Okla. Stat. tit. 40, § 40-186 — OK Code / Title 40 / Section 40-186
Employee defined
Status: in_force

The term "employee" as used herein shall mean any person who has

established his or her seniority with any railroad company for one

(1) year or more without interrupted service.
Okla. Stat. tit. 40, § 40-3-401 — OK Code / Title 40 / Section 40-3-401
Appeals to district court
Status: in_force

APPEALS TO DISTRICT COURT.

After the administrative appeal hearing process provided for in

Article III of this title is complete, any order, ruling or finding

that directly affects an employer or the Oklahoma Employment

Security Commission may be appealed by the affected entity to the

district court of the county of residence, or principal place of

business, of the employer; provided, however, if the employer is a

nonresident of this state, then to the district court of Oklahoma

County.
Okla. Stat. tit. 40, § 40-176 — OK Code / Title 40 / Section 40-176
Penalty for neglect to place temporary floors
Status: in_force

Any person engaged in and having supervision and charge of the

building, erection, or construction of any block, building or

structure who shall neglect or refuse to place or have placed upon

the joists of each and every story of such block, building or

structure as soon as the joists are in position, counter floors of

such quality and strength as to render perfectly safe the going to

and fro thereon of all mechanics, laborers, and other persons

engaged upon the work of construction or in supervising the same or

in the building or placing of materials therefor, shall be deemed

guilty of a misdemeanor, and upon conviction thereof in any court of

competent jurisdiction shall be fined in any sum not less than

Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars

($200.00), and each and every day that such person, contractor,

agent, factor or architect shall neglect or refuse to have such

floors so placed as aforesaid, after written notice by the building

inspector or from any person whose life or personal safety may be

endangered by such neglect or refusal shall be held and considered a

separate offense, severally liable to the penalties aforesaid.
Okla. Stat. tit. 40, § 40-4-508 — OK Code / Title 40 / Section 40-4-508
Information to be kept confidential - Disclosure
Status: in_force

INFORMATION TO BE KEPT CONFIDENTIAL - DISCLOSURE.

A. Except as otherwise provided by law, information obtained

from any employing unit or individual pursuant to the administration

of the Employment Security Act of 1980, any workforce system program

administered or monitored by the Oklahoma Employment Security

Commission, and determinations as to the benefit rights of any

individual shall be kept confidential and shall not be disclosed or

be open to public inspection in any manner revealing the

individual's or employing unit's identity. Any claimant, employer,

or agent of either as authorized in writing, shall be supplied with

information from the records of the Oklahoma Employment Security

Commission, to the extent necessary for the proper presentation of

the claim or complaint in any proceeding under the Employment

Security Act of 1980, with respect thereto.

B. Upon receipt of written request by any employer who

maintains a Supplemental Unemployment Benefit (SUB) Plan, the

Commission or its designated representative may release to that

employer information regarding weekly benefit amounts paid its

workers during a specified temporary layoff period, provided the

Supplemental Unemployment Benefit (SUB) Plan requires benefit

payment information before Supplemental Unemployment Benefits can be

paid to the workers. Any information disclosed under this provision

shall be utilized solely for the purpose outlined herein and shall

be held strictly confidential by the employer.

C. The provisions of this section shall not prevent the

Commission from disclosing the following information and no

liability whatsoever, civil or criminal, shall attach to any member

of the Commission or any employee thereof for any error or omission

in the disclosure of this information:

1. The delivery to taxpayer or claimant a copy of any report or

other paper filed by the taxpayer or claimant pursuant to the

Employment Security Act of 1980;

Oklahoma Statutes - Title 40. Labor Page 172

2. The disclosure of information to any person for a purpose as

authorized by the taxpayer or claimant pursuant to a waiver of

confidentiality. The waiver shall be in writing and shall be

notarized;

3. The Oklahoma Department of Commerce may have access to data

obtained pursuant to the Employment Security Act of 1980 pursuant to

rules promulgated by the Commission. The information obtained shall

be held confidential by the Department and any of its agents and

shall not be disclosed or be open to public inspection. The

Oklahoma Department of Commerce, however, may release aggregated

data, either by industry or county, provided that the aggregation

meets disclosure requirements of the Commission;

4. The publication of statistics so classified as to prevent

the identification of a particular report and the items thereof;

5. The disclosing of information or evidence to the Attorney

General or any district attorney when the information or evidence is

to be used by the officials or other parties to the proceedings to

prosecute or defend allegations of violations of the Employment

Security Act of 1980. The information disclosed to the Attorney

General or any district attorney shall be kept confidential by them

and not be disclosed except when presented to a court in a

prosecution of a violation of Section 1-101 et seq. of this title,

and a violation by the Attorney General or district attorney by

otherwise releasing the information shall be a felony;

6. The furnishing, at the discretion of the Commission, of any

information disclosed by the records or files to any official person

or body of this state, any other state or of the United States who

is concerned with the administration of assessment of any similar

tax in this state, any other state or the United States;

7. The furnishing of information to other state agencies for

the limited purpose of aiding in the collection of debts owed by

individuals to the requesting agencies or the Oklahoma Employment

Security Commission;

8. The release of information to employees of the Department of

Transportation required for use in federally mandated regional

transportation planning, which is performed as a part of its

official duties;

9. The release of information to employees of the State

Treasurer's office required to verify or evaluate the effectiveness

of the Oklahoma Small Business Linked Deposit Program on job

creation;

10. The release of information to employees of the Attorney

General, the Department of Labor, the Workers' Compensation

Commission and the Insurance Department for use in investigation of

workers' compensation fraud;

11. The release of information to employees of any state,

county, municipal or tribal law enforcement agency for use in

Oklahoma Statutes - Title 40. Labor Page 173

criminal investigations and the location of missing persons or

fugitives from justice;

12. The release of information to employees of the Center of

International Trade, Oklahoma State University, required for the

development of International Trade for employers doing business in

this state;

13. The release of information to employees of the Oklahoma

State Regents for Higher Education required for use in the default

prevention efforts and/or collection of defaulted student loans

guaranteed by the Oklahoma Guaranteed Student Loan Program. Any

information disclosed under this provision shall be utilized solely

for the purpose outlined herein and shall be held strictly

confidential by the Oklahoma State Regents for Higher Education;

14. The release of information to employees of the Oklahoma

Department of Career and Technology Education, the Oklahoma State

Regents for Higher Education, the Center for Economic and Management

Research of the University of Oklahoma, the Center for Economic and

Business Development at Southwestern Oklahoma State University or a

center of economic and business research or development at a

comprehensive or regional higher education institution within The

Oklahoma State System of Higher Education required to identify

economic trends or educational outcomes. The information obtained

shall be kept confidential by the Oklahoma Department of Career and

Technology Education, the Oklahoma State Regents for Higher

Education and the higher education institution and shall not be

disclosed or be open to public inspection. The Oklahoma Department

of Career and Technology Education, the Oklahoma State Regents for

Higher Education and the higher education institution may release

aggregated data, provided that the aggregation meets disclosure

requirements of the Commission;

15. The release of information to employees of the Office of

Management and Enterprise Services required to identify economic

trends. The information obtained shall be kept confidential by the

Office of Management and Enterprise Services and shall not be

disclosed or be open to public inspection. The Office of Management

and Enterprise Services may release aggregate data, provided that

the aggregation meets disclosure requirements of the Oklahoma

Employment Security Commission;

16. The release of information to employees of the Department

of Mental Health and Substance Abuse Services required to evaluate

the effectiveness of mental health and substance abuse treatment and

state or local programs utilized to divert persons from inpatient

treatment. The information obtained shall be kept confidential by

the Department and shall not be disclosed or be open to public

inspection. The Department of Mental Health and Substance Abuse

Services, however, may release aggregated data, either by treatment

facility, program or larger aggregate units, provided that the

Oklahoma Statutes - Title 40. Labor Page 174

aggregation meets disclosure requirements of the Oklahoma Employment

Security Commission;

17. The release of information to employees of the Attorney

General, the Oklahoma State Bureau of Investigation and the

Insurance Department for use in the investigation of insurance fraud

and health care fraud;

18. The release of information to employees of public housing

agencies for purposes of determining eligibility pursuant to 42

U.S.C., Section 503(i);

19. The release of wage and benefit claim information, at the

discretion of the Commission, to an 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.A., Section

3151(b)(1), based on a showing of need made to the Commission and

after an agreement concerning the release of information is entered

into with the entity receiving the information. For the limited

purpose of completing performance accountability reports required by

the Workforce Innovation and Opportunity Act, only those designated

required partners that meet the 20 CFR Section 603.2(d) definition

of public official may contract with a private agent or contractor

pursuant to 20 CFR Section 603.5(f) for the purpose of the private

agent or contractor receiving confidential unemployment compensation

information to the extent necessary to complete the performance

accountability reports;

20. The release of information to the State Wage Interchange

System, at the discretion of the Commission;

21. The release of information to the Bureau of the Census of

the U.S. Department of Commerce, the Bureau of Labor Statistics of

the U.S. Department of Labor, and its agents employed by the

Oklahoma Department of Labor for the purpose of economic and

statistical research;

22. The release of employer tax information and benefit claim

information to the Oklahoma Health Care Authority for use in

determining eligibility for a program that will provide subsidies

for health insurance premiums for qualified employers, employees,

self-employed persons and unemployed persons;

23. The release of employer tax information and benefit claim

information to the State Department of Rehabilitation Services for

use in assessing results and outcomes of clients served;

24. The release of information to any state or federal law

enforcement authority when necessary in the investigation of any

crime in which the Commission is a victim. Information that is

confidential under this section shall be held confidential by the

law enforcement authority unless and until it is required for use in

court in the prosecution of a defendant in a criminal prosecution;

Oklahoma Statutes - Title 40. Labor Page 175

25. The release of information to vendors that contract with

the Oklahoma Employment Security Commission to provide for the

issuance of debit cards, to conduct electronic fund transfers, to

perform computer programming operations, or to perform computer

maintenance or replacement operations; provided the vendor agrees to

protect and safeguard the information it receives and to destroy the

information when no longer needed for the purposes set out in the

contract;

26. The release of information to employees of the Office of

Juvenile Affairs for use in assessing results and outcomes of

clients served as well as the effectiveness of state and local

juvenile and justice programs including prevention and treatment

programs. The information obtained shall be kept confidential by

the Office of Juvenile Affairs and shall not be disclosed or be open

to public inspection. The Office of Juvenile Affairs may release

aggregated data for programs or larger aggregate units, provided

that the aggregation meets disclosure requirements of the Oklahoma

Employment Security Commission;

27. The release of information to vendors that contract with

the State of Oklahoma for the purpose of providing a public

electronic labor exchange system that will support the Oklahoma

Employment Security Commission's operation of an employment service

system to connect employers with job seekers and military veterans.

