Okla. Stat. tit. 40, § 40-3-511 — OK Code / Title 40 / Section 40-3-511
Levy upon earnings of tax debtor
Status: in_force

LEVY UPON EARNINGS OF TAX DEBTOR.

Oklahoma Statutes - Title 40. Labor Page 149

A. If any tax debtor shall fail to pay his or her indebtedness

to the Oklahoma Employment Security Commission after the tax debtor

has been notified of the amount due and demand for payment has been

made, it shall be lawful for the Oklahoma Employment Security

Commission to collect the amount owed by levy upon any earnings or

contract proceeds of the tax debtor.

B. To levy upon the earnings of a tax debtor or contract

proceeds owed to a tax debtor, the Oklahoma Employment Security

Commission must serve a Notice of Levy on the employer who employs

the tax debtor or the contracting entity that owes money under

contract to the tax debtor, along with the tax warrants covering all

quarters in which the tax debtor owes unemployment taxes, interest,

penalties, fees or surcharge. The levy will have the same priority,

and be subject to the same exceptions, as a continuing earnings

garnishment provided for in Section 1173.4 of Title 12 of the

Oklahoma Statutes. The following procedures will apply to a Notice

of Levy served on an employer or contracting entity:

1. The employer or contracting entity shall answer the Notice

of Levy on a form provided by the Commission. The employer or

contracting entity shall follow the procedure for answering a

continuing earnings garnishment as set out in subsection F of

Section 1173.4 of Title 12 of the Oklahoma Statutes;

2. The Notice of Levy shall be a lien on the debtor's property

in the same manner as provided for in subsection G of Section 1173.4

of Title 12 of the Oklahoma Statutes. The Notice of Levy shall also

be subject to the procedures and time limits set out in subsections

H, I, J and K of Section 1173.4 of Title 12 of the Oklahoma

Statutes, except that when a document is required to be filed with

the clerk of the court, the document will instead be filed with the

Commission as directed on the forms provided;

3. The employer or contracting entity shall deliver all funds

subject to the levy up to the amount of indebtedness indicated on

the tax warrants plus accrued interest pursuant to subsection A of

Section 3-301 of this title and any fees for service of process to

the representative of the Commission indicated on the Notice of

Levy. The delivery of this money shall occur within ten (10) days

of the date the earnings or contract proceeds are due to be paid to

the tax debtor;

4. Any employer that fails or refuses to surrender money or

rights to money belonging to its employee in the employer's

possession, or that fails or refuses to make the appropriate

deduction from wages pursuant to a levy provided for by this statute

upon being served with a Notice of Levy and supporting warrant of

levy and lien of the Commission, shall be liable to the Commission

in a sum equal to the amount of money, rights to money, or wage

deduction not so surrendered, but not exceeding the amount of the

debtor's indebtedness for the collection of which the levy has been

Oklahoma Statutes - Title 40. Labor Page 150

made, together with accrued interest and penalty pursuant to Section

3-301 of this title, and the cost of service of the Notice of Levy.

Any amount recovered in this manner shall be credited against the

liability of the debtor for which the levy was made; and

5. Any employer in possession of money or rights to money

subject to levy upon which a levy has been made that surrenders the

money or rights to money to the Commission shall be discharged from

any obligation or liability to the debtor and any other person or

entity with respect to such money or rights to money arising from

the surrender or payment.

C. Service of the Notice of Levy and tax warrants shall be made

on the employer or contracting entity in the same manner as provided

in Section 2004 of Title 12 of the Oklahoma Statutes for service of

process in civil actions.

D. The sheriff's department that serves the Notice of Levy on

the employer or contracting entity shall be entitled to a service

fee of Fifty Dollars ($50.00) that is to be paid by the Oklahoma

Employment Security Commission and added to the tax debtor's

indebtedness as a fee in the latest calendar quarter for which the

tax debtor has any type of indebtedness.

E. Claims for Exemption and any other matter related to the

levy shall be filed with the Assessment Board of the Oklahoma

Employment Security Commission. An Order of Exemption may relate

back no more than thirty (30) days before the filing of the Claim

for Exemption and shall extend no further than the expiration date

or termination of the levy. Appeal from the Assessment Board shall

be governed by the appeal procedures set out in Part 4 of Article

III of the Employment Security Act of 1980, and the Administrative

Rules of the Oklahoma Employment Security Commission pertaining

thereto.
Okla. Stat. tit. 40, § 40-4-306 — OK Code / Title 40 / Section 40-4-306
Report to Governor
Status: in_force

REPORT TO GOVERNOR. Not later than the fifteenth day of

February of each year, the Commission shall submit to the Governor a

report covering the administration and operation of this act during

the preceding calendar year and shall make such recommendations for

amendments to this act as the Commission shall deem proper. Such

Oklahoma Statutes - Title 40. Labor Page 165

report shall include a balance sheet of the moneys in the fund in

which there shall be provided, if possible, a reserve against the

liability in future years to pay benefits in excess of the then

current contributions, which reserve shall be set up by the

Commission in accordance with accepted actuarial principles on the

basis of statistics of employment, business activity, and other

relevant factors for the longest possible period.
Okla. Stat. tit. 40, § 40-142.15 — OK Code / Title 40 / Section 40-142.15
Violations - Criminal penalties
Status: in_force

Any person convicted of violating any provision of the

Alternative Fuels Technician Certification Act shall be guilty of a

misdemeanor. The continued violation of any provision of the

Alternative Fuels Technician Certification Act during each day shall

be deemed to be a separate offense. Upon conviction thereof the

person shall be punished by imprisonment in the county jail not to

exceed one (1) year, or by a fine of not more than One Thousand

Dollars ($1,000.00), or by both such fine and imprisonment for each

offense. The Commissioner of Labor or designee may request the

appropriate district attorney to prosecute such violation and seek

an injunction against such practice.
Okla. Stat. tit. 40, § 40-460.4 — OK Code / Title 40 / Section 40-460.4
Rules regarding use of amusement rides by riders –
Status: in_force

Definition of “rider”.

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

amusement rides by riders.

B. Rules promulgated pursuant to subsection A of this section

shall include the following language:

1. A rider shall:

a. obey the reasonable safety rules posted in accordance

with law and oral instructions for an amusement ride

issued by the owner or the employee of the owner,

unless:

(1) the safety rules are contrary to law or rules, or

(2) the oral instructions are contrary to law or

rules or the safety rules, and

b. refrain from acting in any manner that may cause or

contribute to injuring the rider or others, including:

(1) exceeding the limits of ability of the rider,

(2) interfering with safe operation of the amusement

ride,

(3) not engaging any safety devices that are

provided,

(4) disconnecting or disabling a safety device except

at the express instruction of the ride operator,

(5) altering or enhancing the intended speed, course,

or direction of an amusement ride,

(6) using the controls of an amusement ride designed

solely to be operated by the ride operator,

(7) extending arms and legs beyond the carrier or

seating area except at the express direction of

the ride operator,

(8) throwing, dropping, or expelling an object from

or toward an amusement ride except as permitted

by the ride operator,

(9) getting on or off an amusement ride except at the

designated time and area, if any, at the

Oklahoma Statutes - Title 40. Labor Page 297

direction of the ride operator or in an

emergency, and

(10) not reasonably controlling the speed or direction

of the person of the rider or an amusement ride

that requires the rider to control or direct the

person of the rider or a device;

2. A rider may not get on or attempt to get on an amusement

ride unless the rider or the parent or guardian of the rider

reasonably determines that the rider:

a. has sufficient knowledge to use, get on, and get off

the amusement ride safely without instruction or has

requested and received before getting on the ride

sufficient information to get on, use, and get off

safely,

b. has located, reviewed, and understood any signs in the

vicinity of the ride and has satisfied any posted

height, medical, or other restrictions,

c. knows the range and limits of the ability of the rider

and knows the requirements of the amusement ride will

not exceed those limits,

d. is not under the influence of alcohol or any drug that

affects the ability of the rider to safely use the

amusement ride or obey the posted rules or oral

instructions, and

e. is authorized by the amusement ride owner or the

authorized employee of the amusement ride owner to get

on the amusement ride; and

3. As used in this rule, "rider" means any person who is:

a. waiting in the immediate vicinity to get on an

amusement ride,

b. getting on an amusement ride,

c. using an amusement ride,

d. getting off an amusement ride, or

e. leaving an amusement ride and still in its immediate

vicinity.
Okla. Stat. tit. 40, § 40-199.1 — OK Code / Title 40 / Section 40-199.1
Recruiting of employment to replace employees involved
Status: in_force

in a strike or lockout prohibited - Exceptions.

It shall be unlawful for any person, partnership, agency, firm

or corporation, labor organization or officer or agent thereof, to

knowingly recruit, procure, supply or refer any person (excluding

Oklahoma Statutes - Title 40. Labor Page 273

persons who are permanent employees of the employer involved in such

strike or lockout) who has customarily and repeatedly offered

himself for employment in the place of employees involved in strikes

or lockouts for employment in place of an employee in a business or

industry where a strike or lockout exists.

The provisions of this act shall not apply to services or work

performed by a salaried or supervisory employee of a business or

industry where a strike or lockout exists, or a person, firm or

corporation in his or its usual trade, occupation or business;

provided that such trade, occupation or business is not usually the

furnishing of strikebreakers in any labor strike or lockout; and

provided further, that the said person, firm, or corporation hiring,

recruiting, securing or offering to secure employment shall, if a

person or an unincorporated firm, be a bona fide resident of the

State of Oklahoma for a period of six (6) months prior to the strike

or lockout, or if a corporation, be chartered or duly licensed to do

business in the State of Oklahoma for a period of six (6) months

prior to the strike or lockout.
Okla. Stat. tit. 40, § 40-4-101 — OK Code / Title 40 / Section 40-4-101
Applicability
Status: in_force

APPLICABILITY. This part shall apply to the Oklahoma Employment

Security Commission.
Okla. Stat. tit. 40, § 40-3-805 — OK Code / Title 40 / Section 40-3-805
Written notice of termination of election required
Status: in_force

WRITTEN NOTICE OF TERMINATION OF ELECTION REQUIRED. Any

nonprofit organization which makes an election in accordance with

Section 3-804 of this act will continue to be liable for payments in

lieu of contributions until it files with the Commission a written

notice terminating its election not later than the last day of

January immediately following the beginning of the calendar year for

which such termination shall first be effective. After such

termination such employer shall be treated as a newly subject

nongovernmental employer for profit under the Oklahoma Employment

Security Act for purposes of determining such organization's

contribution rate.
Okla. Stat. tit. 40, § 40-172 — OK Code / Title 40 / Section 40-172
Blacklisting
Status: in_force

No firm, corporation or individual shall blacklist or require a

letter of relinquishment, or publish, or cause to be published, or

Oklahoma Statutes - Title 40. Labor Page 253

blacklisted, any employee, mechanic or laborer, discharged from or

voluntarily leaving the service of such company, corporation or

individual, with intent and for the purpose of preventing such

employee, mechanic or laborer, from engaging in or securing similar

or other employment from any other corporation, company or

individual.
Okla. Stat. tit. 40, § 40-2-415 — OK Code / Title 40 / Section 40-2-415
Participating in sports or athletic events
Status: in_force

PARTICIPATING IN SPORTS OR ATHLETIC EVENTS. Benefits shall not

be paid to any individual on the basis of any services,

substantially all of which consist of participating in sports or

athletic events or training or preparing to so participate, for any

week which commences during the period between two successive sport

seasons or similar periods if such individual performed such

services in the first of such season or similar periods and there is

a reasonable assurance that such individual will perform such

services in the latter part of such seasons or similar periods.
Okla. Stat. tit. 40, § 40-197.9 — OK Code / Title 40 / Section 40-197.9
Findings by court - Double damages - Costs and attorney
Status: in_force

fees - Defenses.

Any employer who is found by a court of competent jurisdiction

to have paid an employee wages less than those to which such

employee is entitled, under or by virtue of this act, shall be

liable to such employee for double the full amount of such wages,

less any amount actually paid to such employee by the employer, and

for court costs, and such reasonable attorney fees as may be allowed

by the court, which in no case shall be less than One Hundred

Dollars ($100.00). Any agreement between such employee and the

employer to work for less than such wage rate shall be no defense to

such action.
Okla. Stat. tit. 40, § 40-600.7 — OK Code / Title 40 / Section 40-600.7
Contract requirements – Rights and duties of employer,
Status: in_force

employee, and client – Notice – Workers’ compensation – Benefit

plans – Liability – Sales tax.

A. Contractual relationship. Except as specifically provided

in the Oklahoma Professional Employer Organization Recognition and

Registration Act, the coemployment relationship between the client

and the PEO, and between each coemployer and each covered employee,

shall be governed by the professional employer agreement. Nothing

contained in any professional employer agreement or the Oklahoma

Professional Employer Organization Recognition and Registration Act

shall be deemed to:

1. Diminish, abolish or remove rights of covered employees as

to clients or obligations of such client as to a covered employee,

existing prior to the effective date of a professional employer

agreement;

2. Terminate an employment relationship existing prior to the

effective date of a professional employer agreement; or

3. Create any new or additional enforcement right of a covered

employee against a PEO not specifically allocated to such PEO in the

professional employer agreement or the Oklahoma Professional

Employer Organization Recognition and Registration Act.

B. Allocation of rights, duties and obligations. Except as

specifically provided in the Oklahoma Professional Employer

Organization Recognition and Registration Act or in the professional

employer agreement, in each coemployment relationship:

1. The client shall be entitled to exercise all rights, and

shall be obligated to perform all duties and responsibilities,

otherwise applicable to an employer in an employment relationship;

and

2. The PEO shall be entitled to exercise only those rights, and

obligated to perform only those duties and responsibilities,

specifically required by the Oklahoma Professional Employer

Organization Recognition and Registration Act or set forth in the

professional employer agreement. The rights, duties, and

obligations of the PEO as coemployer with respect to any covered

employee shall be limited to those arising pursuant to the

professional employer agreement and the Oklahoma Professional

Employer Organization Recognition and Registration Act during the

term of coemployment by the PEO of such covered employee.

Oklahoma Statutes - Title 40. Labor Page 329

C. Professional employer agreement requirements. Each

professional employer agreement shall include, at a minimum, the

following:

1. The PEO shall reserve a right of direction and control over

the covered employees; provided, that the client may retain the

right to exercise such direction and control over covered employees

as is necessary to conduct the client’s business, to discharge any

fiduciary responsibility which it may have, or to comply with any

applicable licensure requirements;

2. The PEO shall have responsibility to pay wages and salaries

to covered employees; to withhold, collect, report, and remit

payroll-related and unemployment taxes; and, to the extent the PEO

has assumed responsibility in the professional employer agreement,

to make payments for employee benefits for covered employees;

3. Both the PEO and the client shall retain authority to hire,

terminate, and discipline the covered employees; and

4. The responsibility to obtain workers’ compensation coverage

for covered employees, from a carrier licensed to do business in

this state and otherwise in compliance with all applicable

requirements, shall be specifically allocated to either the client

or the PEO. If such responsibility is allocated to the PEO under

any such agreement, such agreement shall require that the PEO

maintain and provide to the client, at the termination of the

agreement if requested by the client, records regarding the premium

and loss experience related to workers’ compensation insurance

provided to covered employees pursuant to such agreement.

D. Notice to covered employees. With respect to each

professional employer agreement entered into by a PEO, such PEO

shall provide written notice to each covered employee affected by

such agreement of the general nature of the coemployment

relationship between and among the PEO, the client, and such covered

employee.

E. Workers’ compensation. Both client and the PEO shall be

considered the employer for the purpose of coverage under the

Workers’ Compensation Act and both the PEO and its client shall be

entitled to protection of the exclusive remedy provision of the

Workers’ Compensation Act irrespective of which coemployer obtains

such workers’ compensation coverage.

F. Benefit plans.

1. A client and a PEO shall each be deemed an employer for

purposes of sponsoring retirement and welfare benefit plans for its

covered employees.

2. A welfare benefit plan offered to the covered employees of a

single PEO shall not be considered a multiple employer welfare

arrangement, or MEWA, as provided for in Section 633 of Title 36 of

the Oklahoma Statutes, and shall be exempt from the licensing

Oklahoma Statutes - Title 40. Labor Page 330

requirements contained in Section 634 of Title 36 of the Oklahoma

Statutes.

3. For purposes of the Small Employer Health Reform Act, a PEO

shall be considered the employer of all of its covered employees and

all covered employees of one or more clients participating in a

health benefit plan sponsored by a single PEO shall be considered

employees of the PEO.

4. If a PEO offers to its covered employees any health benefit

plan which is not fully insured by an authorized insurer, the plan

shall:

a. utilize a third-party administrator licensed to do

business in this state,

b. hold all plan assets, including participant

contributions, in a trust account, and

c. provide sound reserves for such plan as determined

using generally accepted actuarial standards.

G. Limitations on liability. Except to the extent otherwise

provided in a professional employer agreement:

1. A PEO shall not be liable for the acts, errors, or omissions

of a client, or of any covered employee when such covered employee

is acting under the direction and control of a client;

2. A client shall not be liable for the acts, errors, or

omissions of a PEO, or of any covered employee of the client and a

PEO when such covered employee is acting under the direction and

control of the PEO;

3. Nothing in this subsection shall serve to limit any

contractual liability or obligation specifically provided in a

professional employer agreement, nor shall this subsection in any

way limit the liabilities and obligations of any PEO or client as

defined elsewhere in the Oklahoma Professional Employer Organization

Recognition and Registration Act; and

4. A covered employee is not, solely as the result of being a

covered employee of a PEO, an employee of the PEO for purposes of

general liability, insurance, fidelity bonds, surety bonds,

employer’s liability which is not covered by workers’ compensation,

or liquor liability insurance carried by the PEO unless the covered

employees are included by specific reference in the professional

employer agreement and applicable prearranged employment contract,

insurance contract, or bond.

H. Services not insurance. The sale of professional employer

services provided by PEOs registered under the Oklahoma Professional

Employer Organization Recognition and Registration Act shall not

constitute the sale of insurance for purposes of Oklahoma Insurance

Law.

I. Sales taxes. Covered employees whose services are subject

to sales tax shall be deemed the employees of the client for

Oklahoma Statutes - Title 40. Labor Page 331

purposes of collecting and levying sales tax on the services

performed by the covered employee.
Okla. Stat. tit. 40, § 40-3-404 — OK Code / Title 40 / Section 40-3-404
Commission's conclusions of facts conclusive
Status: in_force

COMMISSION'S CONCLUSIONS OF FACTS CONCLUSIVE. In any judicial

review under this part the findings of the Commission, or its duly

authorized representative, as to the facts, if supported by evidence

and in the absence of fraud, shall be conclusive, and the

jurisdiction of the court shall be confined to questions of law.
Okla. Stat. tit. 40, § 40-3-608 — OK Code / Title 40 / Section 40-3-608
Expenditures not subject to specific appropriation
Status: in_force

requirements.

EXPENDITURES NOT SUBJECT TO SPECIFIC APPROPRIATION REQUIREMENTS.

(1) Expenditures of such moneys in the benefit account and refunds

from the clearing account shall not be subject to any provisions of

law requiring specific appropriations or other formal release by

state officers of money in their custody. All warrants issued for

the payment of benefits and refunds shall bear the signature of a

representative of the Commission duly authorized for that purpose.

(2) Any balance of moneys requisitioned from the unemployment

trust fund which remains unclaimed or unpaid in the benefit account

after the expiration of the period for which such sums were

requisitioned shall either be deducted from estimates for, and may

be utilized for the payment of, benefits during succeeding periods,

or, in the discretion of the Commission, shall be redeposited with

the Secretary of the Treasury of the United States of America, to

the credit of this state's account in the unemployment trust fund.
Okla. Stat. tit. 40, § 40-141.8 — OK Code / Title 40 / Section 40-141.8
Deputy boiler inspectors
Status: in_force

A. The chief boiler inspector shall employ deputy inspectors,

subject to approval of the Commissioner of Labor, who shall be

Oklahoma Statutes - Title 40. Labor Page 217

responsible to the chief boiler inspector and who shall have at the

time of appointment a valid commission issued in accordance with the

constitution and bylaws of the National Board of Boiler and Pressure

Vessel Inspectors.

