between each PEO and a covered employee as to which

a professional employer agreement applies, an

employment relationship whereby:

(1) such PEO is entitled to enforce those rights, and

obligated to perform those duties and

obligations, allocated to such PEO by the

professional employer agreement and the Oklahoma

Professional Employer Organization Recognition

and Registration Act, and

(2) such covered employee is entitled to enforce

against such PEO those duties and obligations

Oklahoma Statutes - Title 40. Labor Page 319

allocated to the PEO by the professional employer

agreement and the Oklahoma Professional Employer

Organization Recognition and Registration Act;

c. as between each client and a covered employee to which

a professional employer agreement applies and

employment relationship whereby:

(1) such client is entitled to enforce those rights,

and obligated to provide and perform those

employer obligations allocated to such client by

the professional employer agreement and the

Oklahoma Professional Employer Organization

Recognition and Registration Act and whereby such

client is responsible for any employer right or

obligation not otherwise allocated by the

professional employer agreement of the Oklahoma

Professional Employer Organization Recognition

and Registration Act, and

(2) such covered employee is entitled to enforce

against such client those duties and obligations

allocated to the client by the professional

employer agreement and the Oklahoma Professional

Employer Organization Recognition and

Registration Act and any other duties and

obligations of an employer not otherwise

allocated by the professional employer agreement

or the Oklahoma Professional Employer

Organization Recognition and Registration Act;

4. “Commissioner” means the Insurance Commissioner of the State

of Oklahoma;

5. “Covered Employee” means an individual having a coemployment

relationship with a PEO and a client who have entered into a

professional employer agreement with respect to such person, and

shall include the client’s officers, directors, shareholders,

partners and managers to the extent such persons act as operational

managers or perform services for the client;

6. “Department” means the Department of Insurance of the State

of Oklahoma;

7. “Person” means any individual, partnership, corporation,

limited liability company, association, or any other form of legally

recognized entity;

8. “Professional employer agreement” means a written contract

by and between a client and a PEO under which the PEO and the client

agree to establish a coemployment relationship and which satisfies

the requirements of subsection C of Section 7 of this act;

9. “Professional Employer Organization” or PEO means any person

engaged in the business of providing professional employer services.

A person engaged in the business of providing professional employer

Oklahoma Statutes - Title 40. Labor Page 320

services shall be subject to registration under the Oklahoma

Professional Employer Organization Recognition and Registration Act

regardless of its use of the term “professional employer

organization”, “PEO”, “staff leasing company”, “registered staff

leasing company”, “employee leasing company”, or any other name;

10. “Professional employer services” means the service of

entering into coemployment relationships under the Oklahoma

Professional Employer Organization Recognition and Registration Act,

in which, except in isolated instances, all or a majority of the

employees providing services to a client or to a division or work

unit of client are covered employees;

11. “Registrant” means a PEO registered under the Oklahoma

Professional Employer Organization Recognition and Registration Act;

and

12. “Temporary help services” means a service whereby a person

hires workers and assigns them to a person for a temporary time

period or nonpermanent basis to support or supplement the other

person’s workforce in special work situations such as, but not

limited to, employee absences, temporary skill shortages, seasonal

workloads, and special assignments and projects. Temporary help

services shall not be deemed professional employer services.
Okla. Stat. tit. 40, § 40-800.1 — OK Code / Title 40 / Section 40-800.1
Occupational Licensing Advisory Commission –
Status: repealed

Dissolution.

There is hereby created the Occupational Licensing Advisory

Commission.

The Commission shall consist of twelve (12) members to be

appointed and serve as follows:

1. The Commissioner of Labor shall serve coterminous with his

or her office;

2. Two members of the House of Representatives shall be

appointed by the Majority Leader of the House of Representatives.