This labor exchange system would enhance the stability and security

of Oklahoma's economy as well as support the provision of veterans'

priority of service. The vendors may perform computer programming

operations, perform computer maintenance or replacement operations,

or host the electronic solution; provided, each vendor agrees to

protect and safeguard all information received, that no information

shall be disclosed to any third party, that the use of the

information shall be restricted to the scope of the contract, and

that the vendor shall properly dispose of all information when no

longer needed for the purposes set out in the contract; or

28. The release of employer tax information and benefit claim

information to employees of a county public defender's office in

this state and the Oklahoma Indigent Defense System for the purpose

of determining financial eligibility for the services provided by

such entities.

D. Subpoenas to compel disclosure of information made

confidential by this statute shall not be valid, except for

administrative subpoenas issued by federal, state, or local

governmental agencies that have been granted subpoena power by

statute or ordinance. Confidential information maintained by the

Commission can be obtained by order of a court of record that

authorizes the release of the records in writing. All

administrative subpoenas or court orders for production of documents

must provide a minimum of twenty (20) days from the date it is

Oklahoma Statutes - Title 40. Labor Page 176

served for the Commission to produce the documents. If the date on

which production of the documents is required is less than twenty

(20) days from the date of service, the subpoena or order shall be

considered void on its face as an undue burden or hardship on the

Commission. All administrative subpoenas, court orders or notarized

waivers of confidentiality authorized by paragraph 2 of subsection C

of this section shall be presented with a request for records within

ninety (90) days of the date the document is issued or signed, and

the document can only be used one time to obtain records.

E. Should any of the disclosures provided for in this section

require more than casual or incidental staff time, the Commission

shall charge the cost of the staff time to the party requesting the

information.

F. It is further provided that the provisions of this section

shall be strictly interpreted and shall not be construed as

permitting the disclosure of any other information contained in the

records and files of the Commission.
Okla. Stat. tit. 40, § 40-6-205 — OK Code / Title 40 / Section 40-6-205
Technology Fund balance
Status: in_force

TECHNOLOGY FUND BALANCE.

The balance of the OESC Technology Fund on July 1 of any given

year shall be used in the calculation of conditional factors

pursuant to Section 3-113 of this title as long as the OESC

Technology Fund has a balance greater than zero (0).

The balance of the fund shall not exceed Twenty-five Million

Dollars ($25,000,000.00) prior to June 30, 2024, or be greater than

the calculated amount of Twenty-five Million Dollars

Oklahoma Statutes - Title 40. Labor Page 193

($25,000,000.00). All funds in excess of these amounts shall be

transferred to the Unemployment Compensation Fund.

The calculation shall be conducted in the following manner: The

balance of the OESC Technology Fund as of July 1 of any given year

shall be aggregated with the balance of the Unemployment

Compensation Fund as of July 1 of the same year, with the resulting

sum to be used in the calculation of the conditional factors as set

out in Section 3-113 of this title. The aggregate of the two fund

balances shall only be for the purpose of the calculation and in no

way shall balances in these two funds be commingled.
Okla. Stat. tit. 40, § 40-3-501 — OK Code / Title 40 / Section 40-3-501
Commission to issue warrants
Status: in_force

COMMISSION TO ISSUE WARRANTS. If any contribution imposed by

the provisions of this act, or any portion of said contribution, be

not paid before the same becomes delinquent, the Commission may

immediately issue a warrant under its official seal, directed to the

sheriff of any county of the state, commanding him to levy upon and

sell any real or personal property of any delinquent employer found

within his county for the payment of the delinquent contribution,

interest, penalty and fees and the cost of executing the warrant,

and to return such warrant to the Commission, and to pay it any

moneys collected by virtue thereof, by a time to be therein

specified, not more than sixty (60) days from the date of the

warrant.
Okla. Stat. tit. 40, § 40-2-401 — OK Code / Title 40 / Section 40-2-401
Application of Part 4
Status: in_force

APPLICATION OF PART 4. This part applies to disqualification

for benefits.
Okla. Stat. tit. 40, § 40-2-411 — OK Code / Title 40 / Section 40-2-411
Retirement payments
Status: in_force

RETIREMENT PAYMENTS.

1. Except for any payment or benefit payment made pursuant to

the federal Social Security Act, an individual shall be disqualified

for benefits for any week which begins in a period with respect to

which such individual is receiving a governmental or other pension,

retirement or retired pay, annuity or any other similar periodic

retirement payment which is based on the previous work of such

individual if:

a. such pension, retirement or retired pay, annuity or

similar payment is under a plan maintained, or

contributed to, by a base period and chargeable

employer, and

b. in the case of such a payment not made under the

Railroad Retirement Act of 1974, 45 U.S.C., Section

231 et seq., services performed for such employer by

the individual after the beginning of the base period,

or remuneration for such services, affect eligibility

for or increase the amount of, such pension,

retirement or retired pay, annuity or similar payment.

2. If the total of such remuneration is less than the benefits

which would otherwise be due under the Employment Security Act of

1980, Section 1-101 et seq. of this title, the individual shall be

entitled to receive for such week, if otherwise eligible, benefits

reduced by the amount of such remuneration.

3. If payments referred to in this section are being received

by an individual under the federal Social Security Act, the

Commission shall take into account the individual's contribution to

Social Security and make no reduction in the weekly benefit amount.
Okla. Stat. tit. 40, § 40-1-227 — OK Code / Title 40 / Section 40-1-227
Experience period
Status: in_force

EXPERIENCE PERIOD. "Experience period" means the most recent

twelve (12) consecutive completed calendar quarters occurring before

July 1 of the year immediately preceding the year for which the

employer's contribution rate is being calculated.
Okla. Stat. tit. 40, § 40-226 — OK Code / Title 40 / Section 40-226
Penalties
Status: in_force

(a) Whoever makes a false statement or representation knowing it

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

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

under the unemployment compensation law of any state or of the

federal government, either for himself or for any other person,

shall be guilty of a misdemeanor and shall be punished by a fine of

not less than Fifty Dollars ($50.00) nor more than Five Hundred

Dollars ($500.00), or by imprisonment for not longer than ninety

(90) days, or by both such fine and imprisonment; and each such

false statement or representation or failure to disclose a material

fact shall constitute a separate offense.

(b) Any employing unit or any officer or agent of an employing

unit 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 wilfully 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.

(c) Any person who shall wilfully violate any provision of this

act or any order, rule, or regulation thereunder, the violation of

which is made unlawful or the observance of which is required under

the terms of this act, and for which a penalty is neither prescribed

in this act nor provided by any other applicable statute, shall be

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

Oklahoma Statutes - Title 40. Labor Page 275

than Fifty Dollars ($50.00) nor more than Five Hundred Dollars

($500.00), or by imprisonment for not longer than ninety (90) days,

or by both such fine and imprisonment, and each day such violation

continues shall be deemed to be a separate offense.

(d) 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, a penalty of ten

percent (10%) on the total contributions due shall be added thereto,

collected and paid. Penalty collected pursuant to this subsection

shall be paid into the Unemployment Compensation Fund.

(e) If an employer fails or refuses to pay any contributions

required under the provisions of this act after such contributions

have become delinquent within thirty (30) days after written request

for such payment had been mailed to the employer by the Commission

or its representative, a penalty of five percent (5%) on the total

contributions due shall be added thereto, collected and paid.

Penalty collected pursuant to this subsection shall be paid into the

Unemployment Compensation Fund.

(f) If any employee or member of the Board of Review or the

Commission or any employee of the Commission, in violation of the

provisions of Section 221 (l), makes any disclosure of information

obtained from any employing unit or individual in the administration

of this act, or if any person who has obtained any list of

applicants for work, or of claimants or recipients of benefits,

under this act shall use or permit the use of such list for any

political purpose, he 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 imprisoned for not longer

than ninety (90) days, or both.
Okla. Stat. tit. 40, § 40-554 — OK Code / Title 40 / Section 40-554
Drug or alcohol testing by employers - Restrictions
Status: in_force

Employers may conduct drug and alcohol testing in accordance

with the Standards for Workplace Drug and Alcohol Testing Act.