B. The deputy inspectors may at the Commissioner's discretion

be appointed in a trainee status provided the trainees successfully

complete the examination as defined in Section 141.10 of this title

and receive a valid National Board Commission within twenty-four

(24) months after appointment.
Okla. Stat. tit. 40, § 40-3-311 — OK Code / Title 40 / Section 40-3-311
Forfeiture of terminated employer unemployment tax
Status: in_force

account overpayments.

FORFEITURE OF TERMINATED EMPLOYER UNEMPLOYMENT TAX ACCOUNT

OVERPAYMENTS.

A. It is the fiduciary duty of the Oklahoma Employment Security

Commission to return overpayments received in the employer's

unemployment tax account. Upon the termination of the employer's

Oklahoma Statutes - Title 40. Labor Page 141

unemployment tax account, the Commission will issue a refund of any

remaining credit balance that is equal to or greater than One

Hundred Dollars ($100.00) by mailing it to the last address provided

by the employer. If an employer's unemployment tax account has been

terminated and has a credit balance that has been at that level for

a period of one hundred eighty (180) days or more without a refund

being requested from the employer, the Commission will reduce the

balance of that unemployment tax account to zero (0) and consider

the credit to be forfeited after the Commission has exercised its

fiduciary duty.

B. Once the Commission has completed its fiduciary duty in

facilitating the return of the credit to the employer, based upon

the most current mailing address provided by the employer, the

Commission can assume its fiduciary duty is completed. If the

refund of the overpayment is returned to the Commission, the

employer shall consider the funds forfeited and will be prohibited

from requesting the credit balance in the future. All returns of

overpayment shall be returned to the clearing account as set forth

in Section 3-604 of this title.
Okla. Stat. tit. 40, § 40-2-204 — OK Code / Title 40 / Section 40-2-204
Registration for employment
Status: in_force

REGISTRATION FOR EMPLOYMENT.

The unemployed individual must register for work within seven

(7) days of filing his or her initial claim for unemployment

benefits in accordance with such rules as the Commission may

prescribe, except that the Commission may waive the requirements of

this section as to individuals attached to regular jobs, situations

involving mass layoffs, or individuals in areas not served by an

established employment office or Internet service when it finds that

compliance with these requirements would be oppressive, or would be

inconsistent with the purpose of the Employment Security Act of

1980.
Okla. Stat. tit. 40, § 40-9-102 — OK Code / Title 40 / Section 40-9-102
Repeal
Status: repealed

REPEAL. The Oklahoma Employment Security Act, 40 O.S. 1971,

Sections 211 through 238.1, both inclusive, as amended, is hereby

repealed subject to the provisions of Section 9-103, except that 40

O.S. 1971, Section 226 (a) and (b) are not repealed.
Okla. Stat. tit. 40, § 40-482 — OK Code / Title 40 / Section 40-482
Federal and private sector funds to be sought
Status: in_force

A. The Oklahoma Employment Security Commission shall seek any

federal funds available for the implementation of the Jobs Recovery

Program, including, but not limited to, funds available from grants

or work and training programs.

B. The Oklahoma Employment Security Commission shall seek any

private sector funds available for the implementation of the Jobs

Recovery Program, including, but not limited to, funds available

from donations or grants.
Okla. Stat. tit. 40, § 40-197.1 — OK Code / Title 40 / Section 40-197.1
Declarations
Status: in_force

The welfare of the State of Oklahoma demands that the working

people of Oklahoma be protected from conditions of labor which have

a pernicious effect on their health or morals. The State of

Oklahoma, therefore, exercising herein its police and sovereign

Oklahoma Statutes - Title 40. Labor Page 266

power, declares that inadequate wages and insanitary conditions of

labor exert such pernicious effect.
Okla. Stat. tit. 40, § 40-142.2 — OK Code / Title 40 / Section 40-142.2
Inspection by Department of Labor
Status: in_force

A. The Department of Labor shall have authority to have access

to and inspect any equipment including compression equipment and

storage tanks, practices or methods used by or in association with

any public access compressed natural gas fueling station or pump or

any hydrogen fueling station or pump.

B. The Department may promulgate rules as necessary to

implement the provisions of this section.
Okla. Stat. tit. 40, § 40-141.2 — OK Code / Title 40 / Section 40-141.2
Exemptions – Exhibitor boilers
Status: in_force

A. This act shall not apply to the following boilers, hot water

heaters and pressure vessels:

1. Pressure vessels used for the transportation of compressed

gases if constructed and operated in compliance with specifications

and regulations of the United States Department of Transportation or

of the Corporation Commission of Oklahoma and any unfired pressure

vessels used as containers for liquefied petroleum gases and subject

to the jurisdiction of the United States Department of

Transportation or the Oklahoma Liquefied Petroleum Gas

Administration or successor agencies;

2. Pressure vessels containing air located on vehicles

operating pursuant to regulations of other jurisdiction authorities;

Oklahoma Statutes - Title 40. Labor Page 210

3. Pressure vessels having an internal or external operating

pressure not exceeding fifteen (15) pounds per square inch gauge -

one hundred three (103) kilopascals gauge with no limit on size;

4. Pressure vessels having an inside diameter not exceeding six

(6) inches (152mm) with no limitation on pressure;

5. Pressure vessels with a nominal water containing capacity of

one hundred twenty (120) gallons or four hundred fifty (450) liters

or less, to be used for domestic supply purposes, for containing

water under pressure including those containing air, the compression

of which serves only as a cushion;

6. Pressure vessels containing water heated by steam or other

indirect means when none of the following limitations is exceeded:

a. a heat input of two hundred thousand (200,000)

British thermal units per hour - fifty-eight thousand

six hundred (58,600) watts,

b. a water temperature of two hundred ten degrees

Fahrenheit (210º F), or

c. a water containing capacity of one hundred twenty

(120) gallons - four hundred fifty (450) liters;

7. Pressure vessels which may be classified as pressure

containers which are integral parts of components of rotating or

reciprocating mechanical devices such as pumps, compressors,

turbines, generators, engines and hydraulic or pneumatic cylinders

where the primary design considerations and/or stresses are derived

from the functional requirements of the device, or structures whose

primary function is the transport of fluids from one location to

another within a system of which it is an integral part, i.e.,

piping systems;

8. Hot water supply boilers which are directly fired with oil,

gas or electricity when none of the following limitations are

exceeded:

a. a heat input of two hundred thousand (200,000)

British thermal units per hour - fifty-eight thousand

six hundred (58,600) watts,

b. a water temperature of two hundred ten degrees

Fahrenheit (210º F), or

c. a water containing capacity of one hundred twenty

(120) gallons - four hundred fifty (450) liters;

9. Boilers and pressure vessels under federal control and

railroad locomotive boilers;

10. Pressure vessels located on remote sites and limited to

oil and natural gas gathering facilities or processing plants that

have fewer than ten buildings intended for human occupancy per one-

fourth (1/4) square mile and where the closest building is at least

two hundred twenty (220) yards from any vessel;

11. Pressure vessels in the care, custody and control of

research facilities and used solely for research purposes which

Oklahoma Statutes - Title 40. Labor Page 211

require one or more details of noncode construction or which involve

destruction or reduced life expectancy of those vessels; and

12. Hot water supply heaters as defined in subparagraph f of

paragraph 1 of Section 141.1 of this title, with piping connections

to the potable water supply system which are intended to supply hot

water for domestic or commercial purposes other than space heating.

However, the Commissioner shall make routine inspections and issue

necessary orders regarding existing hot water supply heaters located

in facilities or installations owned or operated by the State of

Oklahoma or its agencies, counties, municipalities or school

districts.

B. The following boilers and pressure vessels shall be exempt

from Sections 141.13 through 141.16 of this title:

1. Pressure vessels not exceeding fifteen (15) cubic feet in

volume and two hundred fifty (250) pounds per square inch gauge

pressure;

2. Low pressure steam boilers, hot water heating boilers, hot

water supply boilers, hot water supply heaters or pressure vessels

which are located in private residences or in apartment houses of

less than six-family units; and

3. Pressure vessels operated entirely full of water or other

liquid which is not materially more hazardous than water, provided

the temperature of the vessel contents does not exceed one hundred

fifty degrees Fahrenheit (150º F) or a pressure of two hundred (200)

pounds per square inch gauge.

C. 1. Either a special inspector or an inspector licensed by

the Department of Labor shall inspect exhibitor boilers on an annual

basis when exhibitor boilers are being operated at public events.

Exhibitor boilers maintained by owner/operators for private use and

not for operation for the public shall be exempt from inspection by

this state. Annual inspections by this state or a special inspector

shall consist of the following:

a. an internal and external visual,

b. threaded openings in the boiler may be inspected, when

deemed appropriate, by the inspector after conducting

an internal and external visual,

c. a hydrostatic pressure test at one and twenty-five

one-hundredths (1.25) times the maximum allowable

working pressure,

d. the maximum allowable working pressure shall not

exceed one hundred eighty-five (185) pounds per square

inch (psi),

e. the ash pan and grates on a dry bottom vessel shall be

removed to allow a visual inspection of the crown

sheet,

f. a visual inspection of the crown sheet on wet bottom

boilers,

Oklahoma Statutes - Title 40. Labor Page 212

g. all boilers shall have a fusible plug that is

constructed to the American Society of Mechanical

Engineers (ASME) code and indicated by an ASME marking

on the filler material. It shall protrude one (1)

inch into the water on a fireside fusible plug and no

more than one (1) inch on a waterside fusible plug,

h. the pressure relief valve shall be National Board

capacity certified,

i. a gage glass shall be present with a guard to protect

the glass, drain valve or petcock, be piped to a safe

location, and be operational,

j. try cocks shall be located in correlation to the

minimum required water level,

k. a pressure gage that has been tested and proven

accurate at the time of the annual pressure test,

l. all piping shall be schedule 80, black pipe (SA-53 B

or SA-105 B) from the boiler to the first valve,

m. the boiler shall be equipped with two means of

supplying feed water while under pressure, and

n. all welding to the boiler shall be done by a certified

repair organization as accredited and described in

Part RA of the National Boiler Inspection Code (NBIC).

2. Exhibitor boilers shall have a nondestructive exam performed

once every five (5) years for determining repairs and thin areas

that need to be repaired. An inspector from the Department of Labor

may perform a random nondestructive exam annually. Results from the

exam may be used by the inspector to waive any time remaining on the

five-year period. A nondestructive exam shall meet the following

requirements:

a. on a dry bottom boiler, no less than 150 readings

shall be taken,

b. on a wet bottom boiler, no less than 180 readings

shall be taken,

c. this exam shall include the areas surrounding the

crown sheet stays and any areas subject to corrosion,

d. a loss of metal that is greater than forty percent

(40%) of the original boiler plate thickness in an

area greater than three (3) inches in diameter shall

be considered to be a thin area and shall need to be

repaired prior to any operation,

e. exams shall be by a certified professional pursuant to

applicable provisions of law of this state,

f. no exam shall be by a certified professional that has

a vested interest in the boiler that is being

examined,

Oklahoma Statutes - Title 40. Labor Page 213

g. the exam results shall be made available to the

organization where the boiler is being exhibited, if

requested, and

h. the exam results shall be made available at the time

of the annual inspection to the inspector, if

requested.

For purposes of this subsection, "exhibitor boiler" shall mean a

boiler which is operated in this state for nonprofit purposes

including, but not limited to, exhibitions, fairs, parades, farm

machinery shows, or any other event of a historical or educational

nature. An exhibitor boiler includes steam locomotives, traction

and portable steam engines, and stationary boilers of the firetube,

watertube, model or miniature, and may be riveted, riveted and

welded, or all welded construction, if used within the state for

nonprofit purposes.

D. Pressure vessels, associated piping, and connections

located on oil and gas lease sites shall fall under the exclusive

jurisdiction of the Corporation Commission. The Corporation

Commission shall be responsible for the inspection of oil and gas

lease pressure vessels to ensure the vessels, associated piping, and

connections are properly operated and maintained in a manner deemed

appropriate by the Corporation Commission.
Okla. Stat. tit. 40, § 40-196.2a — OK Code / Title 40 / Section 40-196.2a
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

Oklahoma Statutes - Title 40. Labor Page 263

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, § 40-165.9 — OK Code / Title 40 / Section 40-165.9
Actions to recover unpaid wages and damages - Parties -
Status: in_force

Costs and attorney's fees.

A. Action by an employee to recover unpaid wages and liquidated

damages may be maintained in any court of competent jurisdiction by

any one or more employees for and in behalf of himself or themselves

and other employees similarly situated, or such employee or

employees may designate an agent or representative to maintain such

action for and on behalf of all employees similarly situated for

such wages. Any employee, or his representative, shall have the

power to settle and adjust his claim for unpaid wages.

B. The court in any action brought under this section may, in

addition to any judgment awarded to the plaintiff or plaintiffs,

defendant or defendants, allow costs of the action, including costs

or fees of any nature, and reasonable attorney's fees.
Okla. Stat. tit. 40, § 40-3-117 — OK Code / Title 40 / Section 40-3-117
Findings of fact or law
Status: in_force

FINDINGS OF FACT OR LAW.

Any findings of fact or law, judgment, conclusion or final order

made by the Oklahoma Employment Security Commission or its

representatives under Article 3 of the Employment Security Act of

1980 shall be conclusive and binding for all purposes concerning

this act. The findings of fact or law, judgment, conclusion or

final order of the Oklahoma Employment Security Commission or its

representatives shall not be conclusive or binding in any separate

or subsequent action or proceeding that does not involve the

Oklahoma Employment Security Commission and shall not be used as

evidence in any separate or subsequent action or proceeding 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, § 40-4-310A — OK Code / Title 40 / Section 40-4-310A
Renumbered as § 4-310.1 of this title by Laws 2006, c
Status: in_force

176, § 29, eff. July 1, 2006.
Okla. Stat. tit. 40, § 40-142.16 — OK Code / Title 40 / Section 40-142.16
Violations - Civil penalties - Determination of penalty
Status: in_force

amount - Surrender of certificate in lieu of fine – Administrative

hearing.

A. Any person who has been determined by the Commissioner of

Labor or designee to have violated any provision of the Alternative

Fuels Technician Certification Act or any rule or order issued

pursuant to the provisions of the Alternative Fuels Technician

Certification Act may be liable for a civil penalty of not more than

One Hundred Dollars ($100.00) for each day that said violation

occurs. The maximum civil penalty shall not exceed Ten Thousand

Dollars ($10,000.00) for any related series of violations.

B. The amount of the penalty shall be assessed by the

Commissioner of Labor or designee pursuant to the provisions of

subsection A of this section, after notice and hearing. In

determining the amount of the penalty, the Commissioner of Labor or

designee shall include, but not be limited to, consideration of the

nature, circumstances, and gravity of the violation and, with

respect to the person found to have committed the violation, the

degree of culpability, and any show of good faith in attempting to

achieve compliance with the provisions of the Alternative Fuels

Technician Certification Act. All monies collected from such civil

penalties shall be deposited with the State Treasurer of Oklahoma

and placed in the Alternative Fuels Technician Certification

Revolving Fund.

C. Any certificate holder may elect to surrender his

certificate in lieu of said fine but shall be forever barred from

obtaining a reissuance of said certificate.

D. In addition to, or in lieu of, the civil penalties set forth

in subsections A and B of this section, the Commissioner of Labor or

designee, at the discretion of the Commissioner or designee, may

assess the following fines for violations of the act:

1. Failure to meet the applicable adopted minimum

standards in the installation, modification,

repair, maintenance, or renovation of an

alternative fuel fill station, an electric vehicle

charge station or alternative fuel vehicle

equipment, per occurrence: $200.00

2. Performing the work or offering, by advertisement

or otherwise, to perform the work of an alternative

fuels equipment technician without valid

certification, per occurrence: $200.00

3. Performing the work or offering, by advertisement

or otherwise, to perform the work of an alternative

fuels compression technician without valid

certification, per occurrence: $200.00

4. Performing the work or offering, by advertisement

or otherwise, to perform the work of an electric

Oklahoma Statutes - Title 40. Labor Page 243

vehicle technician without valid certification, per

occurrence: $200.00

5. Performing the work or offering, by advertisement

or otherwise, to perform the work of an alternative

fuels installation company, partnership or

corporation without valid certification, per

occurrence: $500.00

E. Payment for the fines set forth in subsection D of this

section shall be due within thirty (30) days of issuance of a

citation by the Commissioner or designee. Any person wishing to

contest any of the aforementioned fines shall petition the

Commissioner or designee for an administrative hearing, in writing,

within thirty (30) days of issuance of the fine or fines. If

requested, the hearing shall then be scheduled by the Commissioner

or designee as provided in the Administrative Procedures Act.

F. Nothing in this section shall be construed to prevent

revocation or suspension of a certificate pursuant to Section 142.11

of this title.
Okla. Stat. tit. 40, § 40-188 — OK Code / Title 40 / Section 40-188
Equipment
Status: in_force

On and after April 15, 1958, it shall be unlawful for any

person, firm or corporation operating or controlling any railroad

running through or within the State of Oklahoma and engaged in the

business of a common carrier to operate a track motor car, or

transport its employees in a track motor car, which is not equipped

with a substantial top for the protection of said employees from

rain, snow, sleet and hail, and equipped with a transparent

windshield sufficient in width and height to protect said employees

therefrom, which windshield shall be of safety glass. Such a motor

car shall also be equipped with an electric windshield wiper that

Oklahoma Statutes - Title 40. Labor Page 261

will remove rain, snow and other moisture from the windshield

thereof, and said windshield wiper shall be so devised that the

driver of said motor car can start or stop said windshield wiper

while he is driving the same.
Okla. Stat. tit. 40, § 40-173 — OK Code / Title 40 / Section 40-173
Penalty
Status: in_force

Any person, firm or corporation violating the preceding section

shall be fined in any sum not less than One Hundred Dollars

($100.00), nor more than Five Hundred Dollars ($500.00), and any

person so blacklisted shall have a right of action to recover

damages.
Okla. Stat. tit. 40, § 40-180 — OK Code / Title 40 / Section 40-180
Penalty
Status: in_force

Every person or corporation, or manager, superintendent, foreman

or agent of any person or corporation, who shall fail or refuse to

comply with the provisions of the preceding section, shall be deemed

guilty of a misdemeanor, and upon conviction thereof shall be

punished by a fine of not less than Twenty-five Dollars ($25.00) nor

more than One Hundred Dollars ($100.00); and each day that said

person or corporation, or its manager, superintendent, foreman or

Oklahoma Statutes - Title 40. Labor Page 259

agent shall refuse or fail to comply with the provisions of said

section shall constitute a separate and distinct violation thereof.
Okla. Stat. tit. 40, § 40-2-503.1 — OK Code / Title 40 / Section 40-2-503.1
Filing of employer protest and documents
Status: in_force

FILING OF EMPLOYER PROTEST AND DOCUMENTS.

A. An employer may file a statement of objections to the claim

of a former employee at any time from the moment of discharge or

separation from employment until the expiration of the ten-day time

period set out in subsection E of Section 2-503 of this title. The

statement of objections must contain a statement of specific facts

and documentation which:

1. Disclose the name and Social Security number of the

employee;

2. Make the claimant ineligible for benefits under Sections 2-

201 through 2-210 of this title;

3. Disqualify the claimant for benefits under Sections 2-401

through 2-419 of this title; or

4. Relieve the employer from being charged for the benefit

wages of this claimant.