Each member shall serve an initial term of three (3) years;

3. One member of the House of Representatives shall be

appointed by the Minority Leader of the House of Representatives,

who shall serve an initial term of two (2) years;

4. Two members of the Senate shall be appointed by the Majority

Leader of the Senate. Each member shall serve an initial term of

three (3) years;

5. One member of the Senate shall be appointed by the Minority

Leader of the Senate, who shall serve an initial term of two (2)

years;

6. The Chief Information Officer of the Office of Management

and Enterprise Services shall serve coterminous with his or her

position;

7. Three members shall be appointed by the Governor, who shall

represent an occupation or profession licensed in the state, and who

shall each serve an initial term of one year. One appointee shall

be a member of the medical community, which may include but is not

limited to a licensed physician, pharmacist or psychologist. One

appointee shall be a member of a trade profession, which may include

but is not limited to a licensed alarm or locksmith professional or

Oklahoma Statutes - Title 40. Labor Page 333

electrician. One appointee shall be a member of the business

community, which may include but is not limited to a licensed public

accountant or member of the real estate industry; and

8. One member shall be appointed by the Governor who shall

represent a not-for-profit organization that advocates for low-

income persons or disadvantaged persons and who shall serve an

initial term of one year.

The Commission shall be subject to the Oklahoma Open Meeting Act

and the Oklahoma Open Records Act.

During membership on the Commission, no appointed member shall

serve on any board, agency, committee or commission that regulates

or governs the occupation or profession such member is appointed to

represent.

Members shall serve staggered three-year terms, except for the

initial term of office. Upon the expiration of a member's term of

office, such member may be reappointed. No member shall serve more

than two consecutive full three-year terms. Any member vacancy

shall be filled in the same manner by the appointing authority for

the unexpired term. A member may be removed by either the

appointing authority or a majority of the Commission members for

failure to attend meetings or for cause.

The Commissioner of Labor, or his or her designee, shall chair

each meeting. The Department of Labor shall provide staff and

administrative support to the Commission.

Seven members shall constitute a quorum for purposes of

conducting the business of the Commission. Meetings shall be called

by the chair and may be held by electronic media or in any location

deemed appropriate by the chair.

The purpose of the Commission is to conduct a review of each

occupational or professional licensing act in this state not less

than once every four (4) years and make recommendations to the

Legislature. The first meeting of the Commission shall be held

before September 30, 2018, to develop a four-year schedule showing

when each licensing act will be reviewed. Any new licensing act or

new category of license enacted by the Legislature for regulation by

an existing licensing board, agency or commission shall be added to

the four-year schedule and shall be initially reviewed within ninety

(90) days of enactment.

Annually the Commission shall hold at least one public meeting

to present its findings on any occupational or professional license

it has reviewed. At the public meeting, the Commission shall allow

public comments, make recommendations, and may vote whether to

recommend to the Legislature that such license be maintained,

modified, or repealed. The results of any public meeting held for

the purpose of making legislative recommendations shall be provided

in a written report to the Governor, President Pro Tempore of the

Senate, and the Speaker of the House of Representatives prior to the

Oklahoma Statutes - Title 40. Labor Page 334

legislative deadline set for requesting legislation for the upcoming

legislative session. The report shall be made available on the

Department of Labor's website for public inspection.

The provisions of this section shall cease to have the force and

effect of law and the Commission shall be dissolved by operation of

law on December 31, 2022.
Okla. Stat. tit. 40, § 40-168 — OK Code / Title 40 / Section 40-168
Penalty
Status: in_force

Any employer of labor of any kind doing business in this state,

as well as its agent, attorney or servant, found guilty of violating

the preceding section, or any part thereof, shall be fined not less

than Five Hundred Dollars ($500.00) and not exceeding Two Thousand

Dollars ($2,000.00), or confined in the county jail not less than

one (1) month and not exceeding one (1) year or both such fine and

imprisonment.
Okla. Stat. tit. 40, § 40-401 — OK Code / Title 40 / Section 40-401
Short title
Status: in_force

Sections 401 through 424 of this title shall be known and may be

cited as the Oklahoma Occupational Health and Safety Standards Act.
Okla. Stat. tit. 40, § 40-3-116 — OK Code / Title 40 / Section 40-3-116
Reconsideration of determination
Status: in_force

RECONSIDERATION OF DETERMINATION.