Employers who choose to conduct drug or alcohol testing may only

request or require an applicant or employee to undergo testing under

any of the following circumstances:

1. Applicant and transfer/reassignment testing: A public or

private employer may request or require an applicant to undergo drug

or alcohol testing and may use a refusal to undergo testing or a

positive test result as a basis for refusal to hire. A public or

private employer may also request or require an employee who

transfers to a different position or job, or who is reassigned to a

different position or job, to undergo drug or alcohol testing;

2. For-cause testing: A public or private employer may request

or require an employee to undergo drug or alcohol testing at any

time it reasonably believes that the employee may be under the

influence of drugs or alcohol, including, but not limited to, the

following circumstances:

a. drugs or alcohol on or about the employee's person or

in the employee's vicinity,

b. conduct on the employee's part that suggests

impairment or influence of drugs or alcohol,

c. a report of drug or alcohol use while at work or on

duty,

d. information that an employee has tampered with drug or

alcohol testing at any time,

e. negative performance patterns, or

f. excessive or unexplained absenteeism or tardiness;

3. Post-accident testing: A public or private employer may

require an employee to undergo drug or alcohol testing if the

employee or another person has sustained an injury while at work or

property has been damaged while at work, including damage to

equipment. For purposes of workers' compensation, no employee who

tests positive for the presence of substances defined and consumed

pursuant to Section 465.20 of Title 63 of the Oklahoma Statutes,

alcohol, illegal drugs, or illegally used chemicals, or refuses to

take a drug or alcohol test required by the employer, shall be

eligible for such compensation;

Oklahoma Statutes - Title 40. Labor Page 311

4. Random testing: A public or private employer may request or

require an employee or all members of an employment classification

or group to undergo drug or alcohol testing at random and may limit

its random testing programs to particular employment classifications

or groups, except that a public employer may require random testing

only of employees who:

a. are police or peace officers,

b. have drug interdiction responsibilities,

c. are authorized to carry firearms,

d. are engaged in activities which directly affect the

safety of others,

e. are working for a public hospital including any

hospital owned or operated by a municipality, county,

or public trust, or

f. work in direct contact with inmates in the custody of

the Department of Corrections or work in direct

contact with juvenile delinquents or children in need

of supervision in the custody of the Department of

Human Services;

5. Scheduled, fitness-for-duty, return from leave and other

periodic testing: A public or private employer may request or

require an employee to undergo drug or alcohol testing if the test

is conducted as a routine part of a routinely scheduled employee

fitness-for-duty medical examination, or is requested or required by

the employer in connection with an employee's return to duty from

leave of absence, or which is scheduled routinely as part of the

employer's written policy, except that a public employer may require

scheduled, periodic testing only of employees who:

a. are police or peace officers,

b. have drug interdiction responsibilities,

c. are authorized to carry firearms,

d. are engaged in activities which directly affect the

safety of others,

e. are working for a public hospital including any

hospital owned or operated by a municipality, county,

or public trust, or

f. work in direct contact with inmates in the custody of

the Department of Corrections or work in direct

contact with juvenile delinquents or children in need

of supervision in the custody of the Department of

Human Services; and

6. Post-rehabilitation testing: A public or private employer

may request or require an employee to undergo drug or alcohol

testing for a period of up to two (2) years commencing with the

employee's return to work, following a positive test or following

participation in a drug or alcohol dependency treatment program.

Oklahoma Statutes - Title 40. Labor Page 312
Okla. Stat. tit. 40, § 40-191 — OK Code / Title 40 / Section 40-191
Restrictions on requirement of physical examination -
Status: in_force

Report not basis of damages.

It shall be unlawful for any person, partnership, association,

or corporation, either for himself, herself, or itself, or in a

representative or fiduciary capacity, to require any employee or

applicant for employment, as a condition of employment or continued

employment, to submit to, or take, a physical or medical

examination, without providing such examination at no cost therefor

to such employee or applicant for employment, or without furnishing,

upon the request of the employee or applicant for employment within

thirty (30) days after such examination, free of charge, to such

employee or applicant for employment, a true and correct copy,

either original or duplicate original, of the examiner's report of

such examination. It shall further be unlawful for any such person,

partnership, association or corporation to require any employee or

applicant for employment to pay, either directly or indirectly, any

part of the cost of any such examination, report, or copy of report.

Provided that the report of any physical examination furnished in

accordance with this section shall not be made the basis or

predicate for any action in damages against the physician and

surgeon making and furnishing such report.
Okla. Stat. tit. 40, § 40-2-208 — OK Code / Title 40 / Section 40-2-208
Aliens
Status: in_force

ALIENS. (1) Effective January 1, 1978, benefits shall not be

paid on the basis of services performed by an alien unless such

alien is an individual who was lawfully admitted for permanent

residence at the time such services were performed, was lawfully

present for purposes of performing such services or otherwise is

permanently residing in the United States under color of law at the

time such services were performed, including an alien who is

lawfully present in the United States as a result of the application

of the provisions of Section 203(a)(7) or Section 212(d)(5) of the

Oklahoma Statutes - Title 40. Labor Page 57

Immigration and Nationality Act. Provided, that any modifications

to the provisions of Section 3304(a)(14) of the Federal Unemployment

Tax Act as provided by Public Law 95-19 which specify other

conditions or other effective dates than stated herein for the

denial of benefits based on services performed by aliens and which

modifications are required to be implemented under state law as a

condition for full tax credit against the tax imposed by the Federal

Unemployment Tax Act, shall be deemed applicable under the

provisions of this subsection.

(2) Any data or information required of individuals applying

for benefits to determine whether benefits are not payable to them

because of their alien status shall be uniformly required from all

applicants for benefits.

(3) In the case of an individual whose application for benefits

would otherwise be approved, no determination that benefits to such

individual are not payable because of his alien status shall be made

except upon a preponderance of the evidence.
Okla. Stat. tit. 40, § 40-3-807 — OK Code / Title 40 / Section 40-3-807
Payment of in-lieu contributions - Benefits based on
Status: in_force

wages paid by more than one employer.

PAYMENT OF IN-LIEU CONTRIBUTIONS - BENEFITS BASED ON WAGES PAID

BY MORE THAN ONE EMPLOYER. (1) Each employer that is liable for

payments in lieu of contributions shall pay to the Commission for

the fund the amount of regular benefits plus the amount of one-half

(1/2) of extended benefits paid that are attributable to service in

the employ of such employer. If benefits paid to an individual are

based on wages paid by more than one employer under this act and one

or more of such employers are liable for payments in lieu of

contributions, the amount payable to the fund by each employer that

is liable for such payments shall be determined in accordance with

the provisions of subsection (2) or subsection (3) of this section.

(2) If benefits paid to an individual are based on wages paid

by one or more employers that are liable for contributions under

this act, the amount of benefits payable by each employer that is

liable for payments in lieu of contributions shall be an amount

which bears the same ratio to the total benefits paid to the

individual as the total base period wages, as defined by this act,

paid to the individual by such employer bear to the total base

period wages paid to the individual by all of his base period

employers, as defined by this act.

Oklahoma Statutes - Title 40. Labor Page 160

(3) If benefits paid to an individual are based on wages paid

by two or more employers that are liable for payments in lieu of

contributions, the amount of benefits payable by each such employer

shall be an amount which bears the same ratio to the total benefits

paid to the individual as the total base period wages paid to the

individual by such employer bear to the total base period wages paid

to the individual by all of his base period employers.

(4) Amounts paid that are to be reimbursed under this section

shall not be considered as benefits for the purposes of this act,

nor shall any benefit wages be created under this act by such

payments.Oklahoma Statutes - Title 40. Labor Page 6

Oklahoma Statutes - Title 40. Labor Page 7
Okla. Stat. tit. 40, § 40-414 — OK Code / Title 40 / Section 40-414
Occupational safety and health consultation program for
Status: in_force

private employers.

A. The Commissioner shall not assert enforcement jurisdiction

pursuant to Section 401 et seq. of this title over any occupational

safety or health issue with respect to which a federal standard has

been issued pursuant to Section (6) of Public Law 91-596, also known

as the Williams-Steiger Occupational Safety and Health Act of 1970.

B. The Commissioner shall provide competent occupational safety

and health consultation, education and training for private and

public employers in coordination with the Oklahoma Department of

Career and Technology Education and other available community

resources.

C. Such consultation shall be provided on a priority basis to

those private employers which, based on their certification, have

occupational injury and illness rates exceeding the national average

incidence rate for private employers of similar character.

D. No such consultation shall be provided except upon written

request by the private employer.

E. Except when a condition of "imminent danger" exists, no

reports, communication, or other information regarding safety and

health hazards discovered by the Commissioner, pursuant to the

administration of Section 401 et seq. of this title, or his

representative in the workplaces of private employers, shall be

reported to any enforcement authority whatsoever without the prior

approval of the employer.

F. The Commissioner may, in providing services to private

employers upon request, refer private employers for participation in

other safety and health consultation, education and training

programs including but not limited to the programs authorized by

Section 7(C)1 of Public Law 91-596.

G. The Commissioner may, upon request, refer qualifying private

employers to programs operated by the U.S. Department of Labor for

recognition or for exemption from inspection by the U.S. Department

of Labor Occupational Safety and Health Administration.

H. The Commissioner shall certify successful participation in

the occupational safety and health consultation, education and

training program pursuant to the provisions of Section 924.2 of

Title 36 of the Oklahoma Statutes.

I. The Commissioner may promulgate such rules and regulations

as may be necessary to implement the provisions of this section.

J. As used in this section:

1. "Private employer" means a person engaged in a business

affecting commerce who has employees, but does not include the

United States or any state or political subdivision of a state; and

Oklahoma Statutes - Title 40. Labor Page 286

2. "Imminent danger" means any conditions or practices in any

place of employment which are such that a danger exists which could

reasonably be expected to cause death, or serious physical harm

immediately.
Okla. Stat. tit. 40, § 40-3-504 — OK Code / Title 40 / Section 40-3-504
Sheriff to execute warrant in same manner as judgment
Status: in_force

SHERIFF TO EXECUTE WARRANT IN SAME MANNER AS JUDGMENT. Upon

receiving such warrant the sheriff shall proceed to execute said

warrant in all respects with like effect and in the same manner

prescribed by law in respect to executions against property upon

judgment of the court of record; and such sheriff shall execute and

deliver to the purchaser a bill of sale or deed, as the case may be.