B. Any timely statement of objection filed shall be considered

a valid protest to a claim for unemployment benefits and the

employer shall be considered an interested party to the claim. A

statement of objection filed outside the time period or in any

manner other than as set out in subsection A of this section shall

not be considered a valid protest to a claim for unemployment of the

former employee, and the employer shall not be considered an

interested party to the claim.
Okla. Stat. tit. 40, § 40-196.14 — OK Code / Title 40 / Section 40-196.14
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, § 40-4-606 — OK Code / Title 40 / Section 40-4-606
State Treasurer liable on official bond
Status: in_force

STATE TREASURER LIABLE ON OFFICIAL BOND. The State Treasurer

shall be liable on his official bond for the faithful performance of

his duties in connection with the Employment Security Administration

Fund provided for under this act. Such liability on the official

bond shall be effective immediately upon the enactment of this

provision, and such liability shall exist in addition to any

liability upon any separate bond existent on the effective date of

this provision, or which may be given in the future. All sums

recovered on any surety bond for losses sustained by the Employment

Security Administration Fund shall be deposited in said fund.
Okla. Stat. tit. 40, § 40-2-102 — OK Code / Title 40 / Section 40-2-102
Rounding provision
Status: in_force

ROUNDING PROVISION. Any benefit amount, any maximum benefit

amount, or any payment amount computed under the provisions of this

article that is not a multiple of One Dollar ($1.00) shall be

computed to the next lower multiple of One Dollar ($1.00).
Okla. Stat. tit. 40, § 40-503 — OK Code / Title 40 / Section 40-503
Action for damages - Costs and attorney fees
Status: in_force

A. The sole remedy for any individual claiming to be aggrieved

by a violation of Section 11 of this act shall be a civil action for

damages which shall include all wages and benefits deprived the

individual by reason of the violation.

B. The court shall award the prevailing party in such action

court costs and reasonable attorney fees.
Okla. Stat. tit. 40, § 40-171 — OK Code / Title 40 / Section 40-171
Public service corporation to give letter to employee
Status: in_force

leaving service.

Whenever any employee of any public service corporation, or of a

contractor, who works for such corporation, doing business in this

state, shall be discharged or voluntarily quits the service of such

employer, it shall be the duty of the superintendent or manager, or

contractor, upon request of such employee to issue to such employee

a letter, setting forth the nature of the service rendered by such

employee to such corporation or contractor, and the duration

thereof, and truly stating the cause for which such employee was

discharged from or quit such service, and, if any such

superintendent, manager or contractor shall fail or refuse to issue

such letter, to such employee, when so requested, or shall willfully

or negligently refuse or fail to state the facts correctly, such

superintendent, manager or contractor shall be deemed guilty of a

misdemeanor and upon conviction thereof, shall be punished by a fine

of not less than One Hundred Dollars ($100.00), and not more than

Five Hundred Dollars ($500.00), and by imprisonment in the county

jail for a period of not less than one (1) month and not exceeding

one (1) year: Provided, that such letter shall be written, in its

entirety, upon a plain sheet of white paper to be selected by such

employee. No printed blank shall be used, and if such letter be

written upon a typewriter, it shall be signed with pen and black ink

and immediately beneath such signature shall be affixed the official

stamp, or seal, of said superintendent, manager or other officer of

such corporation or contractor, in an upright position. There shall

be no figures, words or letters used, upon such piece of paper,

except such as are plainly essential, either in the date line,

address, the body of the letter or the signature and seal or stamp

thereafter, and no such letter shall have any picture, imprint,

character, design, device, impression or mark, either in the body

thereof or upon the face or back thereof and any person of whom such

letter is required who fails to comply with the foregoing

requirements shall be liable to the penalties above prescribed.
Okla. Stat. tit. 40, § 40-183 — OK Code / Title 40 / Section 40-183
Employer guilty of manslaughter, when - Penalty
Status: in_force

Should any employee enter such boiler, firebox, or smoke

chamber, while the same is under pressure of steam, at the command

or order of his employer, or the agent of such employer, and while

inside of such boiler, firebox or smoke chamber, meet with an

accident resulting in his death, the person or persons commanding or

ordering him to enter such boiler, firebox, or smoke chamber, shall

be guilty of manslaughter in the second degree, a Class D1 felony

offense punishable as provided for in subsections B through F of

Section 20N of Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 40, § 40-57 — OK Code / Title 40 / Section 40-57
Enforcement
Status: in_force

Any applicant or employee may seek criminal enforcement of this

act through request made to any district attorney or the Attorney

General of the State of Oklahoma. Any person convicted of violating

the provisions of this act shall be guilty of a misdemeanor and

shall be fined not less than Fifty Dollars ($50.00), nor more than

One Hundred Dollars ($100.00), or the fee charged for the service,

whichever is greater, for each offense, or be imprisoned in the

county jail for a period of not exceeding six (6) months, or both

such fine and imprisonment, at the discretion of the court.
Okla. Stat. tit. 40, § 40-170 — OK Code / Title 40 / Section 40-170
Workman may recover for misrepresentation
Status: in_force

Any workman who shall be influenced, induced or persuaded to

engage with any persons mentioned in Section 3765, through or by

means of any of the things therein prohibited, shall have the right

of action for recovery of all damages that he has sustained in

consequence of the false or deceptive representation, false

advertisement and false pretenses used to induce him to change his

Oklahoma Statutes - Title 40. Labor Page 252

place of employment, against any companies, corporations, or other

employers of labor, directly or indirectly causing such damages,

and, in addition to all actual damages such workman may have

sustained, he shall be entitled to recover such reasonable

attorney's fees as the jury shall fix, to be taxed as costs in any

judgment recovered.
Okla. Stat. tit. 40, § 40-173.3 — OK Code / Title 40 / Section 40-173.3
Employer liability for not reviewing personal social
Status: in_force

media accounts.

No business or employer shall be held liable in any regard for

not reviewing an employee's personal online social media accounts as

defined herein. Furthermore, no business or employer shall be held

liable in any regard for not requesting, accessing or reviewing the

personal online social media accounts of any employee. The

employer's failure to access such information shall not be

admissible in any legal proceeding.
Okla. Stat. tit. 40, § 40-2-108 — OK Code / Title 40 / Section 40-2-108
Benefits - Approved training
Status: in_force

BENEFITS - APPROVED TRAINING.

A. Notwithstanding any other provisions of law, no otherwise

eligible individual shall be denied benefits for any week because

the individual is in training with the approval of the Oklahoma

Employment Security Commission, nor shall such individual be denied

benefits with respect to any week in which the individual is in

training with the approval of the Commission by reason of the

application of provisions of law relating to availability for work,

active search for work, failure to apply for, or a refusal to

accept, suitable work. Such approval for training shall be

determined by consideration of all the following factors:

1. The individual's skills are obsolete or such that there are

minimal opportunities for employment;

2. Training is for an occupation for which there is a

substantial and recurring demand; and

3. The individual possesses aptitudes or skills which can be

supplemented by retraining within a reasonable time.

B. Any individual in training approved by the Commission will

produce satisfactory evidence of continued attendance and

Oklahoma Statutes - Title 40. Labor Page 53

satisfactory progress, when requested by the Commission. Failure to

comply shall result in a disqualification of benefits for each week

of occurrence.
Okla. Stat. tit. 40, § 40-3-607 — OK Code / Title 40 / Section 40-3-607
Requisitions from unemployment trust account
Status: in_force

REQUISITIONS FROM UNEMPLOYMENT TRUST ACCOUNT. Moneys

requisitioned from this state's account in the unemployment trust

fund shall be used exclusively for the payment of benefits. The

Commission shall, from time to time, requisition from the

unemployment trust fund such amounts, not exceeding the amounts

standing to this state's account therein, as it deems necessary for

the payment of such benefits for a reasonable future period. Upon

receipt thereof such moneys shall be deposited in the benefit

account.
Okla. Stat. tit. 40, § 40-559.1 — OK Code / Title 40 / Section 40-559.1
Results of single-use tests — Report of information to
Status: in_force

employer's review officer.

A. A testing facility shall report single-use test results that

meet the standard to be sent to the laboratory for confirmation

testing to an employer’s review officer, or a designee of the

employer’s review officer, as soon as the results for the single-use

test become available or the next working day. The final conclusion

of the testing, which shall include the results of the single-use

tests, confirmatory tests, or quality control data, shall be

reviewed and the test certified as an accurate report by the

responsible individual. The report shall identify the drugs and

metabolites tested for, whether positive or negative, and the cutoff

for each, the specimen number assigned by the employer, and the

testing facility specimen identification number.

B. The drug screen testing facility shall report as negative

all specimens which are negative on the single-use test or negative

on the confirmatory test. Only specimens confirmed positive shall

be reported as positive for a specific drug.

C. The review officer may request from the certified

laboratory, and the certified laboratory shall provide, quantitation

of test results. The review officer shall not disclose quantitation

Oklahoma Statutes - Title 40. Labor Page 316

of test results to the employer but shall report only whether the

test was positive or negative.

D. The drug screen testing facility may transmit results to the

review officer by electronic means, including teleprinters,

facsimile, or computer, in a manner designed to ensure

confidentiality of the information. Results shall not be provided

verbally by telephone. The drug screen testing facility shall

ensure the security of the data transmission and limit access to any

data transmission, storage, and retrieval system.

E. The certified laboratory shall send to the review officer

the positive drug test results, which shall be signed by the

individual responsible for the day-to-day management of the

certified laboratory or the individual responsible for attesting to

the validity of the test reports.
Okla. Stat. tit. 40, § 40-6-102 — OK Code / Title 40 / Section 40-6-102
Expenditures from fund
Status: in_force

EXPENDITURES FROM FUND.

A. The monies in the OESC Computer Fund shall be used for the

following purposes:

1. To purchase or lease a new computer system for the Oklahoma

Employment Security Commission to be used in its mission to provide

an employment service, unemployment insurance, and economic research

for the citizens of this state as well as the administration of

these programs;

Oklahoma Statutes - Title 40. Labor Page 188

2. To purchase or lease any auxiliary or peripheral equipment

necessary for the operation of the new computer system;

3. To purchase or lease any and all software needed for the

operation of the new computer system;

4. To pay for all computer programming and analysis necessary

to make the new computer system operational;

5. To pay for all designing, engineering, planning, networking,

and training to make the new computer system operational;

6. To pay for all shipping and installation charges for the

computer system and its auxiliary and peripheral equipment; and

7. To make refunds of contributions erroneously collected and

deposited in the OESC Computer Fund.

B. If any money remains in this fund after the new computer

system has been brought on line and made fully operational, that

excess money shall be transferred to the Unemployment Compensation

Fund.

C. If the Commission receives a grant from the United States

Department of Labor to be used to make the Commission's computer

system compliant with the year 2000, or if the Commission receives a

grant from the United States Department of Labor to upgrade or

modify its Interactive Voice Response System (IVRS), then the

Commission will, upon receipt of the federal grant money, deduct an

equal amount of money from the OESC Computer Fund and transfer it to

the Unemployment Compensation Fund.
Okla. Stat. tit. 40, § 40-2-404.1 — OK Code / Title 40 / Section 40-2-404.1
Leaving work voluntarily of temporary employee
Status: in_force

A. For the purposes of this section:

1. "Temporary help firm" means a firm that hires its own

employees and assigns them to clients to support or supplement the

client's work force in work situations such as employee absences,

Oklahoma Statutes - Title 40. Labor Page 64

temporary skill shortages, seasonal workloads and special

assignments and projects;

2. "Temporary employee" means an employee assigned to work for

the clients of a temporary help firm; and

3. "Good cause" means a reason that is significant and would

compel an average reasonable worker, who would otherwise want a

suitable job assignment with a client of the temporary help firm, to

fail to contact the temporary help firm, to refuse an offered

assignment, or to be unavailable for assignment; and

4. "Suitable job assignment" means work, either full-time or

part-time for one or more days or portions thereof, that is in

keeping with the education, training, experience, and ability of the

individual to perform.

B. A temporary employee of a temporary help firm will be deemed

to have left his or her last work voluntarily without good cause

connected with the work if the temporary employee:

1. Does not contact the temporary help firm for reassignment on

completion of an assignment. The temporary help firm shall

establish the manner for a temporary employee to communicate that

his or her assignment has ended and that he or she is available for

reassignment at any time;

2. Refuses a suitable job assignment, without good cause;

3. Communicates his or her decision to cease seeking assignment

for any period of time;

4. Becomes unavailable to accept a suitable job assignment,

without good cause; or

5. Accepts employment with a client of the temporary help firm.

On and after the effective date of this act, the provisions of

this subsection shall apply only if the temporary employee has been

advised of the obligations and been provided a copy of a separate

document written in clear and concise language that states the

provisions in this section and that unemployment benefits may be

denied for failure to comply.

C. For the purposes of the Employment Security Act of 1980, the

temporary help firm is deemed to be the employer of the temporary

employee.
Okla. Stat. tit. 40, § 40-1-231 — OK Code / Title 40 / Section 40-1-231
Limitations on duration of benefits
Status: in_force

LIMITATIONS ON DURATION OF BENEFITS.

A. For purposes of this section, "state average unemployment

insurance claims" means the weekly average of Continued UI Claims

for the thirteen (13) weeks beginning with the first file week

ending in the month of July in the calendar year prior to the

current calendar year as published by the Oklahoma Employment

Security Commission or the agency responsible for collecting and

publishing unemployment insurance claims data.

B. On January 1, 2025, for unemployment compensation claims

submitted during a calendar year, the duration of benefits is

limited to:

1. a. Sixteen (16) weeks if the state's average unemployment

insurance claims are at or below five thousand (5,000)

claims,

b. An additional two (2) weeks shall be added in addition

to the sixteen (16) weeks for each fifteen thousand

(15,000) increments if the state's average

unemployment insurance claims are above five thousand

(5,000) claims, or

c. Up to the maximum of twenty (20) weeks; or

2. In the event that the weekly claims data of continued claims

administered by the Oklahoma Employment Security Commission exceeds

Oklahoma Statutes - Title 40. Labor Page 48

forty thousand (40,000) claims, the maximum duration of benefits

shall immediately be raised to twenty-six (26) weeks. This maximum

benefit duration shall be in place until the weekly claims data of

continued UI claims falls below forty thousand (40,000) claims at

which time the maximum duration of benefits shall be determined

pursuant to paragraph 1 of subsection B of this section.
Okla. Stat. tit. 40, § 40-9-104 — OK Code / Title 40 / Section 40-9-104
Emergency
Status: in_force

EMERGENCY. It being immediately necessary for the preservation

of the public peace, health and safety, an emergency is hereby

declared to exist, by reason whereof this act shall take effect and

be in full force from and after its passage and approval.
Okla. Stat. tit. 40, § 40-557 — OK Code / Title 40 / Section 40-557
Licensure and regulation of testing facilities -
Status: in_force

Alternative testing methods.

A. The State Board of Health shall have the power and duty to

promulgate, prescribe, amend and repeal rules for the licensure and

regulation of testing facilities, which shall include, but not be

limited to, the following:

1. Qualifications of testing facilities which shall include the

requirement that facilities doing urine analysis tests be certified

for forensic urine drug testing pursuant to guidelines or

regulations of the federal Department of Health and Human Services

or be accredited for forensic urine drug testing by the College of

American Pathologists or other organizations recognized by the State

Board of Health;

2. Qualifications of testing facility personnel; and

3. Procedures for the testing facility to provide the necessary

documentation of testing procedures and test results to the employer

requesting testing services as may be required by a court or

administrative proceeding.

B. Nothing in the Standards for Workplace Drug and Alcohol

Testing Act shall be construed as prohibiting an employer from

adopting a policy which allows for testing for drugs or alcohol by

another method which is reasonably calculated to detect the presence

of drugs or alcohol, including, but not limited to, breathalyzer

testing, testing by use of a single-use test device, known as an on-

site or quick testing device, to collect, handle, store and ship a

sample collected for testing.
Okla. Stat. tit. 40, § 40-190 — OK Code / Title 40 / Section 40-190
Enforcement
Status: in_force

It shall be the duty of the Corporation Commission of the State

of Oklahoma to enforce this act.
Okla. Stat. tit. 40, § 40-365 — OK Code / Title 40 / Section 40-365
Rethinking Paying Subminimal Wage to Persons with
Status: in_force

Disabilities Task Force — Members — Responsibilities — Report.

A. There is hereby created until November 1, 2027, the

Rethinking Paying Subminimal Wage to Persons with Disabilities Task

Force.

B. The Task Force shall study and develop a plan to phase out

the practice of paying workers with disabilities subminimum wages

under 14(c) certificate programs in Oklahoma. The Task Force shall

study, review, and make recommendations on the following, with a

focus on transitioning workers with disabilities currently being

paid subminimum wages under 14(c) certificates to competitive,

integrated employment at or above minimum wage, and when

appropriate, alternative meaningful day programs for those not able

or wanting to move to competitive, integrated employment:

1. Identify potential obstacles and negative impacts of phasing

out subminimum wages and 14(c) use in Oklahoma; and

2. Develop a plan for phasing out subminimum wages and 14(c)

use in Oklahoma that:

a. reduces potential negative impacts and maximizes the

potential for successful transition to competitive,

integrated employment,

Oklahoma Statutes - Title 40. Labor Page 277

b. includes alternative meaningful day programs for those

individuals who do not wish to transition to

competitive, integrated employment or for those for

whom it is not appropriate, and

c. establishes an appropriate timeline for phasing out

subminimum wages.

C. The Task Force shall consist of eleven (11) members as

follows:

1. The Secretary of Commerce and Workforce Development;

2. A member of the Oklahoma House of Representatives, appointed

by the Speaker of the House;

3. A member of the Oklahoma State Senate, appointed by the

President Pro Tempore;

4. A representative from the Oklahoma Disability Law Center,

appointed by the President Pro Tempore of the Oklahoma State Senate;

5. A representative from the Oklahoma state chapter of the

Association of People Supporting Employment First, appointed by the

Speaker of the House;

6. A self-advocate who is currently enrolled or previously

employed at subminimum wage, appointed by the Board of the Oklahoma

Developmental Disabilities Council;

7. A parent or family member of a person with a disability who

has successfully transitioned from subminimum wage to competitive,

integrated employment, appointed by the Board of the Oklahoma

Developmental Disabilities Council;

8. A director of a program who previously held a 14(c)

certificate and successfully transitioned to community integrated

employment, appointed by the Governor;

9. A private employer who employs individuals with

disabilities, appointed by the Governor;

10. The Director of the Department of Human Services

Developmental Disabilities Services or his or her designee; and

11. The Director of the Oklahoma Department of Rehabilitation

Services or his or her designee.

D. The member of the Oklahoma House of Representatives and the

member of the Oklahoma State Senate shall serve as co-chairs of the

Task Force. Appointments to the Task Force shall be made within

thirty (30) days after the effective date of this act. Meetings of

the Task Force shall be held at the call of either co-chair of the

Task Force. Members shall serve at the pleasure of their appointing

authorities. A majority of the members of the Task Force shall

constitute a quorum to transact business, but no vacancy shall

impair the right of the remaining members to exercise all of the

powers of the Task Force. Except as otherwise provided, a vacancy

on the Task Force shall be filled by the original appointing

authority. If the original appointing authority fails to make an

appointment within thirty (30) days after the effective date of this

Oklahoma Statutes - Title 40. Labor Page 278

act, a majority of the members of the Task Force who have been

appointed may fill the vacancy to the open position. Staff support

for the Task Force shall be provided by the staff of the Oklahoma

House of Representatives and the Oklahoma State Senate. The

Oklahoma Department of Career and Technology Education, Oklahoma

State Regents for Higher Education, Office of Disability Concerns,

Oklahoma Department of Rehabilitation Services, Oklahoma Health Care

Authority, Department of Human Services, and the State Use Committee

of the Office of Management and Enterprise Services shall provide

support and information as requested by the Task Force.

E. Members of the Task Force shall receive no compensation for

serving on the Task Force, but may receive travel reimbursement,

contingent on the availability of private funds for this purpose.

F. The Task Force may seek the assistance of the Legislative

Service Bureau or the State Board of Education to contract with an

independent consultant as necessary to fulfill the duties specified

in this section, contingent on the availability of funds.

G. The Task Force shall submit a final report by January 1,

2028, to the Governor, the President Pro Tempore of the Oklahoma

State Senate, and the Speaker of the Oklahoma House of

Representatives.
Okla. Stat. tit. 40, § 40-455 — OK Code / Title 40 / Section 40-455
Inspections and investigations
Status: in_force

The Commissioner of Labor or an authorized representative shall

have the power and authority to enter at reasonable times upon any

property for the purpose of inspecting and investigating contractors

relating to the abatement of any friable material containing

asbestos pursuant to the Oklahoma Asbestos Control Act.
Okla. Stat. tit. 40, § 40-417 — OK Code / Title 40 / Section 40-417
Reports by employers of statistical data - Summary
Status: in_force

(1) To assure the availability of accurate, timely statistical

data concerning occupational health and safety in Oklahoma, all

employers as defined in Section 402 of this title shall submit

reports, on a form and in a manner prescribed by the Commissioner of

Labor. Reports shall include only those injuries arising from

employment within the State of Oklahoma.