A. The Oklahoma Employment Security Commission may reconsider a

determination of the basis of:

1. An error in computation;

2. An error in identity;

3. Misrepresentation of material facts;

4. Mistake of material facts;

5. An error in interpretation or application of the law; or

6. A timely request made pursuant to paragraph 2 of subsection

B of Section 3-115 of Title 40 of the Oklahoma Statutes.

Oklahoma Statutes - Title 40. Labor Page 130

B. A redetermination shall be made within three (3) years of

the last day of the month following the calendar quarter that is

subject to the redetermination.

C. Notice and appeal of a redetermination shall be governed by

the provisions of Section 3-115 of Title 40 of the Oklahoma

Statutes.
Okla. Stat. tit. 40, § 40-196.5b — OK Code / Title 40 / Section 40-196.5b
Unconstitutional – Repealed
Status: repealed

NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.

1991, §§ 196.1 through 196.14) was held unconstitutional in the case

of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,

Okla., 918 P.2d 26 (1995).

NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,

2015.
Okla. Stat. tit. 40, § 40-1-221 — OK Code / Title 40 / Section 40-1-221
Benefit wages
Status: in_force

BENEFIT WAGES.

"Benefit wages" means the taxable wages earned by a claimant

during the claimant's base period which are not in excess of the

current maximum weekly benefit amount, as determined under Section

2-104 of this title, multiplied by the maximum number of weeks for

which benefits could be paid to any individual, pursuant to Section

2-106 of this title, multiplied by three (3); provided, however, no

wages shall be included as "benefit wages" unless and until the

claimant has been paid benefits for five (5) weeks in one (1)

benefit year.
Okla. Stat. tit. 40, § 40-3-408 — OK Code / Title 40 / Section 40-3-408
Part construed to provide legal remedy
Status: in_force

PART CONSTRUED TO PROVIDE LEGAL REMEDY. This part shall be

construed to provide a legal remedy by action at law in cases where

any contribution, or the method of collection or enforcement thereof

or any order, ruling, finding or judgment of the Commission or its

duly authorized representative, is complained of or is sought to be

enjoined in any action in any court of this state or the United

States of America.
Okla. Stat. tit. 40, § 40-3-109.2 — OK Code / Title 40 / Section 40-3-109.2
Rate reduction for computer fund assessment
Status: in_force

RATE REDUCTION FOR COMPUTER FUND ASSESSMENT.

Notwithstanding the provisions of Sections 3-103, 3-109, 3-110,

and 3-113 of Title 40 of the Oklahoma Statutes, for the time period

beginning July 1, 1997, and ending June 30, 1998, the contribution

Oklahoma Statutes - Title 40. Labor Page 121

rate assigned to an employer shall be reduced by fifty percent

(50%). Provided, the tax rate of employers assigned a tax rate

pursuant to Sections 3-103 and 3-110 of Title 40 of the Oklahoma

Statutes shall not be reduced to less than one percent (1%).

Provided further, employers who qualify for an earned rate

calculated pursuant to Section 3-109 of Title 40 of the Oklahoma

Statutes, and are given a rate of five and one-half percent (5.5%),

shall not be eligible for the rate reduction provided for in this

section.
Okla. Stat. tit. 40, § 40-196.2 — OK Code / Title 40 / Section 40-196.2
Unconstitutional – Repealed
Status: repealed

NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.

1991, §§ 196.1 through 196.14) was held unconstitutional in the case

of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,

Okla., 918 P.2d 26 (1995).

NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,

2015.
Okla. Stat. tit. 40, § 40-3-107 — OK Code / Title 40 / Section 40-3-107
Benefit wage ratio
Status: in_force

BENEFIT WAGE RATIO.