Any purchaser, other than the State of Oklahoma, shall be entitled,

upon application to the court having jurisdiction of the property,

to have confirmation (the procedure for which shall be the same as

is now provided for the confirmation of a sale under execution) of

such sale prior to the issuance of a bill of sale or deed. The

State of Oklahoma shall be authorized to make bids at any such sale

to the amount of contributions, penalties, interest, costs and fees

accrued. In the event such bid is successful, the sheriff shall

issue a proper muniment of title to the Commission, which said

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

Oklahoma Statutes - Title 40. Labor Page 146

State of Oklahoma; and any delinquent employer, or transferee of

such delinquent employer, shall have the right, at any time within

one (1) year from the date of such sale, to redeem such property,

upon the payment of all contributions, penalties, interest, costs

and fees accrued to the date of redemption. Such applicant shall

not be entitled to a credit upon such contributions, penalties,

interest, costs and fees, by reason of any revenue that might have

accrued to the State of Oklahoma or other purchaser under sale prior

to such redemption. After the expiration of the period of

redemption herein provided, the State of Oklahoma may sell such

property at public auction, upon giving thirty (30) days' notice,

published in a newspaper of general circulation in the county where

such property is located, to the highest and best bidder for cash;

and upon a sale had thereof, or when a redemption is made, the

Commission for and on behalf of the State of Oklahoma shall issue

its bill of sale or quit claim deed to the successful bidder or to

the redemptioner. The sheriff shall be entitled to the same fee for

his services in executing the warrant, as he would be entitled to

receive if he were executing an execution issued by the court clerk

of said county upon a judgment of a court of record.
Okla. Stat. tit. 40, § 40-3-109 — OK Code / Title 40 / Section 40-3-109
Experience rate
Status: in_force

EXPERIENCE RATE. The contribution rate for each employer for

each calendar quarter after July 1, 2010, to be applied to the

employer’s current payroll shall be in accordance with the following

table based upon the state experience factor and his benefit wage

ratio:

When the State

Experience

Factor

Is: If the Employer’s Benefit Wage Ratio Does Not Exceed:

1% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

2 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.0 50.0

3 3.3 6.7 10.0 13.3 16.7 20.0 23.3 26.7 30.0 33.3

4 2.5 5.0 7.5 10.0 12.5 15.0 17.5 20.0 22.5 25.0

5 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0

6 1.7 3.3 5.0 6.7 8.3 10.0 11.7 13.3 15.0 16.7

7 1.4 2.9 4.3 5.7 7.1 8.6 10.0 11.4 12.9 14.3

8 1.3 2.5 3.8 5.0 6.3 7.5 8.8 10.0 11.3 12.5

9 1.1 2.2 3.3 4.4 5.6 6.7 7.8 8.9 10.0 11.1

10 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0

11 0.9 1.8 2.7 3.6 4.5 5.5 6.4 7.3 8.2 9.1

12 0.8 1.7 2.5 3.3 4.2 5.0 5.8 6.7 7.5 8.3

13 0.8 1.5 2.3 3.1 3.8 4.6 5.4 6.2 6.9 7.7

14 0.7 1.4 2.1 2.9 3.6 4.3 5.0 5.7 6.4 7.1

15 0.7 1.3 2.0 2.7 3.3 4.0 4.7 5.3 6.0 6.7

16 0.6 1.3 1.9 2.5 3.1 3.8 4.4 5.0 5.6 6.3

17 0.6 1.2 1.8 2.4 2.9 3.5 4.1 4.7 5.3 5.9

18 0.6 1.1 1.7 2.2 2.8 3.3 3.9 4.4 5.0 5.6

Oklahoma Statutes - Title 40. Labor Page 113

19 0.5 1.1 1.6 2.1 2.6 3.2 3.7 4.2 4.7 5.3

20 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0

21 0.5 1.0 1.4 1.9 2.4 2.9 3.3 3.8 4.3 4.8

22 0.5 0.9 1.4 1.8 2.3 2.7 3.2 3.6 4.1 4.5

23 0.4 0.9 1.3 1.7 2.2 2.6 3.0 3.5 3.9 4.3

24 0.4 0.8 1.3 1.7 2.1 2.5 2.9 3.3 3.8 4.2

25 0.4 0.8 1.2 1.6 2.0 2.4 2.8 3.2 3.6 4.0

26 0.4 0.8 1.2 1.5 1.9 2.3 2.7 3.1 3.5 3.8

27 0.4 0.7 1.1 1.5 1.9 2.2 2.6 3.0 3.3 3.7

28 0.4 0.7 1.1 1.4 1.8 2.1 2.5 2.9 3.2 3.6

29 0.3 0.7 1.0 1.4 1.7 2.1 2.4 2.8 3.1 3.4

30 0.3 0.7 1.0 1.3 1.7 2.0 2.3 2.7 3.0 3.3

31 0.3 0.6 1.0 1.3 1.6 1.9 2.3 2.6 2.9 3.2

32 0.3 0.6 0.9 1.3 1.6 1.9 2.2 2.5 2.8 3.1

33 0.3 0.6 0.9 1.2 1.5 1.8 2.1 2.4 2.7 3.0

34 0.3 0.6 0.9 1.2 1.5 1.8 2.1 2.4 2.6 2.9

35 0.3 0.6 0.9 1.1 1.4 1.7 2.0 2.3 2.6 2.9

36 0.3 0.6 0.8 1.1 1.4 1.7 1.9 2.2 2.5 2.8

37 0.3 0.5 0.8 1.1 1.4 1.6 1.9 2.2 2.4 2.7

38 0.3 0.5 0.8 1.1 1.3 1.6 1.8 2.1 2.4 2.6

39 0.3 0.5 0.8 1.0 1.3 1.5 1.8 2.1 2.3 2.6

40 0.3 0.5 0.8 1.0 1.3 1.5 1.8 2.0 2.3 2.5

41 0.2 0.5 0.7 1.0 1.2 1.5 1.7 2.0 2.2 2.4

42 0.2 0.5 0.7 1.0 1.2 1.4 1.7 1.9 2.1 2.4

43 0.2 0.5 0.7 0.9 1.2 1.4 1.6 1.9 2.1 2.3

44 0.2 0.5 0.7 0.9 1.1 1.4 1.6 1.8 2.0 2.3

45 0.2 0.4 0.7 0.9 1.1 1.3 1.6 1.8 2.0 2.2

46 0.2 0.4 0.7 0.9 1.1 1.3 1.5 1.7 2.0 2.2

47 0.2 0.4 0.6 0.9 1.1 1.3 1.5 1.7 1.9 2.1

48 0.2 0.4 0.6 0.8 1.0 1.3 1.5 1.7 1.9 2.1

49 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0

50 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0

The Employer’s Contribution Rate Shall Be:

0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1.0

When the State

Experience

Factor

Is: If the Employer’s Benefit Wage Ratio Does Not Exceed:

1% 110% 120% 130% 140% 150% 160% 170% 180% 190% 200%

2 55.0 60.0 65.0 70.0 75.0 80.0 85.0 90.0 95.0 100.0

3 36.7 40.0 43.3 46.7 50.0 53.3 56.7 60.0 63.3 66.7

4 27.5 30.0 32.5 35.0 37.5 40.0 42.5 45.0 47.5 50.0

5 22.0 24.0 26.0 28.0 30.0 32.0 34.0 36.0 38.0 40.0

6 18.3 20.0 21.7 23.3 25.0 26.7 28.3 30.0 31.7 33.3

7 15.7 17.1 18.6 20.0 21.4 22.9 24.3 25.7 27.1 28.6

8 13.8 15.0 16.3 17.5 18.8 20.0 21.3 22.5 23.8 25.0

9 12.2 13.3 14.4 15.6 16.7 17.8 18.9 20.0 21.1 22.2

Oklahoma Statutes - Title 40. Labor Page 114

10 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0

11 10.0 10.9 11.8 12.7 13.6 14.5 15.5 16.4 17.3 18.2

12 9.2 10.0 10.8 11.7 12.5 13.3 14.2 15.0 15.8 16.7

13 8.5 9.2 10.0 10.8 11.5 12.3 13.1 13.8 14.6 15.4

14 7.9 8.6 9.3 10.0 10.7 11.4 12.1 12.9 13.6 14.3

15 7.3 8.0 8.7 9.3 10.0 10.7 11.3 12.0 12.7 13.3

16 6.9 7.5 8.1 8.8 9.4 10.0 10.6 11.3 11.9 12.5

17 6.5 7.1 7.6 8.2 8.8 9.4 10.0 10.6 11.2 11.8

18 6.1 6.7 7.2 7.8 8.3 8.9 9.4 10.0 10.6 11.1

19 5.8 6.3 6.8 7.4 7.9 8.4 8.9 9.5 10.0 10.5

20 5.5 6.0 6.5 7.0 7.5 8.0 8.5 9.0 9.5 10.0

21 5.2 5.7 6.2 6.7 7.1 7.6 8.1 8.6 9.0 9.5

22 5.0 5.5 5.9 6.4 6.8 7.3 7.7 8.2 8.6 9.1

23 4.8 5.2 5.7 6.1 6.5 7.0 7.4 7.8 8.3 8.7

24 4.6 5.0 5.4 5.8 6.3 6.7 7.1 7.5 7.9 8.3

25 4.4 4.8 5.2 5.6 6.0 6.4 6.8 7.2 7.6 8.0

26 4.2 4.6 5.0 5.4 5.8 6.2 6.5 6.9 7.3 7.7

27 4.1 4.4 4.8 5.2 5.6 5.9 6.3 6.7 7.0 7.4

28 3.9 4.3 4.6 5.0 5.4 5.7 6.1 6.4 6.8 7.1

29 3.8 4.1 4.5 4.8 5.2 5.5 5.9 6.2 6.6 6.9

30 3.7 4.0 4.3 4.7 5.0 5.3 5.7 6.0 6.3 6.7

31 3.5 3.9 4.2 4.5 4.8 5.2 5.5 5.8 6.1 6.5

32 3.4 3.8 4.1 4.4 4.7 5.0 5.3 5.6 5.9 6.3

33 3.3 3.6 3.9 4.2 4.5 4.8 5.2 5.5 5.8 6.1

34 3.2 3.5 3.8 4.1 4.4 4.7 5.0 5.3 5.6 5.9

35 3.1 3.4 3.7 4.0 4.3 4.6 4.9 5.1 5.4 5.7

36 3.1 3.3 3.6 3.9 4.2 4.4 4.7 5.0 5.3 5.6

37 3.0 3.2 3.5 3.8 4.1 4.3 4.6 4.9 5.1 5.4

38 2.9 3.2 3.4 3.7 3.9 4.2 4.5 4.7 5.0 5.3

39 2.8 3.1 3.3 3.6 3.8 4.1 4.4 4.6 4.9 5.1

40 2.8 3.0 3.3 3.5 3.8 4.0 4.3 4.5 4.8 5.0

41 2.7 2.9 3.2 3.4 3.7 3.9 4.1 4.4 4.6 4.9

42 2.6 2.9 3.1 3.3 3.6 3.8 4.0 4.3 4.5 4.8

43 2.6 2.8 3.0 3.3 3.5 3.7 4.0 4.2 4.4 4.7

44 2.5 2.7 3.0 3.2 3.4 3.6 3.9 4.1 4.3 4.5

45 2.4 2.7 2.9 3.1 3.3 3.6 3.8 4.0 4.2 4.4

46 2.4 2.6 2.8 3.0 3.3 3.5 3.7 3.9 4.1 4.3

47 2.3 2.6 2.8 3.0 3.2 3.4 3.6 3.8 4.0 4.3

48 2.3 2.5 2.7 2.9 3.1 3.3 3.5 3.8 4.0 4.2

49 2.2 2.4 2.7 2.9 3.1 3.3 3.5 3.7 3.9 4.1

50 2.2 2.4 2.6 2.8 3.0 3.2 3.4 3.6 3.8 4.0

The Employer’s Contribution Rate Shall Be:

1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 2.0

When the State

Experience

Factor

Is: If the Employer’s Benefit Wage Ratio Does Not Exceed:

Oklahoma Statutes - Title 40. Labor Page 115

1% 210% 220% 230% 240% 250% 260% 270% 280% 290% 300%

2 105.0 110.0 115.0 120.0 125.0 130.0 135.0 140.0 145.0 150.0

3 70.0 73.3 76.7 80.0 83.3 86.7 90.0 93.3 96.7 100.0

4 52.5 55.0 57.5 60.0 62.5 65.0 67.5 70.0 72.5 75.0

5 42.0 44.0 46.0 48.0 50.0 52.0 54.0 56.0 58.0 60.0

6 35.0 36.7 38.3 40.0 41.7 43.3 45.0 46.7 48.3 50.0

7 30.0 31.4 32.9 34.3 35.7 37.1 38.6 40.0 41.4 42.9

8 26.3 27.5 28.8 30.0 31.3 32.5 33.8 35.0 36.3 37.5

9 23.3 24.4 25.6 26.7 27.8 28.9 30.0 31.1 32.2 33.3

10 21.0 22.0 23.0 24.0 25.0 26.0 27.0 28.0 29.0 30.0

11 19.1 20.0 20.9 21.8 22.7 23.6 24.5 25.5 26.4 27.3

12 17.5 18.3 19.2 20.0 20.8 21.7 22.5 23.3 24.2 25.0

13 16.2 16.9 17.7 18.5 19.2 20.0 20.8 21.5 22.3 23.1

14 15.0 15.7 16.4 17.1 17.9 18.6 19.3 20.0 20.7 21.4

15 14.0 14.7 15.3 16.0 16.7 17.3 18.0 18.7 19.3 20.0

16 13.1 13.8 14.4 15.0 15.6 16.3 16.9 17.5 18.1 18.8

17 12.4 12.9 13.5 14.1 14.7 15.3 15.9 16.5 17.1 17.6

18 11.7 12.2 12.8 13.3 13.9 14.4 15.0 15.6 16.1 16.7

19 11.1 11.6 12.1 12.6 13.2 13.7 14.2 14.7 15.3 15.8

20 10.5 11.0 11.5 12.0 12.5 13.0 13.5 14.0 14.5 15.0

21 10.0 10.5 11.0 11.4 11.9 12.4 12.9 13.3 13.8 14.3

22 9.5 10.0 10.5 10.9 11.4 11.8 12.3 12.7 13.2 13.6

23 9.1 9.6 10.0 10.4 10.9 11.3 11.7 12.2 12.6 13.0

24 8.8 9.2 9.6 10.0 10.4 10.8 11.3 11.7 12.1 12.5

25 8.4 8.8 9.2 9.6 10.0 10.4 10.8 11.2 11.6 12.0

26 8.1 8.5 8.8 9.2 9.6 10.0 10.4 10.8 11.2 11.5

27 7.8 8.1 8.5 8.9 9.3 9.6 10.0 10.4 10.7 11.1

28 7.5 7.9 8.2 8.6 8.9 9.3 9.6 10.0 10.4 10.7

29 7.2 7.6 7.9 8.3 8.6 9.0 9.3 9.7 10.0 10.3

30 7.0 7.3 7.7 8.0 8.3 8.7 9.0 9.3 9.7 10.0

31 6.8 7.1 7.4 7.7 8.1 8.4 8.7 9.0 9.4 9.7

32 6.6 6.9 7.2 7.5 7.8 8.1 8.4 8.8 9.1 9.4

33 6.4 6.7 7.0 7.3 7.6 7.9 8.2 8.5 8.8 9.1

34 6.2 6.5 6.8 7.1 7.4 7.6 7.9 8.2 8.5 8.8

35 6.0 6.3 6.6 6.9 7.1 7.4 7.7 8.0 8.3 8.6

36 5.8 6.1 6.4 6.7 6.9 7.2 7.5 7.8 8.1 8.3

37 5.7 5.9 6.2 6.5 6.8 7.0 7.3 7.6 7.8 8.1

38 5.5 5.8 6.1 6.3 6.6 6.8 7.1 7.4 7.6 7.9

39 5.4 5.6 5.9 6.2 6.4 6.7 6.9 7.2 7.4 7.7

40 5.3 5.5 5.8 6.0 6.3 6.5 6.8 7.0 7.3 7.5

41 5.1 5.4 5.6 5.9 6.1 6.3 6.6 6.8 7.1 7.3

42 5.0 5.2 5.5 5.7 6.0 6.2 6.4 6.7 6.9 7.1

43 4.9 5.1 5.3 5.6 5.8 6.0 6.3 6.5 6.7 7.0

44 4.8 5.0 5.2 5.5 5.7 5.9 6.1 6.4 6.6 6.8

45 4.7 4.9 5.1 5.3 5.6 5.8 6.0 6.2 6.4 6.7

46 4.6 4.8 5.0 5.2 5.4 5.7 5.9 6.1 6.3 6.5

47 4.5 4.7 4.9 5.1 5.3 5.5 5.7 6.0 6.2 6.4

Oklahoma Statutes - Title 40. Labor Page 116

48 4.4 4.6 4.8 5.0 5.2 5.4 5.6 5.8 6.0 6.3

49 4.3 4.5 4.7 4.9 5.1 5.3 5.5 5.7 5.9 6.1

50 4.2 4.4 4.6 4.8 5.0 5.2 5.4 5.6 5.8 6.0

The Employer’s Contribution Rate Shall Be:

2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 3.0

When the State

Experience

Factor

Is: If the Employer’s Benefit Wage Ratio Does Not Exceed:

1% 310% 320% 330% 340% 350% 360% 370% 380% 390% 400%

2 155.0 160.0 165.0 170.0 175.0 180.0 185.0 190.0 195.0 200.0

3 103.3 106.7 110.0 113.3 116.7 120.0 123.3 126.7 130.0 133.3

4 77.5 80.0 82.5 85.0 87.5 90.0 92.5 95.0 97.5 100.0

5 62.0 64.0 66.0 68.0 70.0 72.0 74.0 76.0 78.0 80.0

6 51.7 53.3 55.0 56.7 58.3 60.0 61.7 63.3 65.0 66.7

7 44.3 45.7 47.1 48.6 50.0 51.4 52.9 54.3 55.7 57.1

8 38.8 40.0 41.3 42.5 43.8 45.0 46.3 47.5 48.8 50.0

9 34.4 35.6 36.7 37.8 38.9 40.0 41.1 42.2 43.3 44.4

10 31.0 32.0 33.0 34.0 35.0 36.0 37.0 38.0 39.0 40.0

11 28.2 29.1 30.0 30.9 31.8 32.7 33.6 34.5 35.5 36.4

12 25.8 26.7 27.5 28.3 29.2 30.0 30.8 31.7 32.5 33.3

13 23.8 24.6 25.4 26.2 26.9 27.7 28.5 29.2 30.0 30.8

14 22.1 22.9 23.6 24.3 25.0 25.7 26.4 27.1 27.9 28.6

15 20.7 21.3 22.0 22.7 23.3 24.0 24.7 25.3 26.0 26.7

16 19.4 20.0 20.6 21.3 21.9 22.5 23.1 23.8 24.4 25.0

17 18.2 18.8 19.4 20.0 20.6 21.2 21.8 22.4 22.9 23.5

18 17.2 17.8 18.3 18.9 19.4 20.0 20.6 21.1 21.7 22.2

19 16.3 16.8 17.4 17.9 18.4 18.9 19.5 20.0 20.5 21.1

20 15.5 16.0 16.5 17.0 17.5 18.0 18.5 19.0 19.5 20.0

21 14.8 15.2 15.7 16.2 16.7 17.1 17.6 18.1 18.6 19.0

22 14.1 14.5 15.0 15.5 15.9 16.4 16.8 17.3 17.7 18.2

23 13.5 13.9 14.3 14.8 15.2 15.7 16.1 16.5 17.0 17.4

24 12.9 13.3 13.8 14.2 14.6 15.0 15.4 15.8 16.3 16.7

25 12.4 12.8 13.2 13.6 14.0 14.4 14.8 15.2 15.6 16.0

26 11.9 12.3 12.7 13.1 13.5 13.8 14.2 14.6 15.0 15.4

27 11.5 11.9 12.2 12.6 13.0 13.3 13.7 14.1 14.4 14.8

28 11.1 11.4 11.8 12.1 12.5 12.9 13.2 13.6 13.9 14.3

29 10.7 11.0 11.4 11.7 12.1 12.4 12.8 13.1 13.4 13.8

30 10.3 10.7 11.0 11.3 11.7 12.0 12.3 12.7 13.0 13.3

31 10.0 10.3 10.6 11.0 11.3 11.6 11.9 12.3 12.6 12.9

32 9.7 10.0 10.3 10.6 10.9 11.3 11.6 11.9 12.2 12.5

33 9.4 9.7 10.0 10.3 10.6 10.9 11.2 11.5 11.8 12.1

34 9.1 9.4 9.7 10.0 10.3 10.6 10.9 11.2 11.5 11.8

35 8.9 9.1 9.4 9.7 10.0 10.3 10.6 10.9 11.1 11.4

36 8.6 8.9 9.2 9.4 9.7 10.0 10.3 10.6 10.8 11.1

37 8.4 8.6 8.9 9.2 9.5 9.7 10.0 10.3 10.5 10.8

38 8.2 8.4 8.7 8.9 9.2 9.5 9.7 10.0 10.3 10.5

Oklahoma Statutes - Title 40. Labor Page 117

39 7.9 8.2 8.5 8.7 9.0 9.2 9.5 9.7 10.0 10.3

40 7.8 8.0 8.3 8.5 8.8 9.0 9.3 9.5 9.8 10.0

41 7.6 7.8 8.0 8.3 8.5 8.8 9.0 9.3 9.5 9.8

42 7.4 7.6 7.9 8.1 8.3 8.6 8.8 9.0 9.3 9.5

43 7.2 7.4 7.7 7.9 8.1 8.4 8.6 8.8 9.1 9.3

44 7.0 7.3 7.5 7.7 8.0 8.2 8.4 8.6 8.9 9.1

45 6.9 7.1 7.3 7.6 7.8 8.0 8.2 8.4 8.7 8.9

46 6.7 7.0 7.2 7.4 7.6 7.8 8.0 8.3 8.5 8.7

47 6.6 6.8 7.0 7.2 7.4 7.7 7.9 8.1 8.3 8.5

48 6.5 6.7 6.9 7.1 7.3 7.5 7.7 7.9 8.1 8.3

49 6.3 6.5 6.7 6.9 7.1 7.3 7.6 7.8 8.0 8.2

50 6.2 6.4 6.6 6.8 7.0 7.2 7.4 7.6 7.8 8.0

The Employer’s Contribution Rate Shall Be:

3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 4.0

When the State

Experience

Factor

Is: If the Employer’s Benefit Wage Ratio Does Not Exceed:

1% 410% 420% 430% 440% 450% 460% 470% 480% 490% 500%

2 205.0 210.0 215.0 220.0 225.0 230.0 235.0 240.0 245.0 250.0

3 136.7 140.0 143.3 146.7 150.0 153.3 156.7 160.0 163.3 166.7

4 102.5 105.0 107.5 110.0 112.5 115.0 117.5 120.0 122.5 125.0

5 82.0 84.0 86.0 88.0 90.0 92.0 94.0 96.0 98.0 100.0

6 68.3 70.0 71.7 73.3 75.0 76.7 78.3 80.0 81.7 83.3

7 58.6 60.0 61.4 62.9 64.3 65.7 67.1 68.6 70.0 71.4

8 51.3 52.5 53.8 55.0 56.3 57.5 58.8 60.0 61.3 62.5

9 45.6 46.7 47.8 48.9 50.0 51.1 52.2 53.3 54.4 55.6

10 41.0 42.0 43.0 44.0 45.0 46.0 47.0 48.0 49.0 50.0

11 37.3 38.2 39.1 40.0 40.9 41.8 42.7 43.6 44.5 45.5

12 34.2 35.0 35.8 36.7 37.5 38.3 39.2 40.0 40.8 41.7

13 31.5 32.3 33.1 33.8 34.6 35.4 36.2 36.9 37.7 38.5

14 29.3 30.0 30.7 31.4 32.1 32.9 33.6 34.3 35.0 35.7

15 27.3 28.0 28.7 29.3 30.0 30.7 31.3 32.0 32.7 33.3

16 25.6 26.3 26.9 27.5 28.1 28.8 29.4 30.0 30.6 31.3

17 24.1 24.7 25.3 25.9 26.5 27.1 27.6 28.2 28.8 29.4

18 22.8 23.3 23.9 24.4 25.0 25.6 26.1 26.7 27.2 27.8

19 21.6 22.1 22.6 23.2 23.7 24.2 24.7 25.3 25.8 26.3

20 20.5 21.0 21.5 22.0 22.5 23.0 23.5 24.0 24.5 25.0

21 19.5 20.0 20.5 21.0 21.4 21.9 22.4 22.9 23.3 23.8

22 18.6 19.1 19.5 20.0 20.5 20.9 21.4 21.8 22.3 22.7

23 17.8 18.3 18.7 19.1 19.6 20.0 20.4 20.9 21.3 21.7

24 17.1 17.5 17.9 18.3 18.8 19.2 19.6 20.0 20.4 20.8

25 16.4 16.8 17.2 17.6 18.0 18.4 18.8 19.2 19.6 20.0

26 15.8 16.2 16.5 16.9 17.3 17.7 18.1 18.5 18.8 19.2

27 15.2 15.6 15.9 16.3 16.7 17.0 17.4 17.8 18.1 18.5

28 14.6 15.0 15.4 15.7 16.1 16.4 16.8 17.1 17.5 17.9

29 14.1 14.5 14.8 15.2 15.5 15.9 16.2 16.6 16.9 17.2

Oklahoma Statutes - Title 40. Labor Page 118

30 13.7 14.0 14.3 14.7 15.0 15.3 15.7 16.0 16.3 16.7

31 13.2 13.5 13.9 14.2 14.5 14.8 15.2 15.5 15.8 16.1

32 12.8 13.1 13.4 13.8 14.1 14.4 14.7 15.0 15.3 15.6

33 12.4 12.7 13.0 13.3 13.6 13.9 14.2 14.5 14.8 15.2

34 12.1 12.4 12.6 12.9 13.2 13.5 13.8 14.1 14.4 14.7

35 11.7 12.0 12.3 12.6 12.9 13.1 13.4 13.7 14.0 14.3

36 11.4 11.7 11.9 12.2 12.5 12.8 13.1 13.3 13.6 13.9

37 11.1 11.4 11.6 11.9 12.2 12.4 12.7 13.0 13.2 13.5

38 10.8 11.1 11.3 11.6 11.8 12.1 12.4 12.6 12.9 13.2

39 10.5 10.8 11.0 11.3 11.5 11.8 12.1 12.3 12.6 12.8

40 10.3 10.5 10.8 11.0 11.3 11.5 11.8 12.0 12.3 12.5

41 10.0 10.2 10.5 10.7 11.0 11.2 11.5 11.7 12.0 12.2

42 9.8 10.0 10.2 10.5 10.7 11.0 11.2 11.4 11.7 11.9

43 9.5 9.8 10.0 10.2 10.5 10.7 10.9 11.2 11.4 11.6

44 9.3 9.5 9.8 10.0 10.2 10.5 10.7 10.9 11.1 11.4

45 9.1 9.3 9.6 9.8 10.0 10.2 10.4 10.7 10.9 11.1

46 8.9 9.1 9.3 9.6 9.8 10.0 10.2 10.4 10.7 10.9

47 8.7 8.9 9.1 9.4 9.6 9.8 10.0 10.2 10.4 10.6

48 8.5 8.8 9.0 9.2 9.4 9.6 9.8 10.0 10.2 10.4

49 8.4 8.6 8.8 9.0 9.2 9.4 9.6 9.8 10.0 10.2

50 8.2 8.4 8.6 8.8 9.0 9.2 9.4 9.6 9.8 10.0

The Employer’s Contribution Rate Shall Be:

4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 5.0

When the State

Experience

Factor

Is: If the Employer’s Benefit Wage Ratio Does Not Exceed:

1% 510% 520% 530% 540%

2 255.0 260.0 265.0 270.0

3 170.0 173.3 176.7 180.0

4 127.5 130.0 132.5 135.0

5 102.0 104.0 106.0 108.0

6 85.0 86.7 88.3 90.0

7 72.9 74.3 75.7 77.1

8 63.8 65.0 66.3 67.5

9 56.7 57.8 58.9 60.0

10 51.0 52.0 53.0 54.0

11 46.4 47.3 48.2 49.1

12 42.5 43.3 44.2 45.0

13 39.2 40.0 40.8 41.5

14 36.4 37.1 37.9 38.6

15 34.0 34.7 35.3 36.0

16 31.9 32.5 33.1 33.8

17 30.0 30.6 31.2 31.8

18 28.3 28.9 29.4 30.0

19 26.8 27.4 27.9 28.4

20 25.5 26.0 26.5 27.0

Oklahoma Statutes - Title 40. Labor Page 119

21 24.3 24.8 25.2 25.7

22 23.2 23.6 24.1 24.5

23 22.2 22.6 23.0 23.5

24 21.3 21.7 22.1 22.5

25 20.4 20.8 21.2 21.6

26 19.6 20.0 20.4 20.8

27 18.9 19.3 19.6 20.0

28 18.2 18.6 18.9 19.3

29 17.6 17.9 18.3 18.6

30 17.0 17.3 17.7 18.0

31 16.5 16.8 17.1 17.4

32 15.9 16.3 16.6 16.9

33 15.5 15.8 16.1 16.4

34 15.0 15.3 15.6 15.9

35 14.6 14.9 15.1 15.4

36 14.2 14.4 14.7 15.0

37 13.8 14.1 14.3 14.6

38 13.4 13.7 13.9 14.2

39 13.1 13.3 13.6 13.8

40 12.8 13.0 13.3 13.5

41 12.4 12.7 12.9 13.2

42 12.1 12.4 12.6 12.9

43 11.9 12.1 12.3 12.6

44 11.6 11.8 12.0 12.3

45 11.3 11.6 11.8 12.0

46 11.1 11.3 11.5 11.7

47 10.9 11.1 11.3 11.5

48 10.6 10.8 11.0 11.3

49 10.4 10.6 10.8 11.0

50 10.2 10.4 10.6 10.8

The Employer’s Contribution Rate Shall Be:

5.1 5.2 5.3 5.4

If the employer’s benefit wage ratio exceeds the amount in the

last column of the table on the line for the current year’s state

experience factor, his contribution rate shall be five and five-

tenths percent (5.5%).

CONDITIONAL FACTOR RATE

Conditional

Factor

Rate

Is: 0.1% 0.2% 0.3% 0.4% 0.5% 0.6% 0.7% 0.8% 0.9% 1.0% 1.1%

A 0.4% 0.4% 0.5% 0.7% 0.8% 0.9% 1.0% 1.1% 1.2% 1.3% 1.4%

B 0.4% 0.5% 0.6% 0.7% 0.8% 1.0% 1.0% 1.1% 1.2% 1.3% 1.5%

C 0.5% 0.6% 0.7% 0.8% 1.0% 1.1% 1.2% 1.3% 1.4% 1.6% 1.7%

D 0.7% 0.9% 1.1% 1.2% 1.4% 1.6% 1.7% 1.8% 1.9% 2.0% 2.1%

1.2% 1.3% 1.4% 1.5% 1.6% 1.7% 1.8% 1.9% 2.0% 2.1% 2.2%

A 1.5% 1.6% 1.7% 1.8% 1.9% 2.0% 2.1% 2.2% 2.3% 2.4% 2.5%

Oklahoma Statutes - Title 40. Labor Page 120

B 1.6% 1.7% 1.8% 1.9% 2.0% 2.1% 2.2% 2.3% 2.4% 2.5% 2.6%

C 1.9% 2.0% 2.1% 2.2% 2.3% 2.4% 2.5% 2.6% 2.7% 2.8% 2.9%

D 2.2% 2.3% 2.5% 2.6% 2.7% 2.8% 2.9% 3.0% 3.1% 3.2% 3.3%

2.3% 2.4% 2.5% 2.6% 2.7% 2.8% 2.9% 3.0% 3.1% 3.2% 3.3%

A 2.6% 2.7% 2.8% 2.9% 3.0% 3.1% 3.2% 3.3% 3.4% 3.5% 3.6%

B 2.7% 2.8% 2.9% 3.0% 3.1% 3.2% 3.3% 3.4% 3.5% 3.6% 3.7%

C 3.0% 3.1% 3.2% 3.3% 3.4% 3.5% 3.6% 3.7% 3.8% 3.9% 4.0%

D 3.4% 3.5% 3.6% 3.7% 3.8% 3.9% 4.0% 4.1% 4.2% 4.3% 4.4%

3.4% 3.5% 3.6% 3.7% 3.8% 3.9% 4.0% 4.1% 4.2% 4.3% 4.4%

A 3.7% 3.7% 3.8% 3.9% 4.0% 4.1% 4.2% 4.3% 4.4% 4.5% 4.6%

B 3.8% 3.9% 4.0% 4.1% 4.2% 4.3% 4.4% 4.5% 4.6% 4.7% 4.8%

C 4.1% 4.2% 4.3% 4.4% 4.5% 4.6% 4.7% 4.8% 4.9% 5.0% 5.1%

D 4.5% 4.6% 4.7% 4.8% 4.9% 5.0% 5.1% 5.2% 5.3% 5.4% 5.5%

4.5% 4.6% 4.7% 4.8% 4.9% 5.0% 5.1% 5.2% 5.3% 5.4% 5.5%

A 4.7% 4.8% 4.9% 5.0% 5.1% 5.2% 5.3% 5.4% 5.5% 5.6% 5.7%

B 4.9% 5.0% 5.1% 5.2% 5.3% 5.4% 5.5% 5.6% 5.7% 5.8% 5.9%

C 5.2% 5.3% 5.4% 5.5% 5.6% 5.7% 5.8% 5.9% 6.0% 6.1% 6.2%

D 5.6% 5.7% 5.8% 5.9% 6.0% 6.1% 6.2% 6.3% 6.3% 6.4% 6.5%
Okla. Stat. tit. 40, § 40-4-502 — OK Code / Title 40 / Section 40-4-502
Employing units to maintain records open to Commission
Status: in_force

EMPLOYING UNITS TO MAINTAIN RECORDS OPEN TO COMMISSION. Each

employing unit shall keep true and accurate work records, for such

periods of time and containing such information as the Commission

may prescribe. Such records shall be maintained for a period of

four (4) years and shall be open to inspection and be subject to

being copied by the Commission or its authorized representatives at

any reasonable time.
Okla. Stat. tit. 40, § 40-600.5 — OK Code / Title 40 / Section 40-600.5
Registration fees
Status: in_force

A. Initial registration. Upon filing an initial registration

statement under the Oklahoma Professional Employer Organization

Oklahoma Statutes - Title 40. Labor Page 327

Recognition and Registration Act, a PEO shall pay an initial

registration fee of Five Hundred Dollars ($500.00).

B. Initial Group Registration. Upon filing an initial Group

registration statement pursuant to the Oklahoma Professional

Employer Organization Recognition and Registration Act, the PEO

Group shall pay an initial registration fee of Five Hundred Dollars

($500.00) per member of the PEO Group.

C. Renewal. Upon each annual renewal of a registration

statement filed under the Oklahoma Professional Employer

Organization Recognition and Registration Act, a PEO shall pay a

renewal fee of Two Hundred Fifty Dollars ($250.00).

D. Renewal. Upon each annual renewal of a Group registration

statement filed under the Oklahoma Professional Employer

Organization Recognition and Registration Act, a PEO Group shall pay

a renewal fee of Two Hundred Fifty Dollars ($250.00) per member of

the PEO Group.

E. Exemption. Each PEO exempt from registration under the

terms of this subsection shall pay an exemption fee in the amount of

Two Hundred Fifty Dollars ($250.00) upon initial application for

exemption and upon each annual renewal of the exemption.
Okla. Stat. tit. 40, § 40-196.9 — OK Code / Title 40 / Section 40-196.9
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, § 40-4-304 — OK Code / Title 40 / Section 40-4-304
Commission to determine its own organization and
Status: in_force

procedure.

COMMISSION TO DETERMINE ITS OWN ORGANIZATION AND PROCEDURE. The

Commission shall determine its own organization and methods of

procedure in accordance with the provisions of this act.
Okla. Stat. tit. 40, § 40-3-310 — OK Code / Title 40 / Section 40-3-310
Waiver of penalty or interest
Status: in_force

A. Any penalty or interest, or any portion thereof, assessed

because an employer or employee fails to file a report or remit

payment as required by Section 1-101 et seq. of this title may be

waived by the Oklahoma Employment Security Commission provided the

failure of the employer or employee to file a report or remit

payment:

1. Is satisfactorily explained to the Commission;

2. Has resulted from a mistake by the employer or employee of

either the law or the facts subjecting the employer or employee to

file the report or remit payment; or

3. Results from insolvency.

B. Provided, no waiver of penalty or interest assessed for

failure to file a report or remit payment as required by this act

shall be granted unless the request for waiver is filed with the

Commission within a three-year period from the date the penalty or

interest was assessed or accrued.
Okla. Stat. tit. 40, § 40-197.13 — OK Code / Title 40 / Section 40-197.13
Penalty for failure to pay minimum compensation
Status: in_force

Any employer, or the officer or agent of any corporation, who

pays or agrees to pay to any employee less than the rate of

compensation required by Sections 197.2 and 197.5 of this title,

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

punished by a fine of not more than Five Hundred Dollars ($500.00),

or by imprisonment in the county jail for not more than six (6)

months, or by both such fine and imprisonment.
Okla. Stat. tit. 40, § 40-2-209 — OK Code / Title 40 / Section 40-2-209
Benefits for employees of governmental or nonprofit
Status: in_force

employers.