(2) The Department may exempt from this requirement those

classes of employers for whose operations adequate records of safety

experience are already available or the Department may exempt any

employer from this requirement when, in the judgment of the

Commissioner, the submission of annual reports by such employer is

not necessary to carry out the purposes of this act and would be an

undue burden upon such employer because of size, the nature of its

operation or other special circumstances.

(3) The Department shall publish each year a detailed summary

of the statistical data received from employers. A copy of such

summary shall be available on request to each reporting

establishment required to file reports of disabling work injuries

and shall be made available to anyone having a legitimate interest

in the subject matter of the report.
Okla. Stat. tit. 40, § 40-1-229 — OK Code / Title 40 / Section 40-1-229
Assigned tax rate and earned tax rate
Status: in_force

ASSIGNED TAX RATE AND EARNED TAX RATE.

A. "Assigned tax rate" means the tax rate assigned to an

employer pursuant to Section 3-110.1 of this title when the employer

does not have sufficient experience history to meet the At-Risk Rule

set out in paragraph 3 of Section 3-110.1 of this title.

Oklahoma Statutes - Title 40. Labor Page 47

B. "Earned tax rate" means the tax rate calculated for an

employer with sufficient experience history to meet the At-Risk Rule

set out in paragraph 3 of Section 3-110.1 of this title, with the

tax rate calculated pursuant to the provisions of Part 1 of Article

3 of the Employment Security Act of 1980.
Okla. Stat. tit. 40, § 40-451 — OK Code / Title 40 / Section 40-451
Definitions
Status: in_force

As used in the Oklahoma Asbestos Control Act:

1. "Friable asbestos material" means any material that contains

asbestos of more than one percent (1%) or more that can be crumbled,

pulverized or reduced to powder by hand pressure;

Oklahoma Statutes - Title 40. Labor Page 290

2. "Friable asbestos material abatement" means the removal,

encapsulation or enclosure of friable asbestos containing material;

3. "Friable asbestos material encapsulation" means the

application of a bonding agent called a sealant, which penetrates

and hardens the asbestos material or covers the surface of the

material with a protective coating, thus preventing fiber release

from the asbestos material;

4. "Friable asbestos material removal" means the actual

physical removal of any friable asbestos containing material from a

facility, when the asbestos is either attached to or detached from

any device or structure;

5. "Contractor" means any public or private entity that engages

in friable asbestos containing material abatement in any facility in

this state except private residences or apartment houses of less

than six family units;

6. "Commissioner" means the Commissioner of Labor.
Okla. Stat. tit. 40, § 40-2-405 — OK Code / Title 40 / Section 40-2-405
Determining good cause
Status: in_force

DETERMINING GOOD CAUSE.

Good cause for voluntarily leaving work under Section 2-404 of

this title may include, among other factors, the following:

1. A job working condition that had changed to such a degree it

was so harmful, detrimental, or adverse to the individual's health,

safety, or morals, that leaving the work was justified;

2. Substantially unfair treatment of the employee or the

creating of substantially difficult working conditions by the

employer; or

3. If the claimant, pursuant to an option provided under a

collective bargaining agreement or written employer plan which

permits waiver of his or her right to retain the employment when

there is a layoff, has elected to be separated and the employer has

consented thereto.
Okla. Stat. tit. 40, § 40-5-101 — OK Code / Title 40 / Section 40-5-101
Applicability
Status: in_force

APPLICABILITY. This part applies to penalties for violations of

this act.
Okla. Stat. tit. 40, § 40-4-501 — OK Code / Title 40 / Section 40-4-501
Applicability
Status: in_force

APPLICABILITY. This part shall apply to the maintenance and

production of work records by employers.
Okla. Stat. tit. 40, § 40-2-406.1 — OK Code / Title 40 / Section 40-2-406.1
Discharge for refusal to undergo drug or alcohol
Status: in_force

testing or positive test.

A. 1. An employee discharged on the basis of a refusal to

undergo drug or alcohol testing or a positive drug or alcohol test

conducted in accordance with the provisions of the Standards for

Oklahoma Statutes - Title 40. Labor Page 67

Workplace Drug and Alcohol Testing Act shall be considered to have

been discharged for misconduct and shall be disqualified for

benefits pursuant to the provisions of Section 2-406 of this title.

2. In any challenge to a positive drug or alcohol test, the

claimant has the burden to prove that the test was not properly

conducted. The employer must provide the chain of custody

documentation at the request of any claimant challenging his or her

test result.

3. When the claimant fails to request a confirmation test

pursuant to Section 556 of this title, the claimant shall not be

eligible for benefits.

B. In any claim brought by the discharged employee for

compensation, a written report of the drug or alcohol test results

shall be accepted as prima facie evidence of the administration and

results of the drug or alcohol test. If challenged by the claimant

as provided in paragraph 2 of subsection A of this section, the

written report of the drug or alcohol test results shall be

acceptable for presentation as evidence with the chain of custody of

the sample properly documented.
Okla. Stat. tit. 40, § 40-4-701 — OK Code / Title 40 / Section 40-4-701
Applicability
Status: in_force

APPLICABILITY. This part shall apply to reciprocal arrangements

with agencies of other states, of the federal government, or with

foreign governments.
Okla. Stat. tit. 40, § 40-196.6 — OK Code / Title 40 / Section 40-196.6
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.

Oklahoma Statutes - Title 40. Labor Page 264
Okla. Stat. tit. 40, § 40-165.4 — OK Code / Title 40 / Section 40-165.4
Bona fide disagreements
Status: in_force

Oklahoma Statutes - Title 40. Labor Page 247

A. In order to successfully allege a bona fide disagreement

over the amount of wages, the employer shall:

1. Pay such amount as the employer concedes to be due, without

condition, within the time required by Sections 165.2 and 165.3 of

this title; and

2. Provide to the employee, within fifteen (15) days of either

receipt of a wage claim form from the Department of Labor or

certified mail receipt of written demand from an employee, written

explanation of the relevant facts and/or evidence which supports the

belief of the employer that the wages in dispute are not owed.

B. Acceptance by the employee of any payment made under this

section shall not constitute a release as to the balance of the wage

claim.

C. Payment in accordance with this section shall constitute

payment for the purposes of complying with Sections 165.2 and 165.3

of this title only in those instances where there exists a bona fide

disagreement over the amount of wages as defined by Section 165.1 of

this title.

D. The Commissioner may set the contested amounts for

administrative hearing pursuant to Section 165.7 of this title.
Okla. Stat. tit. 40, § 40-3-307 — OK Code / Title 40 / Section 40-3-307
Remittances - Deposit of monies - Returned checks -
Status: in_force

Bogus check complaint.

A. All remittance under Section 1-101 et seq. of this title

shall be made payable to the Oklahoma Employment Security Commission

Oklahoma Statutes - Title 40. Labor Page 139

at Oklahoma City, Oklahoma, by automatic clearinghouse (ACH)

debit/credit, financial institution, draft, check, cashier's check,

electronic fund transfer, credit card, money order or money, and the

Commission shall issue its receipt, for cash or money payment, to

the payor. No remittance other than cash shall be in final

discharge of liability due the Commission unless and until it shall

have been paid in cash. All monies collected shall be deposited

with the State Treasurer. There shall be assessed, in addition to

any other penalties provided for by law, an administrative service

fee of Twenty-five Dollars ($25.00) on each check returned to the

Commission or any agent thereof by reason of the refusal of the

financial institution upon which such check was drawn to honor the

same. There shall be assessed, in addition to any other penalties

provided for by law, an administrative service fee of Twenty-five

Dollars ($25.00) on each electronic fund transfer that fails due to

insufficient funds in the payor's account.

B. Upon the return of any check by reason of the refusal of the

financial institution upon which such check was drawn to honor the

same, the Commission may file a bogus check complaint with the

appropriate district attorney who shall refer the complaint to the

Bogus Check Restitution Program established by Section 111 of Title

22 of the Oklahoma Statutes. Funds collected through the program

after collection of the fee authorized by Section 114 of Title 22 of

the Oklahoma Statutes for deposit in the Bogus Check Restitution

Program Fund in the county treasury shall be transmitted to the

Commission and credited to the liability for which the returned

check was drawn along with the administrative service fee provided

by this section.

C. The Commission shall promulgate rules for the deadlines of

payment of unemployment taxes and the method of payment.
Okla. Stat. tit. 40, § 40-177 — OK Code / Title 40 / Section 40-177
Contractor or person in charge to comply with preceding
Status: in_force

sections - Penalty for violations - Prohibition of use of scaffolds,

etc.

Any contractor or other person having charge of the erection,

construction, repairing, alteration, removal or painting of any

building, bridge, viaduct, steel tank, standpipe or other structure,

within the provisions of the three preceding sections, shall comply

with the terms thereof, and any such contractor or other person

violating any of the provisions of the three preceding sections

shall, upon conviction thereof, be fined not less than Fifty Dollars

($50.00) nor more than Two Hundred Dollars ($200.00), or imprisoned

for not less than thirty (30) days nor more than one (1) year, or

Oklahoma Statutes - Title 40. Labor Page 258

both such fine and imprisonment, in the discretion of the Court. In

addition to the penalties herein provided, in the event of refusal

or neglect of any person, firm or corporation, or his, or its agent,

to comply with the provisions of the three preceding sections, the

use of any such scaffold, hoist, crane, stays, ladder, support, or

other mechanical contrivance, or the erection, repairing,

alteration, removal or painting of any building, bridge, viaduct,

steel tank, or other structure, may be prohibited by the Labor

Commissioner, or inspector deputized by him, and a notice to that

effect shall be posted upon the premises. Such notice shall not be

removed until such scaffold, hoist, crane, stays, ladder, support or

other mechanical contrivance or temporary floorings are properly and

safely constructed.Oklahoma Statutes - Title 40. Labor Page 10
Okla. Stat. tit. 40, § 40-5-202 — OK Code / Title 40 / Section 40-5-202
Civil actions
Status: in_force

CIVIL ACTIONS. In any civil action to enforce the provisions of

this act the Commission, the Board of Review, and the state may be

represented by any qualified attorney who is employed by the

Commission and is designated by it for this purpose, or at the

Oklahoma Statutes - Title 40. Labor Page 187

Commission's request by the Attorney General, or if the action is

brought in the courts of any other state by any attorney qualified

to appear in the courts of that state.
Okla. Stat. tit. 40, § 40-4-102 — OK Code / Title 40 / Section 40-4-102
Composition
Status: in_force

COMPOSITION. There is hereby created a Commission to be known

as the Oklahoma Employment Security Commission. The Commission

shall consist of five (5) members, appointed by the Governor, by and

Oklahoma Statutes - Title 40. Labor Page 161

with the consent of the Oklahoma State Senate, two of whom shall

represent employers, two shall represent employees, and one shall

represent the public. The representative of the public shall be the

Chairman of the Commission. New appointments shall be made within

ninety (90) days after any vacancy occurs in the membership.
Okla. Stat. tit. 40, § 40-562 — OK Code / Title 40 / Section 40-562
Disciplinary actions
Status: in_force

A. An employer's policy shall state the disciplinary actions

that may be taken upon a refusal to undergo a drug or alcohol test

or for a positive test for the presence of drugs or alcohol.

B. An employer may take disciplinary action, up to and

including discharge, against an employee who refuses to undergo drug

or alcohol testing conducted in accordance with the provisions of

Section 551 et seq. of this title or who tests positive for the

presence of drugs or alcohol.

C. Notwithstanding any provision of law for confidentiality of

drug or alcohol testing results, nothing in the Standards for

Workplace Drug and Alcohol Testing Act shall preclude an employer,

contracting with another employer, from sharing drug or alcohol

testing results of any tested person who works pursuant to such

contractual agreement.
Okla. Stat. tit. 40, § 40-165.3a — OK Code / Title 40 / Section 40-165.3a
Payment of wages to surviving spouse and children
Status: in_force

Other than an employee provided with an option of beneficiary

designation with respect to his wages and benefits by his employer,

all wages earned by an employee, not exceeding Three Thousand

Dollars ($3,000.00), shall, upon the employee's death, become due

and payable to the employee's surviving spouse, or if there is no

surviving spouse, the dependent children, or their guardians or the

conservators of their estates, in equal shares, without the

necessity of a probate court action.
Okla. Stat. tit. 40, § 40-141.11 — OK Code / Title 40 / Section 40-141.11
Suspension of inspector's certificate of competency
Status: in_force

An inspector's certificate of competency may be suspended by the

Commissioner of Labor after due investigation for the incompetence

or untrustworthiness of the inspector or for the willful

falsification of any matter or statement contained in his

application, or a report of any inspections made by him. Written

notice of any such suspension shall be transmitted by the

Commissioner of Labor to the inspector and his employer not more

than ten (10) days following the suspension. A person whose

certificate of competency has been suspended shall be entitled to an

appeal as provided by the Oklahoma Administrative Procedures Act.
Okla. Stat. tit. 40, § 40-4-203 — OK Code / Title 40 / Section 40-4-203
Salary
Status: in_force

SALARY.

Each member of the Board of Review shall be paid from the

Employment Security Administration Fund a salary of Thirty Thousand

Dollars ($30,000.00) per annum, payable biweekly, plus actual and

necessary traveling expenses incurred in the performance of his or

her duties as provided in the State Travel Reimbursement Act.
Okla. Stat. tit. 40, § 40-1 — OK Code / Title 40 / Section 40-1
Commissioner of Labor - Powers and duties
Status: in_force

A. The Commissioner of Labor shall be the Chief Executive

Officer of the Department of Labor, and shall supervise the work of

that Department.

B. It shall be the duty of the Commissioner of Labor to:

1. foster, promote, and develop the welfare of the wage earners

of this state;

2. improve working conditions of the wage earners;

3. advance opportunities of wage earners for profitable

employment; and

4. carry into effect all laws in relation to labor enacted by

the Legislature for which responsibility is assigned to the

Commissioner of Labor.

C. The Commissioner of Labor may administer oaths, issue

subpoenas for the attendance of witnesses and take testimony in all

matters relating to the proper enforcement of all laws over which

the Commissioner has supervision pursuant to the provisions of the

laws of this state.
Okla. Stat. tit. 40, § 40-2-716 — OK Code / Title 40 / Section 40-2-716
Weekly extended benefit amount
Status: in_force

WEEKLY EXTENDED BENEFIT AMOUNT. (1) The weekly extended

benefit amount payable to an individual for a week of total

unemployment in his eligibility period shall be an amount equal to

the weekly benefit amount payable to him for a week of total

unemployment during his current benefit year, or if he has no

current benefit year, his most recent benefit year. If the

individual had more than one (1) weekly amount of regular benefits

for total unemployment during such benefit year, the weekly amount

of extended benefits for total unemployment shall be the average of

such weekly benefit amounts.

(2) The weekly benefit amount of extended benefits payable for

a week of less than total unemployment shall be based on the weekly

benefit amount determined pursuant to subsection (1) of this

section. Provided, that for any week during a period in which

federal payments to states under Section 204 of the Federal-State

Extended Unemployment Compensation Act of 1970 are reduced under an

order issued under Section 252 of the Balanced Budget and Emergency

Deficit Control Act of 1985, the weekly extended benefit amount

payable to an individual for a week of total unemployment in his

eligibility period shall be reduced by a percentage equivalent to

the percentage of the reduction in the federal payment. Such

reduced weekly extended benefit amount, if not a full dollar amount,

shall be rounded to the nearest lower full dollar amount.
Okla. Stat. tit. 40, § 40-4-604 — OK Code / Title 40 / Section 40-4-604
Composition of fund
Status: in_force

Oklahoma Statutes - Title 40. Labor Page 179

COMPOSITION OF FUND. The fund shall consist of all moneys

appropriated by this state, all moneys received from the United

States of America, or any agency thereof, and all moneys received

from any other source for such purpose, and shall also include any

moneys received from any agency of the United States or any other

state as compensation for services or facilities supplied to such

agency, any amounts received pursuant to any surety bond or

insurance policy or from other sources for losses sustained by the

Employment Security Administration Fund or by reason of damage to

equipment or supplies purchased from moneys in such fund, and any

proceeds realized from the sale or disposition of any such equipment

or supplies which may no longer be necessary for the proper

administration of this act.
Okla. Stat. tit. 40, § 40-1-103 — OK Code / Title 40 / Section 40-1-103
Declaration of state public policy
Status: in_force

DECLARATION OF STATE PUBLIC POLICY. As a guide to the

interpretation and application of this act, the public policy of

this state is declared to be as follows: Economic insecurity due to

unemployment is a serious menace to the health, morals, and welfare

of the people of this state. Unemployment is therefore a subject of

general interest and concern which requires appropriate action by

the Legislature to prevent its spread and to lighten its burden

which now so often falls with crushing force upon the unemployed

worker and his family. The achievement of social security requires

Oklahoma Statutes - Title 40. Labor Page 14

protection against this greatest hazard of our economic life. This

objective can be furthered by operating free public employment

offices in affiliation with nationwide system of employment

services, by devising appropriate methods for reducing the volume of

unemployment and by the systematic accumulation of funds during

periods of employment, thus maintaining purchasing power and

limiting the serious social consequences of unemployment. The

Legislature, therefore, declares that in its considered judgment the

public good, and the general welfare of the citizens of this state

require the enactment of this measure, under the police power of the

state for the establishment and maintenance of free public

employment offices and for the compulsory setting aside of

unemployment reserves to be used for the benefit of persons

unemployed through no fault of their own.
Okla. Stat. tit. 40, § 40-417.1 — OK Code / Title 40 / Section 40-417.1
Special Occupational Health and Safety
Status: in_force

There is hereby created in the State Treasury a fund for the

Department of Labor to be designated the "Special Occupational

Health and Safety Fund". The fund shall be subject to legislative

appropriation and shall consist of monies collected pursuant to

Section 418 of Title 40 of the Oklahoma Statutes.
Okla. Stat. tit. 40, § 40-904 — OK Code / Title 40 / Section 40-904
Powers, duties, and responsibilities
Status: in_force

The Oklahoma Workforce Commission shall have the following

powers, duties, and responsibilities:

1. To administer the provisions of the Oklahoma Workforce

Transformation Act or any duty as directed by statute;

2. To establish an office for the Commission within this state;

3. To elect whatever other officers may be necessary to direct

operations of the Commission;

Oklahoma Statutes - Title 40. Labor Page 337

4. To employ or contract for personnel and administrative

support as the Commission deems appropriate to carry out the purpose

and provisions of the Oklahoma Workforce Transformation Act,

including, but not limited to, a nonprofit corporation to carry out

the Commission’s objectives, an executive director or other chief

executive officer, and any other employees or contractors the

Commission deems appropriate, and to prescribe their duties and fix

their compensation;

5. To administer the Workforce Coordination Revolving Fund

created in Section 255.4 of Title 62 of the Oklahoma Statutes;

6. To administer the Oklahoma Workforce Commission Revolving

Fund created in Section 3 of this act;

7. To approve or disapprove the budget of the Commission;

8. To promulgate rules to carry out the provisions of the

Oklahoma Workforce Transformation Act;

9. To enter into contracts or agreements for studies,

professional services, grant administration and procurement,

research projects, supplies, or any other services the Commission

deems necessary to carry out its purpose, and to incur those

expenses necessary to carry out those purposes;

10. To cooperate with any private, local, state, or national

commission, organization, agency, or group and to make contracts and

agreements for joint programs beneficial to Oklahoma’s workforce

development efforts;

11. To accept donations, grants, contributions, and gifts from

any public or private source and deposit such in the Oklahoma

Workforce Commission Revolving Fund, created in Section 3 of this

act;

12. To oversee and direct to the extent permitted by law the

activities and administration of the Governor’s Council for

Workforce and Economic Development, including, but not limited to,

the creation and submission of state plans to the federal government

pursuant to the provisions of the Workforce Innovation and

Opportunity Act;

13. To collect data from federal, state, and local agencies,

departments, educational institutions, boards, commissions, or any

other entities including, but not limited to:

a. number of participants in workforce development

programming,

b. cost per participant,

c. wages before and after participation in programs,

d. degree or certificate conferred on each participant,

e. number of jobs open needing degrees or certificates,

f. labor force and economic information, and

g. any other information the Commission deems appropriate

to guide funding decisions, facilitate its work or the

work of workforce development entities in the state,

Oklahoma Statutes - Title 40. Labor Page 338

or to understand the impact of the state’s workforce

efforts and programming;

14. To create and maintain a public dashboard and create

reports with data concerning workforce development efforts in the

state. All state and local agencies, departments, educational

institutions, boards, commissions, and other public entities shall

cooperate with information and data requests from the Commission or

its designees. The Oklahoma Workforce Commission shall serve as the

centralized data and information repository for workforce

development activities for the state;

15. To make recommendations to the Legislature to improve

workforce development programs in the state;

16. To implement programs designed to expand workforce

development; and

17. To work with, use and provide data the legislatively

created map developed to help make decisions on economic development

and workforce needs in the state.
Okla. Stat. tit. 40, § 40-165.3 — OK Code / Title 40 / Section 40-165.3
Termination of employee - Payment - Failure to pay
Status: in_force

A. Whenever an employee's employment terminates, the employer

shall pay the employee's wages in full, less offsets and less any

amount over which a bona fide disagreement exists, as defined by

Section 165.1 of this title, at the next regular designated payday

established for the pay period in which the work was performed

either through the regular pay channels or by certified mail

postmarked within the deadlines herein specified if requested by the

employee, unless provided otherwise by a collective bargaining

agreement that covers the employee.