The benefit wage ratio of each employer shall be a percentage

equal to the total of the employer's benefit wages in the experience

period divided by the employer's total taxable payroll for the

experience period on which contributions have been paid to the

Commission on or before July 31 of the calendar year immediately

preceding the year for which the tax rate is being calculated.

Oklahoma Statutes - Title 40. Labor Page 112
Okla. Stat. tit. 40, § 40-5-107 — OK Code / Title 40 / Section 40-5-107
Wrongful disclosure of information
Status: in_force

WRONGFUL DISCLOSURE OF INFORMATION.

If any employee or member of the Board of Review or the Oklahoma

Employment Security Commission or any employee of the Commission, or

any employee of a governmental unit, private business or nonprofit

entity that is allowed access to information under Section 4-508 of

this title, makes any disclosure of confidential information or

otherwise violates Section 4-508 of this title, or if any person who

has obtained any list of applicants for work, or of claimants or

recipients of benefits, under Section 5-101 et seq. of this title

shall use or permit the use of such list for any political purpose,

such individual shall be guilty of a Class D1 felony offense and

shall be punished by a fine of not less than Fifty Dollars ($50.00)

nor more than Five Hundred Dollars ($500.00), or imprisoned as

provided for in subsections B through F of Section 20N of Title 21

of the Oklahoma Statutes, or both.
Okla. Stat. tit. 40, § 40-197.7 — OK Code / Title 40 / Section 40-197.7
Investigation of complaints
Status: in_force

Upon verified complaint by an employee or former employee that

an employer has violated the provisions of Section 197.5 of this

title by failure to pay the minimum wage thereby established, the

Commissioner, or his authorized representative, is hereby empowered

to make such investigation as deemed necessary to ascertain the

facts concerning such charge. The Commissioner shall have the power

to administer oaths and affirmations, require sworn statements,

certify to official acts, and issue subpoenas to compel the

attendance of witnesses and the production of books, papers,

correspondence memoranda, and other records deemed necessary as

evidence in connection with the investigation of any alleged

violation of Section 197.5 of this title. All information obtained

by the Commissioner, or his duly authorized representatives, shall

be confidential and, except for the finding of the need for

additional wages, as provided by Section 197.8 of this title, and

information which is necessarily disclosed in court proceedings

Oklahoma Statutes - Title 40. Labor Page 269

provided by Section 197.9 or 197.10 of this title, such information

shall not be disclosed to any person.
Okla. Stat. tit. 40, § 40-2-707 — OK Code / Title 40 / Section 40-2-707
State "off" indicator
Status: in_force

STATE "OFF" INDICATOR.

Oklahoma Statutes - Title 40. Labor Page 96

There is a "state 'off' indicator" for this state for a week if

the Commission determines, in accordance with the regulations of the

Secretary of Labor of the United States, that for the period

consisting of such week and the immediately preceding twelve (12)

weeks, the rate of insured unemployment, not seasonally adjusted was

either:

1. Less than six percent (6%) and was less than one hundred

twenty percent (120%) of the average of such rates for the

corresponding thirteen-week period ending in each of the preceding

two (2) calendar years; or

2. Less than five percent (5%).

Any optional or revised "state 'off' indicator" or indicators or

optional waiver by a state of any such indicator or part of any such

indicator provided for by Congress for any period of time shall be

considered to be in effect in Oklahoma for such period of time.
Okla. Stat. tit. 40, § 40-142.1 — OK Code / Title 40 / Section 40-142.1
Regulation of compressed natural gas fueling stations –
Status: in_force

Implementation and enforcement of Alternative Fuels Technician

Certification Act – Transfer of duties and authority to Department

of Labor.

A. On the effective date of this act, all powers, duties,

responsibilities, records and equipment of the Corporation

Commission relating exclusively to the regulation of compressed

natural gas fueling stations are hereby transferred and shall be

placed under the authority of the Department of Labor.