B. If an employer fails to pay an employee wages as required

under subsection A of this section, such employer shall be

additionally liable to the employee for liquidated damages in the

amount of two percent (2%) of the unpaid wages for each day upon

which such failure shall continue after the day the wages were

earned and due if the employer willfully withheld wages over which

there was no bona fide disagreement; or in an amount equal to the

unpaid wages, whichever is smaller; provided, however, that for the

purpose of such liquidated damages such failure shall not be deemed

to continue after the date of the filing of a petition in bankruptcy

with respect to the employer if he thereafter shall have been

adjudicated bankrupt upon such petition.
Okla. Stat. tit. 40, § 40-1-217 — OK Code / Title 40 / Section 40-1-217
Unemployed
Status: in_force

UNEMPLOYED. A. An individual shall be deemed unemployed with

respect to any week during which:

1. The individual performed no services; and

2. No wages are payable to the individual.

B. For an initial or additional initial claim filing, an

individual shall be deemed unemployed:

1. With respect to any week of less than full-time work, if the

wages payable to the individual are less than his or her weekly

benefit amount plus One Hundred Dollars ($100.00); and

2. If the individual has incurred a loss of wages or reductions

in hours equal to or greater than fifteen percent (15%) of the

income or hours worked, based on his or her customary work

experience or contract of hire.

C. For filing made during a continued claim series, an

individual shall be deemed unemployed with respect to any week of

less than full-time work if the wages payable to the individual are

Oklahoma Statutes - Title 40. Labor Page 41

less than his or her weekly benefit amount plus One Hundred Dollars

($100.00).

D. For the purpose of this section only, any vacation leave

payments or sick leave payments, which such individual may receive

or be entitled to from his or her employer or former employer,

arising by reason of separation from employment, shall be deemed not

to be wages as the term wages is used in this section.

E. A finding that an individual has satisfied the hour and wage

threshold as defined in this section shall not preclude a potential

investigation or disqualification for benefits as provided in

Section 2-101 et seq. of this title if the employer files a timely

protest to the initial or additional initial claim.
Okla. Stat. tit. 40, § 40-405.2 — OK Code / Title 40 / Section 40-405.2
Department of Labor Administrative Penalty Revolving Fund - Elevator Safety Act
Status: in_force

Oklahoma Statutes - Title 40. Labor Page 11Fund - Elevator Safety Act violations

There is hereby created in the State Treasury a revolving fund

for the Department of Labor to be designated the "Department of

Labor Administrative Penalty Revolving Fund". The fund shall be a

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

consist of all administrative fines collected by the Department for

violations of the Elevator Safety Act, and any rules promulgated

thereto. All monies accruing to the credit of the fund are hereby

directed to be transferred by the Commissioner of Labor to the State

Treasurer for deposit and credit to the General Revenue Fund at the

end of each fiscal year.
Okla. Stat. tit. 40, § 40-196.13 — OK Code / Title 40 / Section 40-196.13
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, § 40-5-103 — OK Code / Title 40 / Section 40-5-103
Violations by employers
Status: in_force

VIOLATIONS BY EMPLOYERS. Any employer or any officer or agent

of an employer or any other person who makes a false statement or

representation knowing it to be false, or who knowingly fails to

disclose a material fact, to prevent or reduce the payment of

benefits to any individual entitled thereto, or to avoid becoming or

remaining a subject employer or to avoid or reduce any contribution

or other payment required from an employing unit under this act or

under the unemployment compensation law of any state or of the

federal government, or who willfully fails or refuses to make or to

furnish any reports required hereunder or to produce or permit the

inspection or copying of records as required hereunder, 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 fine and imprisonment; and each such false statement or

representation or failure to disclose a material fact, and each day

of such failure or refusal shall constitute a separate offense.
Okla. Stat. tit. 40, § 40-2-413 — OK Code / Title 40 / Section 40-2-413
Inmates during confinement
Status: in_force

INMATES DURING CONFINEMENT. No inmate of the State Department

of Corrections shall during confinement be eligible to receive

benefits under this act.
Okla. Stat. tit. 40, § 40-6-201 — OK Code / Title 40 / Section 40-6-201
OESC Technology Fund
Status: in_force

OESC TECHNOLOGY FUND.

A. There is hereby created in the State Treasury a revolving

fund for the Oklahoma Employment Security Commission to be

designated the "OESC Technology Fund". The OESC Technology Fund

Oklahoma Statutes - Title 40. Labor Page 190

shall be separate and distinct from the Unemployment Compensation

Fund and shall consist of:

1. All monies received from employers and paid pursuant to

Section 6-204 of this title; and

2. Financial instruments, certificates of deposit, bonds and

securities acquired by and through the use of monies in the OESC

Technology Fund.

B. The OESC Technology Fund shall be a continuing fund, not

subject to fiscal year limitations. All monies accruing to the

credit of the OESC Technology Fund are hereby appropriated and shall

be budgeted and expended solely for the purposes of modernizing the

business processes and technology of the Oklahoma Employment

Security Commission as set forth in Section 6-202 of this title.

Expenditures from the OESC Technology 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, § 40-3-105 — OK Code / Title 40 / Section 40-3-105
Benefit wages - Quarter charged
Status: in_force

BENEFIT WAGES - QUARTER CHARGED.

When in any benefit year a claimant is paid benefits for his or

her fifth compensable week of unemployment or is paid benefits as

defined in paragraph 3 of Section 4-702 of this title, his or her

taxable wages during his or her base period shall be treated, for

the purpose of this part, as though they had been paid in the

calendar quarter in which the fifth compensable week of unemployment

benefits are paid.
Okla. Stat. tit. 40, § 40-1-230 — OK Code / Title 40 / Section 40-1-230
Notice given
Status: in_force

NOTICE GIVEN. A. Notice shall be deemed given when the

Oklahoma Employment Security Commission notifies by one of the

following means:

1. Mail;

2. Email or fax to email; or

3. Upload to the agency digital portal.

There is a rebuttable presumption that notice has been given on

the date stated in the communication.

B. The Commission's preferred method of notification shall be

electronic delivery through the agency digital portal or email. If

claimants or employers wish to opt in to delivery by the agency

digital portal or email, they may notify the Commission by one of

the methods listed in subsection A of this section.
Okla. Stat. tit. 40, § 40-2-506 — OK Code / Title 40 / Section 40-2-506
Redeterminations
Status: in_force

REDETERMINATIONS.

The Oklahoma Employment Security Commission may reconsider a

determination only when it finds that an error in computation or

identity has occurred in connection therewith, or that wages of the

claimant pertinent to such determination, but not considered in

connection therewith, have been newly determined, or that reimbursed

pay or back pay was received by a claimant under circumstances that

would reduce the amount of benefits drawn, or that benefits have

been allowed or denied or the amount of benefits fixed on the basis

of misrepresentation or mistake of material facts, but no such

redetermination shall be made after the expiration of the benefit

year established by the initial determination, except that a

determination made because of a false statement or representation or

failure to disclose a material fact in violation of Section 5-102 or

5-103 of this title may be redetermined within two (2) years from

the date of such false statement or representation or failure to

disclose. Notice of any such redetermination shall be promptly

given to the parties entitled to notice of the original

determination, in the manner prescribed in the Employment Security

Act of 1980 with respect to notice of an original determination. If

the amount of benefits is increased upon such redetermination, an

appeal therefrom solely with respect to the matters involved in such

increase may be filed in the manner and subject to the limitations

provided in Part 5 of Article 2 of the Employment Security Act of

1980. If the amount of benefits is decreased upon such

redetermination, the matters involved in such decrease shall be

subject to review in connection with an appeal by claimant from any

determination upon a subsequent claim for benefits which may be

affected in amount or duration by such redetermination. Subject to

the same limitations and for the same reasons, the Commission may

reconsider the determination in any case in which the final decision

has been rendered by an appeal tribunal, the Board of Review or a

court, and may apply to the body or court which rendered such final

decision to issue a revised decision. In the event that an appeal

involving an original determination is pending as of the date a

redetermination thereof is issued, such appeal, unless withdrawn,

shall be treated as an appeal from such redetermination.

Oklahoma Statutes - Title 40. Labor Page 81
Okla. Stat. tit. 40, § 40-3-108 — OK Code / Title 40 / Section 40-3-108
State experience factor
Status: in_force

STATE EXPERIENCE FACTOR.

The total benefits paid from the Unemployment Compensation Fund

during the experience period, less all amounts credited to the Fund

other than employers' contributions, interest, penalties, fees and

interest earned on the Fund, divided by the statewide total of

benefit wages of all employers for the experience period, after

adjustments to the nearest multiple of one percent (1%) shall be

termed the "state experience factor." The state experience factor

for any year shall be determined prior to the due date of the first

contribution payment on wages for employment in that year.
Okla. Stat. tit. 40, § 40-3-301 — OK Code / Title 40 / Section 40-3-301
Penalty and interest on past-due contributions
Status: in_force

PENALTY AND INTEREST ON PAST-DUE CONTRIBUTIONS.

A. If contributions are not paid on the date on which they are

due and payable as prescribed by the Oklahoma Employment Security

Commission, the whole or part thereafter remaining unpaid shall bear

Oklahoma Statutes - Title 40. Labor Page 135

interest at the rate of one percent (1%) per month for each month or

fraction thereof from and after such date until payment is received

by the Commission. The date on which payment of contributions is

deemed to have been received may be determined by such rules as the

Commission may prescribe.

B. If any employer fails or refuses to file contribution and

wage reports required under the provisions of this act within

fifteen (15) days after written notice has been mailed to the

employer by the Commission or its representative regardless of

whether or not any wages or taxable wages were paid, there shall

accrue a penalty of Two Hundred Dollars ($200.00). In addition to

such penalty, there shall be a penalty of ten percent (10%) added to

the total contributions due, collected and paid. Such penalties

shall be in addition to any interest due. The provisions of this

subsection shall not apply to employers that are subject to

subsection B of Section 3-806 of this title.
Okla. Stat. tit. 40, § 40-187 — OK Code / Title 40 / Section 40-187
Revocation of charter for violation
Status: in_force

Any railroad company failing to carry out and adhere to the

provisions of this act shall have its charter, authorizing it to do

business in this state, revoked by the Secretary of State.
Okla. Stat. tit. 40, § 40-4-310.1 — OK Code / Title 40 / Section 40-4-310.1
Adoption and promulgation of rules
Status: in_force

ADOPTION AND PROMULGATION OF RULES. The adoption and

promulgation of all rules by the Oklahoma Employment Security

Commission shall be in accordance with the procedures set forth in

Article I of the Administrative Procedures Act.
Okla. Stat. tit. 40, § 40-4-504 — OK Code / Title 40 / Section 40-4-504
Oaths, depositions, certifications of official acts and
Status: in_force

subpoenas.

OATHS, DEPOSITIONS, CERTIFICATIONS OF OFFICIAL ACTS AND

SUBPOENAS.

In the discharge of the duties imposed by the Employment

Security Act of 1980, the Oklahoma Employment Security Commission,

the chairman of an appeal tribunal, the members of the Board of

Review, and any duly authorized representative of any of them shall

have power to administer oaths and affirmations, take depositions,

certify to official acts, and issue subpoenas to compel the

Oklahoma Statutes - Title 40. Labor Page 170

attendance of witnesses and the production of books, papers,

correspondence, memoranda, and other records deemed necessary as

evidence in connection with a disputed claim or the administration

of the Employment Security Act of 1980 or for purposes of monitoring

a workforce system program.
Okla. Stat. tit. 40, § 40-142.10 — OK Code / Title 40 / Section 40-142.10
Recertification - Rules and guidelines
Status: in_force

The Commissioner of Labor shall adopt rules and guidelines for

the expiration of certificates for alternative fuels equipment

technicians, alternative fuels compression technicians, and electric

vehicle technicians, and for determining the recertification of

alternative fuels equipment technicians, alternative fuels

compression technicians, and electric vehicle technicians.
Okla. Stat. tit. 40, § 40-141.17 — OK Code / Title 40 / Section 40-141.17
Bond
Status: in_force

The chief boiler inspector and deputy inspectors shall be bonded

in the sum of Five Thousand Dollars ($5,000.00) conditioned upon

faithful performance of duty and true account of all money and

proper disposition of all said money.
Okla. Stat. tit. 40, § 40-3-106.1 — OK Code / Title 40 / Section 40-3-106.1
Relief from benefit wages charged - Addendum
Status: in_force

RELIEF FROM BENEFIT WAGES CHARGED - ADDENDUM.

A. For purposes of this section, "pandemic" means a health

state of emergency declared by the Governor.

B. 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 by the Commission. Provided, an

employer's benefit wages shall not include wages paid by the

employer to any employee who was separated from employment as a

direct result of a natural disaster, pandemic, fire, flood or

explosion that causes employees to be separated from one employer's

employment.
Okla. Stat. tit. 40, § 40-4-601 — OK Code / Title 40 / Section 40-4-601
Applicability
Status: in_force

APPLICABILITY. This part shall apply to the Employment Security

Administration Fund.
Okla. Stat. tit. 40, § 40-141.1 — OK Code / Title 40 / Section 40-141.1
Short title - Definitions
Status: in_force

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

Pressure Vessel Safety Act", and, except as otherwise herein

provided, shall apply to all boilers and pressure vessels. For the

purpose of this act, the following definitions apply:

1. "Boiler" means a closed vessel in which water is heated,

steam is generated, steam is superheated, or any combination

thereof, under pressure or vacuum, for external use to itself, by

the direct application of heat. The term "boiler" includes fired

units for heating or vaporizing liquids other than water where these

units are separate from processing systems and complete within

themselves:

a. "power boiler" means a boiler in which steam or other

vapor is generated at a pressure of more than fifteen

(15) pounds per square inch gauge, or as further

defined in American Society of Mechanical Engineers

Boiler and Pressure Vessel Code Section I,

b. "high-temperature water boiler" means a water boiler

intended for operation at pressures in excess of one

hundred sixty (160) pounds per square inch gauge; or

temperatures in excess of two hundred fifty degrees

Fahrenheit (250° F), or as further defined in

American Society of Mechanical Engineers Boiler and

Pressure Vessel Code Section I,

c. "low pressure steam boiler" means a steam boiler

operating at pressures not exceeding fifteen (15)

pounds per square inch gauge, or as further defined

in American Society of Mechanical Engineers Boiler

and Pressure Vessel Code Section IV,

d. "hot water heating boiler" means a heating boiler

operating at pressures not exceeding one hundred

sixty (160) pounds per square inch gauge - one

thousand one hundred three (1,103) kilopascals and/or

temperatures not exceeding two hundred fifty degrees

Fahrenheit (250° F), one hundred twenty-one degrees

Celsius (121° C), at or near the boiler outlet, or as

further defined in American Society of Mechanical

Engineers Boiler and Pressure Vessel Code Section IV,

e. "hot water supply boiler" means a supply boiler

operating at pressures not exceeding one hundred

sixty (160) pounds per square inch gauge - one

thousand one hundred three (1,103) kilopascals and/or

Oklahoma Statutes - Title 40. Labor Page 209

temperatures not exceeding two hundred fifty degrees

Fahrenheit (250° F), one hundred twenty-one degrees

Celsius (121° C), at or near the boiler outlet, or as

further defined in American Society of Mechanical

Engineers Boiler and Pressure Vessel Code Section IV,

and

f. "hot water supply heater" means a closed vessel in

which water is heated by the combustion of fuels,

electricity or any other source and withdrawn for use

external to the system at pressures not exceeding one

hundred sixty (160) pounds per square inch gauge and

shall include all controls and devices necessary to

prevent water temperature from exceeding two hundred

ten degrees Fahrenheit (210° F), ninety-eight point

nine degrees Celsius (98.9°C);

2. "Pressure vessel" means a vessel in which pressure is

obtained from an external source or by the application of heat other

than those vessels defined in paragraph 1 of this section or as

further defined in American Society of Mechanical Engineers Boiler

and Pressure Vessel Code Section VIII, Division I;

3. "Certificate of operation" means an annual certificate,

unless otherwise provided for in this act, issued by the

Commissioner of Labor permitting the operation of a boiler or

pressure vessel which has been inspected as provided for in this

act;

4. "Steam lines" means piping of welded construction in which

steam is contained and/or transported at a pressure in excess of

fifteen (15) pounds per square inch gauge; and

5. "Commissioner" means the Commissioner of Labor or the

Commissioner’s duly authorized representative.
Okla. Stat. tit. 40, § 40-2-207 — OK Code / Title 40 / Section 40-2-207
Wage requirement during base period
Status: in_force

WAGE REQUIREMENT DURING BASE PERIOD.

A. The unemployed individual, during the individual's base

period, shall have been paid:

1. Taxable wages of not less than One Thousand Five Hundred

Dollars ($1,500.00); and

2. Total wages of not less than one and one-half (1 1/2) times

the amount of wages during that quarter of the individual's base

period in which the wages were highest.

B. Notwithstanding the provisions in subsection A of this

section, an unemployed individual shall be eligible for benefits if,

during the individual's base period, he or she shall have been paid:

Oklahoma Statutes - Title 40. Labor Page 56

1. Taxable wages of any amount; and

2. Total wages equal to or more than the annual amount of

taxable wages that applies to any calendar year in which the claim

for unemployment benefits was filed.

C. 1. If an individual lacks sufficient base period wages to

establish a claim for benefits under this section, any wages paid in

the individual's alternative base period shall be considered as the

individual's base period wages. Once the alternative base period

wages are determined, those wage figures shall be used to determine

eligibility for benefits under subsection A or B of this section.

2. If the Commission has not received wage information from the

individual's employer for the most recent calendar quarter of the

alternative base period, the Commission shall accept an affidavit

from the individual supported by wage information such as check

stubs, deposit slips, or other supporting documentation to determine

wages paid.

3. A determination of benefits based on an alternative base

period shall be adjusted when the quarterly wage report is received

from the employer, if the wage information in the report differs

from that reported by the individual.

4. If alternative base period wages are established by

affidavit of the individual, the employer to which the wages are

attributed will have the right to protest the wages reported. If a

protest is made, the employer must provide documentary evidence of

wages paid to the individual. The Commission will determine the

wages paid based on the preponderance of the evidence presented by

each party.