B. On the effective date of this act, all powers, duties,

responsibilities, records and equipment of the Office of Management

and Enterprise Services relating exclusively to the implementation

and enforcement of the Alternative Fuels Technician Certification

Act are hereby transferred and shall be placed under the authority

of the Department of Labor. To the extent practicable, the transfer

shall include all computer hardware and software used in regulating

the functions listed in this subsection.

C. The Corporation Commission, the Commissioner of Labor and

the Director of the Office of Management and Enterprise Services may

contract for additional legal and administrative services as

necessary to effectuate the transfers as provided for in this

section.

D. 1. All unexpended funds, property, furnishings, equipment,

supplies, records, and outstanding financial obligations and

encumbrances of the Corporation Commission relating to the

regulation of natural gas fueling stations and of the Office of

Oklahoma Statutes - Title 40. Labor Page 227

Management and Enterprise Services relating to the implementation

and enforcement of the Alternative Fuels Technician Certification

Act shall be transferred to the Department of Labor for the

continuing performance of duties relating to the regulation of

natural gas fueling stations and implementation and enforcement of

the Alternative Fuels Technician Certification Act. No funds,

property, furnishings, equipment, supplies or records may be

expended or used for any purpose other than the performance of

duties and responsibilities as directed and required in this act.

2. Any funds, properties, furnishings, equipment, supplies, or

records related in any manner to the regulation of natural gas

fueling stations and implementation and enforcement of the

Alternative Fuels Technician Certification Act which may not be in

the current possession of the Corporation Commission or the Office

of Management and Enterprise Services on the effective date of this

act, but which come into the possession of the Corporation

Commission or the Office of Management and Enterprise Services after

the transfer of authority to the Department of Labor as provided in

this act, shall immediately be transferred to the Department of

Labor. Items subject to the immediate transfer shall include, but

are not limited to, any misdirected licensing fees or payments of

outstanding administrative fines.

E. The Corporation Commission and the Director of the Office of

Management and Enterprise Services shall not enter into any contract

or agreement relating to the regulation of natural gas fueling

stations or implementation and enforcement of the Alternative Fuels

Technician Certification Act extending beyond the effective date of

the transfer without approval by the Commissioner of Labor.

F. All licenses, registrations, certifications and

accreditations issued by the Office of Management and Enterprise

Services pursuant to the Alternative Fuels Technician Certification

Act that are in effect on the effective date of this act shall

remain in full force and effect and shall be enforceable by the

Department of Labor.

G. The Director of the Office of Management and Enterprise

Services shall coordinate the transfer of funds, allotments,

purchase orders and outstanding financial obligations and

encumbrances relating to the regulation of natural gas fueling

stations and the implementation and enforcement of the Alternativeenforcement of Alternative Fuels Technician Certification Act – Transfer of duties and authority toremain in full force and effect and shall be enforceable by the

Department of Labor.

G. The Director of the Office of Management and Enterprise

Services shall coordinate the transfer of funds, allotments,

purchase orders and outstanding financial obligations and

encumbrances relating to the regulation of natural gas fueling

stations and the implementation and enforcement of the Alternative

Fuels Technician Certification Act as transferred pursuant to the

provisions of this act.

H. Upon the effective date of this act, all administrative

rules promulgated by the Office of Management and Enterprise

Services relating to the implementation and enforcement of the

Alternative Fuels Technician Certification Act shall be enforceable

by the Commissioner of Labor. The rules shall continue in force and

effect after the effective date of this act, and the Commissioner of

Oklahoma Statutes - Title 40. Labor Page 228

Labor shall have authority to amend, repeal, recodify or make

additions to the rules pursuant to the Administrative Procedures

Act.
Okla. Stat. tit. 40, § 40-3-806 — OK Code / Title 40 / Section 40-3-806
Payment of in-lieu contributions
Status: in_force

PAYMENT OF IN-LIEU CONTRIBUTIONS.