5. Provided, no wages used to establish a claim under an

alternative base period shall be subsequently used to establish a

second benefit year.
Okla. Stat. tit. 40, § 40-481 — OK Code / Title 40 / Section 40-481
Establishment - Purpose - Administration - Public works jobs included in program - Criteria
Status: in_force

for work experience assignments - Public projects contracted by private sector contractor whichjobs included in program - Criteria for work experience assignments

- Public projects contracted by private sector contractor which may

be included - Eligible participants - Voluntariness of

participation.

A. There shall be established a Jobs Recovery Program in

accordance with this act. The purpose of the Jobs Recovery Program

shall be to provide public works jobs and training for individuals

not otherwise able to obtain employment, provided they meet the

requirements specified in subsection F of this section, in order to

assist them in obtaining regular public or private employment.

B. The Oklahoma Employment Security Commission shall administer

this program subject to the requirements of this act and

availability of funds.

C. Public works jobs which shall be a part of this program

shall include, but not be limited to, the following:

1. Building, rebuilding or repairing roadbeds, bridges and

sidewalks;

2. Building, rebuilding, remodeling or repairing public schools

and public buildings;

3. Maintaining and improving state and municipal parks,

historical sites and cemeteries; and

4. Building, rebuilding, remodeling or repairing jails,

juvenile facilities and prisons.

D. To the extent possible, the prior training, experience,

skills and abilities of a participant of this program shall be

utilized in making appropriate work experience assignments. The

Jobs Recovery Program established under this act shall provide:

1. Appropriate standards for health, safety and other

conditions applicable to the performance of work;

2. That the program does not result in displacement of persons

currently employed, or the filling of established unfilled position

vacancies;

3. Reasonable conditions of work, taking into account the

geographic region, the residence of the participants and the

proficiency of the participants;

Oklahoma Statutes - Title 40. Labor Page 306

4. That participants will not be required, without their

consent, to travel an unreasonable distance from their homes or

remain away from their homes overnight; and

5. Appropriate workers' compensation protection to each

participant performing work under this program.

E. The Jobs Recovery Program may include any public project

which is contracted by a private sector contractor, subject to the

following requirements:

1. A contractor who commits to utilize on a particular project

a labor force of which at least one-half is comprised of

participants of this program shall be preferred in the awarding of

public contracts when his bid and the bid of a nonparticipating

contractor are equal in all respects and are the low bids. To the

extent permitted by law public funds from this program will

compensate the contractor for at least one-half of the labor costs

for participants in the Jobs Recovery Program for a period not

exceeding six (6) months for any project;

2. Contractors participating in this program shall meet the

requirements as stipulated in subsection D of this section; and

3. Contractors participating in this program shall give

priority consideration to qualified participants of this program

when established position vacancies occur.

F. Eligible participants for the Jobs Recovery Program shall be

those unemployed persons who have exhausted all state and federal

unemployment benefits, as certified by the Oklahoma Employment

Security Commission, and/or those economically disadvantaged.

G. Notwithstanding any other provision of law, participation in

the Jobs Recovery Program under this act shall be voluntary only,

and in no event shall any person be subject to legal sanctions for

nonparticipation.
Okla. Stat. tit. 40, § 40-6-104 — OK Code / Title 40 / Section 40-6-104
Computer fund assessments
Status: in_force

COMPUTER FUND ASSESSMENTS.

Oklahoma Statutes - Title 40. Labor Page 189

A. 1. For the period from July 1, 1997, to June 30, 1998, each

employer subject to the provisions of Sections 3-103, 3-109 and 3-

110 of Title 40 of the Oklahoma Statutes shall be required to pay an

OESC Computer Fund assessment equal to fifty percent (50%) of the

unemployment contributions that would be owed to the Oklahoma

Employment Security Commission before any rate reduction is made

pursuant to Section 3 of this act. This assessment shall be in

addition to any contribution which that employer is required to make

pursuant to the provisions of the Employment Security Act of 1980.

2. The assessment provided for in this section shall not be

considered part of any contribution required of an individual

employer pursuant to the Employment Security Act of 1980, nor shall

it be considered for purposes of determining the individual

employers contribution rate.

B. Employers assigned a tax rate pursuant to Sections 3-103 and

3-110 of Title 40 of the Oklahoma Statutes shall pay an OESC

Computer Fund assessment equal to the rate reduction granted them

pursuant to Section 3 of this act.

C. 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 be exempt from the

provisions of this section.

D. Employers making payments in lieu of contributions pursuant

to Sections 3-702, 3-705 and 3-806 of Title 40 of the Oklahoma

Statutes shall be exempt from the provisions of this section.

E. The assessment shall be made and collected by the Oklahoma

Employment Security Commission for deposit, on a quarterly basis, to

the credit of the OESC Computer Fund. Provided, all monies received

by the Oklahoma Employment Security Commission for the account of

the OESC Computer Fund, upon receipt, shall be deposited in a

clearance account in a financial institution located in this state.

F. Once the sum of Twenty Million Dollars ($20,000,000.00) is

collected through this assessment, any amount of money collected

through this assessment in excess of Twenty Million Dollars

($20,000,000.00) shall be transferred to the Unemployment

Compensation Fund.

G. The Oklahoma Employment Security Commission shall promulgate

such rules as may be necessary to implement the provisions of

Sections 3 through 7 of this act.
Okla. Stat. tit. 40, § 40-3-106.2 — OK Code / Title 40 / Section 40-3-106.2
Separating employers - Relief from benefit wage
Status: in_force

charges.

SEPARATING EMPLOYERS – RELIEF FROM BENEFIT WAGE CHARGES.

A separating employer will not be charged with benefit wages, or

will be relieved of the charge upon notification of the Oklahoma

Employment Security Commission, if the former employee who is the

subject of the charge was separated from employment under one of the

circumstances listed in subsection G of Section 3-106 of Title 40 of

the Oklahoma Statutes.
Okla. Stat. tit. 40, § 40-4-704 — OK Code / Title 40 / Section 40-4-704
Cooperation authorized
Status: in_force

COOPERATION AUTHORIZED. The administration of this act and of

other state and federal unemployment compensation and public

employment service laws will be promoted by cooperation between this

state and such other states and the appropriate federal agencies in

exchanging services, and making available facilities and

information. The Commission is therefore authorized to make such

investigations, secure and transmit such information, make available

such services and facilities and exercise such of the other powers

provided herein with respect to the administration of this act as it

deems necessary or appropriate to facilitate the administration of

any such unemployment compensation or public employment service law,

and, in like manner, to accept and utilize information, services and

facilities made available to this state by the agency charged with

the administration of any such other unemployment compensation or

public employment service law.
Okla. Stat. tit. 40, § 40-2-421 — OK Code / Title 40 / Section 40-2-421
Failure to participate in reemployment services through
Status: in_force

profiling.

FAILURE TO PARTICIPATE IN REEMPLOYMENT SERVICES THROUGH

PROFILING.

The Oklahoma Employment Security Commission shall establish and

utilize a system of Re-employment Services and Eligibility

Assessment selection for all ex-military service claimants and for

unemployment benefit claimants who will be likely to exhaust

unemployment benefits and who will need job-search assistance

services to make a successful transition to new employment. Any

claimant who has been referred to re-employment services pursuant to

the selection system and who fails to participate in the re-

employment services made available to the claimant, shall be

disqualified to receive benefits for each week in which the failure

occurs, unless the Commission determines that:

1. The claimant has previously completed the re-employment

services within the benefit year; or

Oklahoma Statutes - Title 40. Labor Page 74

2. There is good cause for the claimant's failure to

participate in re-employment services.
Okla. Stat. tit. 40, § 40-141.15 — OK Code / Title 40 / Section 40-141.15
Certificate of operation required - Violations
Status: in_force

After twelve (12) months for power boilers, twenty-four (24)

months for low pressure steam heating, hot water heating and hot

water supply boilers, and thirty-six (36) months for pressure

vessels following the date on which this act becomes effective, it

shall be unlawful for any person, firm, partnership or corporation

to operate in this state a boiler or pressure vessel covered by this

act, including boilers and pressure vessels covered by owner-user

inspection service provided for in Section 14, without a valid

certificate of operation. The operation of a boiler or pressure

vessel without such certificate of operation, or at a pressure

exceeding that specified in such certificate of operation or in

violation of this act or the rules and regulations promulgated under

it, shall constitute a misdemeanor on the part of the owner, user or

operator thereof. Each day of such unlawful operation shall be

deemed a separate offense.
Okla. Stat. tit. 40, § 40-3-308 — OK Code / Title 40 / Section 40-3-308
Perjury - Punishment
Status: in_force

Any person, or member of any firm or association, or any

officer, agent, or employee of any corporation, who shall knowingly

make false answer to any question which may be put to him by the

Oklahoma Employment Security Commission, touching the business or

property of any such person, firm, association, or corporation, or

the valuation thereof, or who shall make or present any false

statement filed with said Commission or required to be filed by this

title or by any state unemployment compensation law, shall be guilty

of perjury, and upon conviction, shall be punished as provided for

in Section 4-506 of Title 40 of the Oklahoma Statutes.
Okla. Stat. tit. 40, § 40-3-403 — OK Code / Title 40 / Section 40-3-403
Petition for review and transcript of Commission
Status: in_force

proceedings.

PETITION FOR REVIEW AND TRANSCRIPT OF COMMISSION PROCEEDINGS.

Within thirty (30) days after the date of mailing of the order,

ruling, or finding complained of, the party desiring to appeal shall

file in the office of the clerk of the district court of the county

that has the proper jurisdiction, a Petition for Review specifying

the grounds upon which the appeal is based. The Petition for Review

shall set out the names of all parties to the case in the style of

the case, which shall include:

Oklahoma Statutes - Title 40. Labor Page 142

1. The petitioner or entity filing the petition;

2. The Assessment Board as a respondent; and

3. All other parties in the proceeding before the Assessment

Board as respondents.

If a Petition for Review is not filed within the time allowed by

this section, the administrative order, ruling or finding will

become final and the district court will not have jurisdiction to

consider the appeal. The appealing party shall serve a file-stamped

copy of the Petition for Review on all opposing parties or their

attorneys and the Director of the Appellate Division of the Oklahoma

Employment Security Commission. The Director of the Appellate

Division shall then cause a certified transcript of the hearing to

be made which shall consist of all testimony of the parties, all

documentary evidence and other evidence introduced at the hearing,

and all decisions, judgments, or orders rendered as a result of the

hearing. The Director of the Appellate Division shall then cause

the certified transcript to be filed in the appropriate district

court within sixty (60) days of receipt of the Petition for Review.

Copies of the transcript shall be mailed by the Director of the

Appellate Division to all parties named in the style of the case on

the Petition for Review.
Okla. Stat. tit. 40, § 40-3-705 — OK Code / Title 40 / Section 40-3-705
Election to become liable for reimbursement payments
Status: in_force

ELECTION TO BECOME LIABLE FOR REIMBURSEMENT PAYMENTS. (1) Any

governmental organization, as described in Section 1-208(7) and (8)

including their instrumentalities, which is or becomes subject to

this act after December 31, 1977, may elect to become liable for

reimbursement payments in lieu of contributions in the same manner

and subject to the same provisions that apply to reimbursing

nonprofit organizations as provided in Part 8 of Article 3,

including formation of group accounts, and the proportionate

allocation of benefit costs, applicable to reimbursing nonprofit

organizations as provided in Part 8 of Article 3, except that one

hundred percent (100%) of the extended benefits attributable to

governmental entities will be reimbursed after January 1, 1979. In

lieu of making reimbursement payments in the manner provided in Part

8 of Article 3, a governmental organization authorized to raise

revenue as provided in Article X, Section 28, of the Oklahoma

Constitution may elect by resolution filed with the Commission to

make reimbursement payments after receipt of the notice of the full

amount due that is equal to the regular benefits and extended

Oklahoma Statutes - Title 40. Labor Page 156

benefits paid by the Commission during each quarter after January 1,

1978, and is attributable to service in the employ of the

governmental organization.

(2) If such amount is not paid into the unemployment

compensation fund by such governmental organization by the due date,

the Commission may file in the office of the court clerk of the

county in which the situs of the governmental organization is

located a certified copy of its notice of the full amount due,

regardless of any minimum, and including any interest or penalty

that may be assessed.

(3) The amount so certified shall be entered on the judgment

docket of the district court and shall have the same force and be

subject to the same law as judgments of the district court and paid

in the manner provided for payment of judgments against subdivisions

of government as set forth in Sections 365.1 through 365.6 of Title

62 of the Oklahoma Statutes. The Commission is hereby authorized to

sell and assign to the State Treasurer any judgments against such

governmental organization as herein provided.
Okla. Stat. tit. 40, § 40-189 — OK Code / Title 40 / Section 40-189
Transparent section
Status: in_force

Each such windshield shall contain a transparent section

reasonably sufficient in width and height to give the operator of

such car a view of the track ahead.
Okla. Stat. tit. 40, § 40-905 — OK Code / Title 40 / Section 40-905
Programs — Administration — Rules
Status: in_force

A. Pursuant to the provisions of Section 904 of Title 40 of the

Oklahoma Statutes, the Oklahoma Workforce Commission shall implement

programs in this state to address the following:

1. Development of a workforce in high demand occupations or

critical occupations as determined by the Oklahoma Workforce

Commission. Actions taken by the Commission may include:

a. identifying the needs of higher education institutions

suited for certain high demand or critical workforce

areas and helping the institutions develop and

implement plans to address those needs,

b. identify outcomes based on funding,

c. identifying and partnering for scholarship match

opportunities for students interested in these high

demand and critical workforce fields, and

d. helping institutions increase program capacity;

2. Development of work-based learning opportunities, which may

include, but not be limited to, internships, apprenticeships, and

other career exploration and exposure; and

3. Development of innovation within public schools as defined

in Section 1-106 of Title 70 of the Oklahoma Statutes that supports

workforce success, which may include:

a. developing enhanced or unique education pathways,

b. utilizing development grants for basic skills

development,

c. utilizing regulatory innovation grants, and

d. assisting in the development of career-connected high

schools.

Oklahoma Statutes - Title 40. Labor Page 339

B. The Commission may administer these programs through funds

in the Oklahoma Workforce Commission Revolving Fund created in

Section 3 of this act.

C. The Commission shall promulgate rules necessary to implement

the provisions of this section.
Okla. Stat. tit. 40, § 40-600.1 — OK Code / Title 40 / Section 40-600.1
Short title – Legislative findings
Status: in_force

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

Professional Employer Organization Recognition and Registration

Act".

B. The Legislature hereby finds:

1. That professional employer organizations provide a valuable

service to commerce and the citizens of this state by increasing the

opportunities of employers to develop cost-effective methods of

satisfying their personnel requirements and providing employees with

access to certain employment benefits which might otherwise not be

available to them;

2. That professional employer organizations operating in this

state should be properly recognized and regulated by the Department

of Insurance of this state, as provided in this act; and

3. That any allocation of the employer’s duties and

responsibilities pursuant to this act will preserve all rights to

which their covered employees would be entitled under a traditional

employment relationship.
Okla. Stat. tit. 40, § 40-197.12 — OK Code / Title 40 / Section 40-197.12
Rules, regulations and standards
Status: in_force

The Commissioner is hereby authorized and empowered to adopt

such rules, regulations and standards as he deems necessary and

appropriate to carry out the provisions of this act; provided that

the adoption of all such rules, regulations and standards and all

administrative proceedings of the Commissioner shall be governed by

applicable provisions of Sections 301-325, inclusive, of Title 75 of

the Oklahoma Statutes.
Okla. Stat. tit. 40, § 40-4-705 — OK Code / Title 40 / Section 40-4-705
Cooperative arrangements with foreign governments
Status: in_force

COOPERATIVE ARRANGEMENTS WITH FOREIGN GOVERNMENTS. To the

extent permissible under the laws and Constitution of the United

States, the Commission is authorized to enter into or cooperate in

arrangements whereby facilities and services provided under the

unemployment compensation law of any foreign government, may be

utilized for the taking of claims and the payment of benefits under

the employment security law of this state or under a similar law of

such government.
Okla. Stat. tit. 40, § 4-705 — OK Code / Title 40 / Section 4-705
Cooperative arrangements with foreign governments
Status: in_force

COOPERATIVE ARRANGEMENTS WITH FOREIGN GOVERNMENTS. To the extent permissible under the laws and Constitution of the United States, the Commission is authorized to enter into or cooperate in arrangements whereby facilities and services provided under the unemployment compensation law of any foreign government, may be utilized for the taking of claims and the payment of benefits under the employment security law of this state or under a similar law of such government.
Okla. Stat. tit. 40, § 40-500 — OK Code / Title 40 / Section 40-500
Nonsmoking as condition of employment
Status: in_force

A. It shall be unlawful for an employer to:

1. Discharge any individual, or otherwise disadvantage any

individual, with respect to compensation, terms, conditions or

privileges of employment because the individual is a nonsmoker or

smokes or uses tobacco products during nonworking hours; or

2. Require as a condition of employment that any employee or

applicant for employment abstain from smoking or using tobacco

products during nonworking hours.

B. Nothing in this section shall prohibit an employer from

offering incentives to an employee to participate in wellness

programs, including, but not limited to, smoking cessation programs,

in conjunction with the employer providing the employee health

insurance coverage.
Okla. Stat. tit. 40, § 40-4-702 — OK Code / Title 40 / Section 40-4-702
Reciprocal arrangements authorized
Status: in_force

RECIPROCAL ARRANGEMENTS AUTHORIZED. The Commission is hereby

authorized to enter into reciprocal arrangements with appropriate

Oklahoma Statutes - Title 40. Labor Page 181

and duly authorized agencies of other states or of the federal

government, or both, whereby:

1. Services performed by an individual for a single employing

unit for which services are customarily performed in more than one

state shall be deemed to be services performed entirely within any

one of the states in which:

a. any parts of such individual's service is performed,

b. such individual has his residence, or

c. the employing unit maintains a place of business,

provided there is in effect, as to such services, an election,

approved by the agency charged with the administration of such

state's unemployment compensation law, pursuant to which all the

services performed by such individual for such employing unit are

deemed to be performed entirely within such state;

2. The Commission shall cooperate with the Department of Labor

of the United States to the fullest extent consistent with the

provisions of this act, and shall 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 the Social Security

Act, 42 U.S.C., Section 301 et seq., that relate to unemployment

compensation, the Federal Unemployment Tax Act, 26 U.S.C., Section

3301 et seq., the Wagner-Peyser Act, 29 U.S.C., Section 49 et seq.,

the Federal-State Extended Unemployment Compensation Act of 1970, 26

U.S.C., Section 3304 et seq., the Workforce Investment Act of 1998,

29 U.S.C., Section 2801 et seq., and any federal comprehensive

manpower act and any other similar or related federal acts;

3. The Commission shall participate in any arrangements for the

payment of compensation on the basis of combining an individual's

wages and employment covered under said Oklahoma Employment Security

Act, as amended by this act, with his wages and employment covered

under the unemployment compensation laws of other states which are

approved by the United States Secretary of Labor in consultation

with the state unemployment compensation agencies as reasonably

calculated to assure the prompt and full payment of compensation in

such situations and which include provisions for:

a. applying the base period of a single state law to a

claim involving the combining of an individual's wages

and employment covered under two or more state

unemployment compensation laws, and

b. avoiding the duplicate use of wage and employment by

reason of such combining; and

4. Contributions due under this act with respect to wages for

insured work shall for the purposes of this act be deemed to have

been paid to the fund as of the date payment was made as

contributions therefor under another state or federal unemployment

compensation law, but no such arrangement shall be entered into

Oklahoma Statutes - Title 40. Labor Page 182

unless it contains provisions for such reimbursement to the fund of

such contributions and the actual earnings thereon as the Commission

finds will be fair and reasonable as to all affected interests.
Okla. Stat. tit. 40, § 40-4-503 — OK Code / Title 40 / Section 40-4-503
Sworn or unsworn reports
Status: in_force

SWORN OR UNSWORN REPORTS. The Commission, its authorized

representatives, or the Board of Review may require from any

employing unit any sworn or unsworn reports, with respect to persons

employed by it, which its authorized representatives deem necessary

for the effective administration of this act.
Okla. Stat. tit. 40, § 40-4-509 — OK Code / Title 40 / Section 40-4-509
Information to be furnished to public agencies
Status: in_force

INFORMATION TO BE FURNISHED TO PUBLIC AGENCIES.

A. Subject to such restrictions as the Oklahoma Employment

Security Commission may by rule prescribe, information maintained by

the Commission may be made available to any agency of this or any

other state, or any federal agency, charged with the administration

Oklahoma Statutes - Title 40. Labor Page 177

of an unemployment compensation law or the maintenance of a system

of public employment offices, or the Internal Revenue Service of the

United States Department of the Treasury, the United States Social

Security Administration or the Oklahoma Tax Commission. Any

information obtained in connection with the administration of the

employment service may be made available to:

1. Persons or agencies for purposes appropriate to the

operation of a public employment service; or

2. Any agency of this state or its political subdivisions that

operate a program or activity designated as a required partner in

the Workforce Innovation and Opportunity Act One-Stop delivery

system pursuant to 29 U.S.C., Section 3151(b)(1), in accordance with

a written agreement entered into between the partner and the

Commission.

B. Upon request, the Commission shall furnish to any agency of

the United States charged with the administration of public works or

assistance through public employment, and may furnish to any state

agency similarly charged, the name, address, ordinary occupation,

and employment status of each recipient of benefits and such

recipient's rights to further benefits pursuant to the provisions of

the Employment Security Act of 1980. The Commission shall furnish

to public agencies collecting debts created by food purchase

assistance overissuances or administering Transitional Assistance to

Needy Families (TANF) or child support programs, promptly upon

request and in the most economical, effective and timely manner,

information as to:

1. Whether an individual has applied for, is receiving or has

received unemployment insurance and the amount;

2. The individual's current address;

3. Whether the individual has refused employment and if so a

description of the job including the terms, conditions and rate of

pay; and

4. Any other information that might be useful in locating any

individual who may have a food purchase assistance overissuance or

an obligation for support.
Okla. Stat. tit. 40, § 40-2-417 — OK Code / Title 40 / Section 40-2-417
Seek and accept work - Week of occurrence
Status: in_force

disqualification.

SEEK AND ACCEPT WORK - WEEK OF OCCURRENCE DISQUALIFICATION.

A. An individual shall be disqualified to receive benefits for

each week in which the individual shall have failed to do any of the

following:

1. Diligently search for suitable employment at a pay rate

generally available in that area of the state in keeping with his or

her prior experience, education and training;

2. Make application for the minimum number of weekly work

search efforts as required by the Oklahoma Employment Security

Commission; or

3. Present oneself as an applicant for employment in a manner

designed to encourage favorable employment consideration.

B. The requirements of subsection A of this section shall be

waived if the individual has been summoned to appear for jury duty

before any court of the United States or of any state. The waiver

will continue for as long as the individual remains on jury duty

pursuant to the original summons.
Okla. Stat. tit. 40, § 40-3-808 — OK Code / Title 40 / Section 40-3-808
Election to become reimbursing employer
Status: in_force

ELECTION TO BECOME REIMBURSING EMPLOYER. Any nonprofit

organization which had been liable for paying contributions for a

period subsequent to January 1, 1972, may change to a reimbursable

basis by filing with the Commission not later than the last day of

January immediately following the beginning of any calendar year a

written notice of election to become liable for payments in lieu of

contributions. Such election shall not be terminable by the

organization for that and the next calendar year.
Okla. Stat. tit. 40, § 40-600.3 — OK Code / Title 40 / Section 40-600.3
Effect of act on collective bargaining agreements,
Status: in_force

licensing, and tax credits.

A. Collective bargaining agreements. Nothing contained in the

Oklahoma Professional Employer Organization Recognition and

Registration Act or in any professional employer agreement shall

affect, modify or amend any collective bargaining agreement, or the

rights or obligations of any client, PEO, or covered employee under

the National Labor Relations Act.

B. Licensing. Nothing contained in the Oklahoma Professional

Employer Organization Recognition and Registration Act or any

professional employer agreement shall affect, modify or amend any

state, local, or federal licensing, registration, or certification

requirement applicable to any client or covered employee.

C. Licensed employees. A covered employee who must be

licensed, registered, or certified according to law or regulation is

deemed solely an employee of the client for purposes of any such

license, registration, or certification requirement.

D. Licensed activities. A PEO shall not be deemed to engage in

any occupation, trade, profession, or other activity that is subject

to licensing, registration, or certification requirements, or is

otherwise regulated by a governmental entity solely by entering into

and maintaining a coemployment relationship with a covered employee

who is subject to such requirements or regulation.

Oklahoma Statutes - Title 40. Labor Page 321

E. Tax credits and other incentives. For purposes of

determination of tax credits and other economic incentives provided

by this state and based on employment, covered employees shall be

deemed employees solely of the client. A client shall be entitled

to the benefit of any tax credit, economic incentive, or other

benefit arising as the result of the employment of covered employees

of such client. Each PEO will provide, upon request by a client,

employment information reasonably required by any agency or

department of this state responsible for administration of any such

tax credit or economic incentive and necessary to support any

request, claim, application, or other action by a client seeking any

such tax credit or economic incentive.
Okla. Stat. tit. 40, § 40-2-305 — OK Code / Title 40 / Section 40-2-305
Deduction of individual income tax withholdings
Status: in_force

DEDUCTION OF INDIVIDUAL INCOME TAX WITHHOLDINGS.

Notwithstanding the provisions of Sections 2-301 and 2-303 of

this title, nothing shall be construed to prohibit the deduction of

an amount from unemployment compensation, otherwise payable to an

individual, to pay the withholding of federal or state individual

income tax, if that individual elected to have such a deduction made

and that deduction is made under a program approved by the United

States Secretary of Labor. For the purposes of this section, if an

individual elects to have this deduction taken from his or her

weekly benefits, the federal withholding will be deducted at the

percentage specified in the Federal Internal Revenue Code at 26

U.S.C., Section 3402(p)(2), and three percent (3%) of the total

benefit amount will be deducted to pay the state withholding.
Okla. Stat. tit. 40, § 40-6-203 — OK Code / Title 40 / Section 40-6-203
Custodian and treasurer of fund
Status: in_force

CUSTODIAN AND TREASURER OF FUND.

A. The State Treasurer shall be the custodian and treasurer of

the OESC Technology Fund.

B. The State Treasurer shall deposit the monies belonging to

the OESC Technology Fund that are in his or her custody subject to

the provisions of Section 6-204 of this title.

C. The State Treasurer, as custodian of the OESC Technology

Fund, shall hold, invest, transfer, sell, deposit and release those

monies, properties or securities in a manner approved by the

Oklahoma Employment Security Commission. Provided, however, that

those monies shall be invested in the classes of securities legal

for investment of public monies of this state. Provided further,

the investment shall at all times be so made that all assets of the

OESC Technology Fund shall always be readily convertible into cash

when needed for any expenditure authorized in Section 6-202 of this

title.
Okla. Stat. tit. 40, § 40-901 — OK Code / Title 40 / Section 40-901
Definitions
Status: in_force

As used in this act:

1. “Commission” means the Oklahoma Workforce Commission;

2. “Person” means any individual, group of individuals, or any

partnership, corporation, association, cooperative, or employee

thereof, or any other legal entity; and

3. “Governor’s Council for Workforce and Economic Development”

means the State’s Workforce Investment Board established under the

authority of Executive Order 2005-27 and Section 5003.10d of Title

74 of the Oklahoma Statutes.
Okla. Stat. tit. 40, § 40-2-724 — OK Code / Title 40 / Section 40-2-724
Limitation on amount of combined unemployment insurance
Status: in_force

and Trade Act benefits received.

LIMITATION ON AMOUNT OF COMBINED UNEMPLOYMENT INSURANCE AND

TRADE ACT BENEFITS RECEIVED. If the benefit year of any individual

ends within an extended benefit period, the remaining balance of

extended benefits that the individual would be entitled to receive

in that extended benefit period, with respect to weeks of

unemployment beginning after the end of the benefit year, shall be

reduced, but not below zero, by the product of the number of weeks

for which the individual received any amounts as trade readjustment

Oklahoma Statutes - Title 40. Labor Page 103

allowances within that benefit year, multiplied by the weekly

benefit amount for extended benefits of the individual.
Okla. Stat. tit. 40, § 40-360 — OK Code / Title 40 / Section 40-360
Short title - Oklahoma Employment First Act - Definitions
Status: in_force

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

Employment First Act".

B. All state agencies shall coordinate efforts and shall

collaborate within and among such agencies to ensure that state

programs, policies, procedures and funding support competitive

integrated employment of individuals with disabilities. All state

agencies shall, whenever feasible, share data and information across

systems in order to track progress toward full implementation of

this act.

C. State agencies are authorized to adopt rules to implement

this act.

D. As used in this act:

Oklahoma Statutes - Title 40. Labor Page 276

1. "Competitive employment" means work in the competitive labor

market, or self-employment, that is performed on a full-time or

part-time basis in an integrated setting with the opportunity for

advancement and for which a person with a disability is compensated

at or above the minimum wage but not less than the customary wage

and level of benefits paid by the employer for the same or similar

work performed by persons without disabilities;

2. "Disability" means, with respect to an individual:

a. a physical or mental impairment that substantially

limits one or more major life activities of such

individual,

b. a record of such an impairment, or

c. being regarded as having such an impairment as defined

in the Americans with Disabilities Act of 1990, as

amended;

3. "Integrated setting" means, with respect to an employment

outcome, a setting typically found in the community in which

applicants or eligible individuals interact with persons without

disabilities, other than those who are providing services to those

applicants or eligible individuals, to the same extent that

individuals without disabilities in comparable positions interact

with other persons; and

4. "Working age" means sixteen (16) years of age or older in

accordance with Section 71 of Title 40 of the Oklahoma Statutes.
Okla. Stat. tit. 40, § 40-4-307 — OK Code / Title 40 / Section 40-4-307
Changes in benefits or contribution rates
Status: in_force

CHANGES IN BENEFITS OR CONTRIBUTION RATES. Whenever the

Commission believes that a change in contribution or benefit rates

will become necessary to protect the solvency of the fund, it shall

promptly so inform the Governor, who may make to the Legislature

recommendations with respect thereto.
Okla. Stat. tit. 40, § 40-3-109.1 — OK Code / Title 40 / Section 40-3-109.1
Rate reduction
Status: in_force

RATE REDUCTION. Notwithstanding the provisions of Sections 3-

103, 3-109, 3-110 and 3-113 of this title, for the time period

beginning July 1, 1998, and ending December 31, 2001, the

contribution 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 this title shall not be

reduced to less than one percent (1%); employers who qualify for an

earned rate calculated pursuant to Section 3-109 of this title, and

are given a rate of five and one-half percent (5.5%) shall be

reduced to no less than five and four-tenths percent (5.4%); and

employers who qualify for an earned rate calculated pursuant to

Section 3-109 of this title, and are given a rate of one-tenth of

one percent (0.1%), shall be reduced to a rate of zero percent

(0.0%).
Okla. Stat. tit. 40, § 40-2-611 — OK Code / Title 40 / Section 40-2-611
Commission is a party
Status: in_force

COMMISSION IS A PARTY. The Commission shall be a party to and

entitled to notice in any proceeding involving a claim for benefits

before a referee or the Board of Review. In any proceeding for

judicial review the Commission may be represented by any attorney

employed by the Commission or designated by it for that purpose or,

at the Commission's request, by the Attorney General.
Okla. Stat. tit. 40, § 40-2-618 — OK Code / Title 40 / Section 40-2-618
Levy on income and monetary assets
Status: in_force

LEVY ON INCOME AND MONETARY ASSETS.

A. As used in this section, the following words have the

following meanings:

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

debtor has with any bank;

3. "Debtor" means any person that is the subject of a warrant

of levy and lien issued pursuant to Section 2-617 of this title;

4. "Earnings" means any form of payment to an individual

including, but not limited to, salary, wages, commission, or other

compensation; and

5. "Employer" means any type of business or organization that

owes earnings to a debtor.

B. If any debtor shall fail to pay his or her indebtedness to

the Oklahoma Employment Security Commission and after the debtor has

been notified of the amount due and demand for payment has been

made, it shall be lawful for the Commission to collect the amount

owed by levy upon the debtor's employer or any bank account of the

debtor.

C. To levy upon an employer of the debtor, the Commission must

serve a Notice of Levy on the employer along with the warrant of

levy and lien that sets out the amount owing on the benefit

overpayment of the debtor, with interest. The levy will have the

same priority, and be subject to the same exceptions, as a

continuing earnings garnishment provided for in Section 1173.4 of

Title 12 of the Oklahoma Statutes. The following procedures will

apply to a Notice of Levy served on an employer:

Oklahoma Statutes - Title 40. Labor Page 92

1. The employer shall answer the Notice of Levy on a form

provided by the Commission. The employer shall follow the procedure

for answering a continuing earnings garnishment as set out in

subsection F of Section 1173.4 of Title 12 of the Oklahoma Statutes;

2. The Notice of Levy shall be a lien on the debtor's property

in the same manner as provided for in subsection G of Section 1173.4

of Title 12 of the Oklahoma Statutes. The Notice of Levy shall also

be subject to the procedures and time limits set out in subsections

H, I, J and K of Section 1173.4 of Title 12 of the Oklahoma

Statutes, except that when a document is required to be filed with

the clerk of the court, the document will instead be filed with the

Commission as directed on the forms provided;

3. Any employer that fails or refuses to surrender money or

rights to money belonging to its employee in the employer's

possession, or that fails or refuses to make the appropriate

deduction from wages pursuant to a levy provided for by this statute

upon being served with a Notice of Levy and supporting warrant of

levy and lien of the Commission, shall be liable to the Commission

in a sum equal to the amount of money, rights to money, or wage

deduction not so surrendered, but not exceeding the amount of the

debtor's indebtedness for the collection of which the levy has been

made, together with accrued interest pursuant to Section 2-613 of

this title, and the cost of service of the Notice of Levy. Any

amount recovered in this manner shall be credited against the

liability of the debtor for the benefit overpayment indebtedness,

for which the levy was made; and

4. Any employer in possession of money or rights to money

subject to levy upon which a levy has been made that surrenders the

money or rights to money to the Commission shall be discharged from

any obligation or liability to the debtor and any other person or

entity with respect to such money or rights to money arising from

the surrender or payment.

D. To levy upon a debtor's bank account, the Commission must

serve a Notice of Levy on the bank in which the debtor has an

account, along with the warrant of levy and lien issued against the

debtor. The following procedures will apply to a Notice of Levy

served on a bank:

1. Upon receiving the Notice of Levy and the warrant of levy

and lien issued against the debtor, the bank shall deliver all of

the debtor's interest in the money in the debtor's bank account at

the time of service of the levy, subject to the banker's lien or

right of set off or any other priority claim of the bank, up to the

amount of indebtedness indicated on the warrant of levy and lien

plus accrued interest pursuant to Section 2-613 of this title and

any fees for service of process, to the Commission office indicated

in the Notice of Levy;

Oklahoma Statutes - Title 40. Labor Page 93

2. The delivery of this money shall occur within ten (10) days

of the date of service of the Notice of Levy;

3. If there is no money in the debtor's bank account at the

time the Notice of Levy is served, or if the bank account has been

closed, an officer of the bank on which the Notice of Levy is served

shall make a statement to that effect on the Notice of Levy. The

statement shall be notarized and returned to the office of the

Commission that is indicated in the Notice of Levy;

4. Any bank that fails or refuses to surrender money or rights

to money in a bank account subject to levy, upon being served with a

Notice of Levy and supporting warrant of levy and lien of the

Commission, shall be liable to the Commission in a sum equal to the

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

exceeding the amount of the debtor's indebtedness for the collection

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

pursuant to Section 2-613 of this title, and the cost of service of

the Notice of Levy. Any amount recovered in this manner shall be

credited against the liability of the debtor for the benefit

overpayment indebtedness, for which the levy was made; and

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

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

or rights to money to the Commission shall be discharged from any

obligation or liability to the debtor and any other person or entity

with respect to such money or rights to money arising from the

surrender or payment.

E. Service of the Notice of Levy and the warrant of levy and

lien shall be made in the same manner as provided in Section 2004 of

Title 12 of the Oklahoma Statutes for service of process in civil

actions.

F. If a sheriff's department is enlisted to serve the Notice of

Levy, that sheriff's department shall be entitled to a service fee

of Fifty Dollars ($50.00) that is to be paid by the Commission and

added to the debtor's indebtedness.

G. Claims for exemptions and any other matter relating to the

levy shall be filed with the Appeal Tribunal of the Oklahoma

Employment Security Commission. An order of exemption may relate

back no more than thirty (30) days before the filing of the claim

for exemption and shall extend no further than the expiration date

or termination of the levy. Appeal from the Appeal Tribunal

decision shall be governed by the appeal procedures set out in Part

6 of Article 2 of the Employment Security Act of 1980, and the

Administrative Rules of the Oklahoma Employment Security Commission

pertaining thereto.
Okla. Stat. tit. 40, § 40-5-109 — OK Code / Title 40 / Section 40-5-109
Renumbered as § 3-310 of this title by Laws 1993, c
Status: in_force

219, § 36, eff. Sept. 1, 1993.
Okla. Stat. tit. 40, § 40-407 — OK Code / Title 40 / Section 40-407
Adoption of health and safety standards - Promulgation -
Status: in_force

Limitation.

A. The Commissioner pursuant to the provisions of Sections 301

through 326 of Title 75 of the Oklahoma Statutes may prescribe,

adopt, promulgate, amend and rescind health and safety standards,

which shall be derived from national consensus standards designed

for the prevention of accidents in all places of employment and for

the protection of the life, health and safety of employees.

B. Authority to promulgate health and safety standards is

limited to that not granted to other state departments or other

legally constituted state boards or commissions.
Okla. Stat. tit. 40, § 40-194 — OK Code / Title 40 / Section 40-194
Penalty
Status: in_force

Any corporation, partnership, firm or person contracting to do

work for the State of Oklahoma who shall fail to employ at least

ninety percent (90%) of the nonprofessional personnel used in the

performance of said contract who are qualified residents, as defined

above, of the State of Oklahoma, shall be guilty of a misdemeanor

and upon conviction thereof shall pay a fine of One Hundred Dollars

($100.00). Each day work is done in performance of said contract in

violation of this act shall be a separate offense.
Okla. Stat. tit. 40, § 40-3-115 — OK Code / Title 40 / Section 40-3-115
Appeal of determinations
Status: in_force

APPEAL OF DETERMINATIONS.

A. If a determination is made by the Oklahoma Employment

Security Commission on any aspect of an employer's account, and a

method of appeal or protest of the determination is not set out in

the statute or rule under which the determination was made, the

employer may appeal or protest the determination under the procedure

set forth in subsection B of this section.

B. 1. All determinations affecting an employer account must be

made by the Commission in writing in a Notice of Determination and

mailed to the employer at the employer's last-known address with the

mailing date and appeal rights set out in the document. 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.

2. Within twenty (20) days after the mailing or transmission of

the Notice of Determination as provided for in paragraph 1 of this

subsection, the employer may file with the Commission, or its

representative, a written request for a review and redetermination

setting forth the employer's reasons therefor. If any employer

fails to file a written request for review and redetermination

within twenty (20) days without good cause, then the initial

determination of the Commission shall be final, and no further

appeal or protest shall be allowed.

3. If a written request for review and redetermination is

filed, the Commission shall provide for a review and issue a Notice

of Redetermination in the matter. The employer may appeal the

redetermination by filing a written appeal within twenty (20) days

of the date of the mailing of the Notice of Redetermination. If the

employer fails to file a written appeal within twenty (20) days

without good cause, the redetermination of the Commission shall be

final and no further appeal shall be allowed.

4. Upon the timely filing of a written appeal, the Commission

shall provide for an oral hearing to allow the employer to present

evidence in support of the appeal. The standard of review on appeal

shall be de novo. The Commission or its representatives shall, by

Oklahoma Statutes - Title 40. Labor Page 129

written notice, advise the employer of the date of the hearing,

which shall not be less than ten (10) days from the date of the

mailing of the written notice. At the discretion of the Commission,

this hearing shall be conducted by the Commission, or by a

representative appointed by the Commission for this purpose. The

appealing party shall bear the initial burden of proof at the

hearing.