A. At the end of each calendar quarter the Oklahoma Employment

Security Commission shall notify in writing each nonprofit

organization, or the agent of a group of nonprofit organizations,

which has elected to make payments in lieu of contributions, the

amount, if any, equal to the full amount of regular benefits plus

one-half (1/2) of the amount of extended benefits paid by the

Commission during the quarter that is attributable to service in the

employ of the organization or the members of a group of the

organizations. The full amount shall include all amounts paid as

benefits that are attributable to base period wages paid by the

organization, including any benefit amounts paid in error. The

notification shall be deemed and treated as an assessment of

contributions and the payment of the amount owing shall be collected

as contributions, interest, penalty and fees, if any, are collected,

in accordance with the provisions of the Employment Security Act of

1980. The employer, or group of employers, shall have the rights

and remedies provided by the Employment Security Act of 1980 with

respect to assessments of contributions, including the right of

protest, hearing and appeal. The Commission shall make its

assessment or amend its assessment within three (3) years of the

ending date of the calendar quarter to which the assessment or

amendment applies. If no protest is filed or if filed and confirmed

by the Commission or its authorized representatives, said assessment

shall be immediately due and payable and shall bear interest after

forty-five (45) days at the rate of one percent (1%) per month until

paid. If any nonprofit organization or group of organizations fails

or refuses to pay said assessment after same has become delinquent

Oklahoma Statutes - Title 40. Labor Page 159

within forty-five (45) days after written request has been mailed to

the organization or the agent of the group by the Commission or its

representative, a penalty of five percent (5%) of the amount due

shall be added thereto, collected and paid. All collections made

shall be deposited in the Unemployment Compensation Fund.

B. The electing organization, or group of organizations, shall

file reports of wages paid, in the same time and manner as required

of nongovernmental employers for profit. If any electing

organization, or group of organizations, fails or refuses to file

its wage report within fifteen (15) days after written notice, a

penalty of Twenty Dollars ($20.00) for each day until the report is

filed with a maximum of Two Hundred Dollars ($200.00) is hereby

imposed against the organization or group and shall be collected and

paid.

C. Payments made by any nonprofit organization under the

provisions of this section shall not be deducted or deductible, in

whole or in part, from the remuneration of individuals in the employ

of the organization.
Okla. Stat. tit. 40, § 40-1-109 — OK Code / Title 40 / Section 40-1-109
Unemployment benefits impact study
Status: in_force

If a proposed new law or amendment to an existing law will have

the effect of expanding unemployment benefits available to

unemployment benefit claimants, the Oklahoma Employment Security

Commission shall study the fiscal impact the benefit expansion will

have upon Oklahoma's Unemployment Trust Fund established pursuant to

42 U.S.C., Section 1104. The impact study shall be presented to

each house of the Legislature before the final vote on the bill

containing the provision and shall be sent to the Governor before

final approval of the bill containing the provision.
Okla. Stat. tit. 40, § 40-2-412 — OK Code / Title 40 / Section 40-2-412
Receiving benefits from another state
Status: in_force

RECEIVING BENEFITS FROM ANOTHER STATE. An individual shall be

disqualified for benefits for any week with respect to which or a

part of which he has received or is seeking unemployment benefits

under an unemployment compensation law of another state or of the

United States. Provided, that if the appropriate agency of such

other state or of the United States in which the individual was

seeking benefits, but had not received benefits, finally determines

that he is not entitled to such unemployment benefits, this

disqualification shall not apply.
Okla. Stat. tit. 40, § 40-1-302 — OK Code / Title 40 / Section 40-1-302
Index of other definitions
Status: in_force

INDEX OF OTHER DEFINITIONS. Other definitions in this act and

the sections in which they appear are:

"Crew leader" - Section 1-210(5)(d)

"American employer" - Section 1-210(9)(d)

"United States" - Section 1-210(9)(e)

"Suitable work" - Section 2-408(2)