5. Pursuant to the hearing, the Commission or its

representative shall, as soon as practicable, make a written order

setting forth its findings of fact and conclusions of law, and shall

mail it to the employer at the employer's last-known address with

the mailing date and appeal rights set out in the document.

6. The employer or the Commission may appeal the order to the

district court of the county in which the employer has its principal

place of business by filing a Petition for Review with the clerk of

the court within thirty (30) days after the date the order was

mailed to all parties. If the employer does not have a principal

place of business in any county in this state, then the Petition for

Review shall be filed with the Oklahoma County District Court. All

appeals shall be governed by Part 4 of Article 3 of the Employment

Security Act of 1980. If the employer fails to file an appeal to

the district court within the time allowed, the order shall be final

and no further appeal shall be allowed.

C. Untimely requests for review and redetermination pursuant to

paragraph 2 of subsection B of this section and written protests for

appeals filed pursuant to paragraph 3 of subsection B of this

section may be allowed for good cause shown, if the request for good

cause is filed in writing with the Commission within one (1) year of

the date of the determination or redetermination that is the basis

of the request for untimely filing.
Okla. Stat. tit. 40, § 40-2-203 — OK Code / Title 40 / Section 40-2-203
Claim
Status: in_force

CLAIM.

A. An unemployed individual must file an initial claim for

unemployment benefits by completing the required forms through the

Internet Claims service provided by the Commission, or by completing

all forms necessary to process an initial claim in a local office of

the Commission or any alternate site designated by the Commission to

take unemployment benefit claims. The Commission may obtain

additional information regarding an individual's claim through any

form of telecommunication, writing, or interview. An unemployed

individual must file a claim by telecommunication or by Internet

utilizing the digital services portal to create an account to access

benefits with respect to each week in accordance with such rule as

the Commission may prescribe.

B. With respect to each week, the claimant must provide the

Commission with a true and correct statement of all material facts

relating to unemployment; ability to work; availability for work;

activities or conditions which could restrict the individual from

Oklahoma Statutes - Title 40. Labor Page 54

seeking or immediately accepting full-time employment or part-time

work if subsection (4) of Section 2-408 of this title applies;

applications for or receipt of workers' compensation benefits;

employment and earnings; and the reporting of other income from

retirement, pension, disability, self-employment, education or

training allowances.

C. No claim will be allowed or paid unless the claimant resides

within a state or foreign country with which the State of Oklahoma

has entered into a reciprocal or cooperative arrangement pursuant to

Section 4-701 et seq. of this title.

D. The Commission may require the individual to produce

documents or information relevant to the claim for benefits. If the

individual fails to produce it, the individual's claim for

unemployment benefits may be disqualified indefinitely by the

Commission until the information is produced. An individual that

has been disqualified indefinitely by the provisions of this

subsection may receive payment for any week between the initial

failure and the compliance with this subsection if the claimant is

otherwise eligible and has made a timely filing for each intervening

week.
Okla. Stat. tit. 40, § 40-3-306 — OK Code / Title 40 / Section 40-3-306
Jeopardy assessments
Status: in_force

JEOPARDY ASSESSMENTS. A. If the Commission, notwithstanding

that a return or report, or that contributions with respect thereto

may not yet be due, and whether prior to or after the close of the

period when any contribution may be due under the provisions of this

act, believes that:

1. An employer intends to depart or remove from the state, or

conceal himself or any of his property subject to a lien for the

payment of contributions;

2. An employer intends to discontinue business; or

3. An employer intends to do any other act tending to prejudice

or render wholly or partially ineffectual proceedings to compute,

Oklahoma Statutes - Title 40. Labor Page 138

assess or collect any contribution levied under the provisions of

this act,

the Commission shall declare the period for which any contributions

may become due to have terminated for such employer, and shall

immediately assess the contributions from any information in his

possession, notify the employer and demand immediate payment

thereof. In the event of any failure or refusal to pay the

contributions, by the employer upon the demand of the Commission,

the contributions shall immediately become delinquent and the

Commission shall proceed to collect the same as in other cases of

delinquent contributions.

B. The order of the Commission assessing the contributions may

be appealed from as provided in Part 4 of this Article 3, or the

employer may furnish to the Commission, under rules prescribed by

it, security that he will make any return or report thereafter to be

required to be filed with the Commission, and pay the contributions

with respect to the period for which such contributions will become

due. After security is approved and accepted, and such further and

other security with respect to the contributions covered thereby is

given as the Commission may, from time to time, find necessary and

require, the payment of such contributions shall not be enforced by

any proceedings prior to the expiration of the time otherwise

allowed for paying such contributions.

C. In cases where the assessment here authorized is made prior

to the close of the period for which contributions become due, and

in case the employer elects to pay his contribution rather than to

file a bond as herein provided for, the employer may pay the

Commission the sum assessed, together with additions to

contributions imposed by law, and at the time of making such payment

shall notify the Commission of his intention, at the close of the

period for which such contributions would have become due, to file

suit for recovery. Upon receipt of such notice, an account shall be

set up showing the amount paid until the termination of thirty (30)

days following the close of the period for which such contributions

were due, and if within such period, namely, within thirty (30) days

following the close of the period for which such contributions were

due, the employer files suit for recovery, the account shall be

further maintained pending the final determination of such suit,

after which it shall be terminated or refund made by the Commission

in accordance with the provisions of Section 3-304 of this title.
Okla. Stat. tit. 40, § 40-4-507 — OK Code / Title 40 / Section 40-4-507
Self-incrimination
Status: in_force

SELF-INCRIMINATION. No person shall be excused from attending

and testifying or from producing books, papers, correspondence,

memoranda, and other records before the Commission, the Board of

Review, the chairman of an appeal tribunal, or any duly authorized

Oklahoma Statutes - Title 40. Labor Page 171

representative of any of them, or in obedience to the subpoena of

any of them in any cause or proceeding before the Commission, the

Board of Review, or an appeal tribunal, on the ground that the

testimony or evidence, documentary or otherwise, required of him may

tend to incriminate him or subject him to a penalty or forfeiture;

but no individual shall be prosecuted or subjected to any penalty or

forfeiture for or on account of any transaction, matter, or thing

concerning which he is compelled, after having claimed his privilege

against self-incrimination, to testify or produce evidence,

documentary or otherwise, except that such individual so testifying

shall not be exempt from prosecution and punishment for perjury

committed in so testifying.
Okla. Stat. tit. 40, § 40-2-105.1 — OK Code / Title 40 / Section 40-2-105.1
Furlough and work stoppage – Back pay subtracted from
Status: in_force

benefit amount – Redetermination of benefit eligibility.

A. Reimbursed pay or back pay received by a claimant shall be

subtracted from the benefit amount drawn by a claimant in each week

in which:

1. The claimant is placed on furlough or work stoppage by his

or her employer;

2. The claimant is not paid wages or salary during the pendency

of the furlough or work stoppage;

3. The furlough or work stoppage is due to a lapse in

appropriations, funding or budget shortfall affecting the employer;

4. After the furlough or work stoppage concludes, the claimant

is reimbursed his or her full pay for the period during which the

furlough or work stoppage occurred; and

5. The employer considers the employee as having been in a pay

status during the furlough or work stoppage.

B. If reimbursed pay or back pay is required to be subtracted

from the claimant's benefit amount pursuant to subsection A of this

section, the eligibility for benefits of each week in question shall

be redetermined pursuant to Section 2-506 of Title 40 of the

Oklahoma Statutes and the amount of reimbursed pay or back pay

received by the claimant shall be deducted from any unemployment

benefits drawn during the pendency of the furlough or work stoppage.

Any party to the redetermination may appeal pursuant to Section 2-

603 of Title 40 of the Oklahoma Statutes. Any overpayment of

benefits established under this section shall be collected in the

same manner as an overpayment established under paragraph 2 of

Section 2-613 of Title 40 of the Oklahoma Statutes.
Okla. Stat. tit. 40, § 40-6-103 — OK Code / Title 40 / Section 40-6-103
Custodian and treasurer of fund
Status: in_force

CUSTODIAN AND TREASURER OF FUND.

A. The State Treasurer shall be the custodian and treasurer of

the OESC Computer Fund.

B. The State Treasurer shall deposit the monies belonging to

the OESC Computer Fund, that are in his or her custody, subject to

the provisions of Section 7 of this act.

C. The State Treasurer, as custodian of the OESC Computer Fund,

shall hold, invest, transfer, sell, deposit, and release those

monies, properties, or securities in a manner approved by the

Oklahoma Employment Security Commission. Provided, however, that

those monies shall be invested in the classes of securities legal

for investment of public monies of this state. Provided further,

the investment shall at all times be so made that all assets of the

OESC Computer Fund shall always be readily convertible into cash

when needed for any expenditure authorized in Section 5 of this act.
Okla. Stat. tit. 40, § 40-89 — OK Code / Title 40 / Section 40-89
Enforcement of chapter - Administrative penalties
Status: in_force

A. It shall be the duty of the Commissioner of Labor to enforce

the provisions of Section 71 et seq. of Title 40 of the Oklahoma

Statutes.

B. 1. In addition to any other penalty prescribed by law, any

person who is in violation of Section 71 et seq. of Title 40 of the

Oklahoma Statutes shall be liable for an administrative fine, to be

assessed by the Commissioner of Labor, of not more than One Hundred

Dollars ($100.00) for each offense. The maximum administrative fine

shall not exceed One Thousand Dollars ($1,000.00) for all related

violations. All administrative fines collected pursuant to this

section shall be deposited in the Department of Labor Revolving

Fund, created pursuant to Section 141.19 of Title 40 of the Oklahoma

Statutes.

2. In lieu of the penalty provided for in paragraph 1 of this

subsection, the Commissioner or a representative of the Commissioner

may issue a warning for a first offense to a person who is in

violation of Section 71 et seq. of Title 40 of the Oklahoma

Statutes. The warning shall cite the violation committed by the

person and, where appropriate, state the time period in which the

violation must be remedied.

C. After a violator is cited or fined for two unrelated

offenses of failure to comply with the provisions of Section 71 et

seq. of Title 40 of the Oklahoma Statutes, the Commissioner of Labor

shall have the authority to issue cease and desist orders, in

accordance with the rules of the Department of Labor, against the

violator until such time as compliance with the provisions of

Section 71 et seq. of Title 40 of the Oklahoma Statutes is met. Any

order to cease and desist issued by the Commissioner may be enforced

in district court. Upon application of the Commissioner, the

district court may issue an injunction without bond for the purpose

of enforcing this section.

D. The Commissioner of Labor shall assess and collect

administrative fines incurred under subsection B of this section

and, at the Commissioner's discretion, may remit, mitigate, or

negotiate the fines. In determining the fine to be assessed, or the

amount agreed upon in any negotiation, consideration shall be given

to the appropriateness of the fine in light of the gravity of the

violation and the extent to which the person charged has attempted

to remedy the consequences of the violation. Individual proceedings

shall be conducted pursuant to the provisions of subsection E of

this section.

E. For the purpose of determining if an administrative fine

should be assessed, a hearing shall be conducted in accordance with

the provisions of the Administrative Procedures Act, by a hearing

officer designated by the Commissioner of Labor. A final order by

Oklahoma Statutes - Title 40. Labor Page 208

the hearing officer may be appealed to the district court in the

county in which the violation occurred pursuant to the provisions of

the Administrative Procedures Act.
Okla. Stat. tit. 40, § 40-4-105 — OK Code / Title 40 / Section 40-4-105
Removal by the Governor
Status: in_force

REMOVAL BY THE GOVERNOR. The Governor may, at any time, after

notice and hearing, remove any Commissioner for cause, and such

Commissioner sought to be thus removed shall, if he so desires, be

given a copy of the charges brought against him, and be given an

opportunity of being publicly heard in person, or by counsel, upon

not less than ten (10) days' notice. Such hearing shall be had

before the Governor of the State of Oklahoma. If such Commissioner

be removed, the Governor shall file in the office of the Secretary

of State a complete statement of all charges made against such

Oklahoma Statutes - Title 40. Labor Page 162

Commissioner, and a complete record of the Governor's proceedings

and his findings thereon.
Okla. Stat. tit. 40, § 40-78 — OK Code / Title 40 / Section 40-78
Evidence of age of child - Certificate of physical fitness
Status: in_force

The Commissioner or his designee, truant officer, or other

person charged with the administration of this article, may make

demand on an employer in whose factory or establishment a child

apparently under the age of sixteen (16) years is employed or

permitted or suffered to work, and whose employment certificate is

not then filed as required by this section, that such employer shall

either furnish him, within ten (10) days, evidence satisfactory to

him that such child is in fact over sixteen (16) years of age, or

Oklahoma Statutes - Title 40. Labor Page 204

shall cease to employ or permit or suffer such child to work in such

factory or establishment. Such officer may require from such

employer the same evidence of age of such child as is required on

the issuance of an employment certificate; and the employer

furnishing such evidence shall not be required to furnish any

further evidence of the age of the child. In case such employer

shall fail to produce and deliver to such officer, within ten (10)

days after such demand, such evidence of age herein required by him,

and shall thereafter continue to employ such child to work in such

factory or establishment, proof of the giving of such notice and of

such failure to produce and file such evidence shall be prima facie

evidence in any prosecution brought for violation of this provision

of this article that such child is under sixteen (16) years of age

and is unlawfully employed: Provided, that the Commissioner or his

designee shall have the power to demand a certificate of physical

fitness from some licensed physician in good standing in this state

in case of children who may appear to him physically unable to

perform the labor at which they may be engaged, and shall have power

to prohibit the employment of any minor that cannot obtain such a

certificate.
Okla. Stat. tit. 40, § 40-142.7 — OK Code / Title 40 / Section 40-142.7
Examinations for certification of technicians
Status: in_force

A. Examinations for certification as alternative fuels

equipment technicians shall be uniform and practical in nature for

alternative fuels equipment technician certification and shall be

Oklahoma Statutes - Title 40. Labor Page 232

sufficiently strict to test the qualifications and fitness of the

applicants for certificates.

B. Examinations for certification as alternative fuels

compression technicians shall be uniform and practical in nature for

alternative fuels compression technician certification and shall be

sufficiently strict to test the qualifications and fitness of the

applicants for certificates.

C. Examinations for certification as electric vehicle

technicians shall be uniform and practical in nature for electric

vehicle technician certification and shall be sufficiently strict to

test the qualifications and fitness of the applicants for

certificates.

D. Examinations shall be in whole or in part in writing. Any

applicant initially failing to pass the examination shall not be

permitted to take another examination for a period of thirty (30)

days. Any applicant subsequently failing to pass the examination

shall not be permitted to take another examination for a period of

thirty (30) days.

E. The Department of Labor shall enforce the provisions of this

section.
Okla. Stat. tit. 40, § 40-3-101 — OK Code / Title 40 / Section 40-3-101
Applicability
Status: in_force

APPLICABILITY.

(1) The provisions of this Article 3 apply to the payment of

contributions by employers.

(2) The provisions of this Part 1 apply to employers other than

employers who are subject to Part 7, or employers who have elected

to reimburse under Part 8 of this article, or employers who have

elected to reimburse under paragraph 2 of subsection E of Section 1-

108 of this title.
Okla. Stat. tit. 40, § 40-2-603 — OK Code / Title 40 / Section 40-2-603
Appeal tribunal
Status: in_force

APPEAL TRIBUNAL.

Oklahoma Statutes - Title 40. Labor Page 82

The claimant or any other party entitled to notice of a

determination may file an appeal from the determination with the

appeal tribunal within ten (10) calendar days after the date of

mailing of the notice to the claimant's or other party's last-known

address or, if the notice is not mailed, within ten (10) calendar

days after the date of delivery of the notice. The claimant or

other party may file an appeal in any manner allowed by Section 1-

224 of this title or by telephone to the Commission's call center.

In order to be considered timely, filing of an appeal made by

telephone through a claims representative must be completed before

the end of normal business hours.
Okla. Stat. tit. 40, § 40-4-311 — OK Code / Title 40 / Section 40-4-311
Commission shall publish rules
Status: in_force

COMMISSION SHALL PUBLISH RULES.

The Oklahoma Employment Security Commission shall cause the text

of Section 1-101 et seq. of this title, the Commission's rules, its

annual reports to the Governor and any other material the Commission

deems relevant and suitable to be published on the Commission

website in a manner that can be accessed by the general public.
Okla. Stat. tit. 40, § 40-2-612 — OK Code / Title 40 / Section 40-2-612
Payment of benefits
Status: in_force

PAYMENT OF BENEFITS.

Benefits shall be promptly paid on any claim in accordance with

a determination or redetermination or the decision of a referee, the

Board of Review or a reviewing court upon the issuance of the

determination, redetermination or decision, regardless of the

pendency of an appeal, or petition for judicial review that is

provided by the Employment Security Act of 1980, unless and until

the determination, redetermination, or decision has been modified or

reversed by a subsequent redetermination or decision, in which event

benefits shall be paid or denied for weeks of unemployment

thereafter in accordance with the modifying or reversing

redetermination or decision. No injunction, supersedeas, stay or

other writ or process suspending the payment of the benefits shall

Oklahoma Statutes - Title 40. Labor Page 87

be issued by any court, but if the determination, redetermination or

decision is finally modified or reversed to deny benefits no

employer's account shall remain charged with benefit wages pursuant

to the erroneous determination, redetermination or decision and

benefits shall not be paid for any weeks of unemployment involved in

the modification or reversal that begin after the final decision.
Okla. Stat. tit. 40, § 40-4-103 — OK Code / Title 40 / Section 40-4-103
Qualifications
Status: in_force

QUALIFICATIONS. Each member of such Commission shall be a

citizen of the United States, and at the time of appointment shall

be, and for more than five (5) years shall have been, a bona fide

resident and qualified voter of the State of Oklahoma, and shall be

not less than thirty (30) years of age at the time of appointment.

During his term of membership on the Commission, no member shall

serve as an officer or committee member of any political party

organization.
Okla. Stat. tit. 40, § 40-3-202 — OK Code / Title 40 / Section 40-3-202
Termination of coverage
Status: in_force

TERMINATION OF COVERAGE.

Termination of coverage with respect to 1977 or prior years

shall be determined in accordance with provisions applicable to

those years. Except as otherwise provided in Section 3-203 of this

title, an employing unit shall cease to be an employer subject to

this act only as of the first day of any calendar year and only if

Oklahoma Statutes - Title 40. Labor Page 133

it files with the Commission, during January of such year, a written

application for termination of coverage, and the Commission finds

that there were (1) no calendar quarter within the preceding

calendar year in which such employing unit paid for service in

employment wages of One Thousand Five Hundred Dollars ($1,500.00) or

more or (2) no twenty (20) different days, each day being in a

different calendar week within the preceding calendar year, within

which such employing unit employed one or more individuals in

employment subject to this act; provided further that religious,

charitable, educational or other organizations covered under

paragraph 8 of Section 1-208 of this title shall be so terminated if

the Commission finds that there were no twenty (20) different days,

each day being in a different calendar week within the preceding

calendar year, within which such employing unit employed four or

more individuals in employment subject to this act. Provided

further that agricultural labor as covered under paragraph 10 of

Section 1-208 of this title shall be so terminated if the Commission

finds that there were (1) no calendar quarter within the preceding

calendar year in which such employing unit paid wages of Twenty

Thousand Dollars ($20,000.00) or more, or (2) no twenty (20)

different days, each day being in a different calendar week within

the preceding calendar year, within which such employing unit

employed ten (10) or more individuals in employment subject to this

act; provided further that domestic service as covered under

paragraph 11 of Section 1-208 of this title shall be terminated if

the Commission finds that there were no calendar quarters within the

preceding calendar year in which such employing unit paid wages of

One Thousand Dollars ($1,000.00) or more. Provided, however, that if

the Federal Congress shall, by amendment to the Federal Unemployment

Tax Act, redefine the term employer to include employing units not

qualified as employers under this section, all of the provisions of

this act shall be applicable to such employing units. For the

purposes of this section, the two or more employing units mentioned

in paragraph 2, 3 or 4 of Section 1-208 of this title shall be

treated as a single employing unit.