BENEFITS FOR EMPLOYEES OF GOVERNMENTAL OR NONPROFIT EMPLOYERS.

Benefits based on service in employment defined in paragraph (3)

or (4) of Section 1-210 of this title, including any federally

operated educational institutions, shall be payable in the same

amount, on the same terms and subject to the same conditions as

benefits payable on the basis of other service subject to the

Employment Security Act of 1980, except that:

(1) With respect to service performed in an instructional,

research or principal administrative capacity for an educational

institution, benefits shall not be paid based on services for any

week of unemployment commencing during the period between two (2)

successive academic years, or during a similar period between two

regular but not successive terms, or during a period of paid

sabbatical leave provided for in the individual's contract, to any

individual if the individual performs services in the first academic

year or term and if there is a contract or a reasonable assurance

that the individual will perform services in any such capacity for

any educational institution in the second academic year or term;

(2) With respect to services performed in any other capacity

for an educational institution, benefits shall not be paid on the

basis of services to any individual for any week which commences

during a period between two (2) successive academic years or terms

if the individual performs services in the first academic year or

term and there is a reasonable assurance that the individual will

perform services in any such capacity in the second academic year or

Oklahoma Statutes - Title 40. Labor Page 58

term, except that if compensation is denied to any individual

pursuant to this paragraph and the individual was not offered an

opportunity to perform services for the educational institution for

the second academic year or term, the individual shall be entitled

to a retroactive payment of compensation for each week for which the

individual filed a timely claim for compensation and for which

compensation was denied solely by reason of this clause;

(3) With respect to any services described in paragraphs (1)

and (2) of this section, benefits shall not be payable on the basis

of services in any capacities to any individual for any week which

commences during an established and customary vacation period or

holiday recess if the individual performs services in the period

immediately before the vacation period or holiday recess, and there

is a reasonable assurance that the individual will perform services

in any such capacity in the period immediately following the

vacation period or holiday recess;

(4) With respect to any services described in paragraphs (1)

and (2) of this section, benefits shall not be payable on the basis

of services in any capacities as specified in paragraphs (1), (2)

and (3) of this section to any individual who performed services in

an educational institution while in the employ of an educational

service agency. For purposes of this paragraph, the term

"educational service agency" means a governmental agency or

governmental entity which is established and operated exclusively

for the purpose of providing services to one or more educational

institutions;

(5) If services are provided to or on behalf of an educational

institution by a private for-profit entity or an entity described in

paragraph (3) or (4) of Section 1-210 of this title that is not an

educational institution or an educational service agency, the

employees providing these services shall not be subject to the terms

and conditions as described in paragraphs (1), (2), (3) and (4) of

this section; and

(6) If an individual has employment with an educational

institution and has employment with a noneducational employer or

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

the individual may become eligible for benefits during the between-

term denial period, based only on the noneducational employment.
Okla. Stat. tit. 40, § 40-3-804 — OK Code / Title 40 / Section 40-3-804
Period of election - Organizations subject to act after
Status: in_force

January 1, 1972.

PERIOD OF ELECTION - ORGANIZATIONS SUBJECT TO ACT AFTER JANUARY

1, 1972. Any nonprofit organization which becomes subject to this

act on or after January 1, 1972, may elect to become liable for

payments in lieu of contributions for a period of not less than the

remainder of the calendar year in which subjectivity occurs and the

next two (2) succeeding calendar years by filing a written notice of

its election with the Commission not later than thirty (30) days

Oklahoma Statutes - Title 40. Labor Page 158

immediately following the date of the determination of such

subjectivity.
Okla. Stat. tit. 40, § 40-141.18 — OK Code / Title 40 / Section 40-141.18
Accidents and incidents - Investigation and inquiry -
Status: in_force

Notice.

A. The Department of Labor has total jurisdiction over the

investigation or inquiry into accidents and incidents arising within

the definitions of this act.

B. It shall be mandatory for all owners, users or operators to

immediately notify the Department of Labor and secure the total

accident or incident area by whatever means is practical until such

time as the Department of Labor representative or a designee of the

Commissioner arrives on the scene, except in case of the protection

of life or limb as a result of said accident or incident.
Okla. Stat. tit. 40, § 40-555 — OK Code / Title 40 / Section 40-555
Written policy required - Notice of policy changes -
Status: in_force

Distribution.

A. Any employer that requests or requires an applicant or

employee to undergo drug or alcohol testing shall first adopt a

written policy setting forth the specifics of its drug or alcohol

testing program, which may include, but is not limited to, the

following information:

1. A statement of the employer's policy respecting drug or

alcohol use by employees;

2. Which applicants and employees are subject to testing;

3. Circumstances under which testing may be requested or

required;

4. Substances which may be tested. It shall be sufficient for

an employer to state in the written policy that the substances

tested shall be for drugs and alcohol;

5. Testing methods and collection procedures to be used;

6. Consequences of refusing to undergo testing;

7. Potential adverse personnel action which may be taken as a

result of a positive test result;

8. The ability of an applicant and employee to explain, in

confidence, the test results;

9. The ability of an applicant and employee to obtain copies of

all information and records related to that individual's testing;

10. Confidentiality requirements; and

11. The available appeal procedures.

B. An employer who implements a drug or alcohol testing policy

or changes its policy, shall provide at least ten (10) days' notice

to its employees and shall provide a copy of its policy to each

applicant upon his or her acceptance of employment by:

1. Hand-delivery of a paper copy of the policy or changes to

the policy;

2. Mailing a paper copy of the policy or changes to the policy

through the U.S. Postal Service or a parcel delivery service to the

last address given by the employee or applicant;

3. Electronically transmitting a copy of the policy through an

e-mail or by posting on the employer’s website or intranet site; or

4. Posting a copy in a prominent employee access area.
Okla. Stat. tit. 40, § 40-4-603 — OK Code / Title 40 / Section 40-4-603
Moneys expended in accordance with Secretary of Labor
Status: in_force

MONEYS EXPENDED IN ACCORDANCE WITH SECRETARY OF LABOR. All

moneys in this fund which are received from the federal government

or any agency thereof or which are appropriated by this state for

the purposes described in Part 8 of this Article shall be expended

by the Commission solely for the purposes and in the amounts found

necessary by the Secretary of Labor for the proper and efficient

administration of this act.
Okla. Stat. tit. 40, § 40-2-717 — OK Code / Title 40 / Section 40-2-717
Total amount of extended benefits payable
Status: in_force

TOTAL AMOUNT OF EXTENDED BENEFITS PAYABLE. The total extended

benefit amount payable to any eligible individual with respect to

Oklahoma Statutes - Title 40. Labor Page 101

his applicable benefit year shall be the least of the following

amounts:

(1) fifty percent (50%) of the total amount of regular benefits

which were payable to him under this act, during his applicable

benefit year;

(2) thirteen (13) times his average weekly benefit amount as

determined in subsection (1) of this section which was payable to

him under this act, for a week of total unemployment during such

benefit year;

(3) thirty-nine (39) times his average weekly benefit amount as

determined in subsection (1) of Section 2-716 payable to him under

this act, for a week of total unemployment during such benefit year,

reduced by the regular benefits paid, or deemed paid, to him during

such benefit year.

(4) If an individual is entitled to more extended benefits as a

result of an appeal which afforded him more regular benefits, an

appropriate change shall be made in the individual's total extended

benefit amount.

(5) If an individual who has received extended benefits for a

week or weeks of unemployment is determined to be entitled to more

regular benefits with respect to such week or weeks as the result of

an appeal, the extended benefits paid to him shall be treated as if

they were regular benefits up to the greater amount of regular

benefits to which he has been determined to be entitled. If the

individual is entitled to more extended benefits as a result of

being entitled to more regular benefits, the total extended benefit

amount payable to him shall be amended accordingly.
Okla. Stat. tit. 40, § 40-80 — OK Code / Title 40 / Section 40-80
School attendance certificate to be presented - Duplicate
Status: in_force

of schooling certificate - Blank form - Form of certificate.

The age and schooling certificate shall not be approved until

the parent or guardian of such child shall present a school

attendance certificate as hereinafter prescribed. A duplicate of

such age and schooling certificate shall be filled out and sent by

the school officer, before whom the same is made, to the

Commissioner of Labor. The blank forms for school attendance

certificate and for the age and schooling certificate shall be

supplied to the principal, headmaster, or equivalent administrative

officer of the school or to one of the child's parents if the child

is being schooled at home by the State Superintendent of Public

Instruction as hereinafter indicated.

SCHOOL ATTENDANCE CERTIFICATE.

and write and that according to the records of this school and in my

has attended school during the full school term of the preceding

year.

AGE AND SCHOOLING CERTIFICATE.

(number of years and months old).

Oklahoma Statutes - Title 40. Labor Page 206

(Signature of parent or guardian).

(name of person signing), and made oath that the foregoing

certificate is true to the best of his (or her) knowledge and

belief.

sufficient reason to doubt that he (or she) is of the age therein

certified.

OWNER OF CERTIFICATE.

is to be surrendered to him (or her) whenever he (or she) leaves the

service of the employer holding the same, but if not claimed by said

child within thirty days after leaving said service, shall be sent

to the Commissioner of Labor.

(Signature of officer, with name of city,

town or county, and date.)
Okla. Stat. tit. 40, § 40-1-108 — OK Code / Title 40 / Section 40-1-108
Indian tribes or tribal units - Benefits - Contributions
Status: in_force

or payments - Extended benefits - Delinquencies - No waiver of

sovereign immunity.

A. The term "employer" shall include any Indian tribe for which

service in employment is performed, as defined in the Employment

Security Act of 1980.

B. The term "employment" shall include service performed in the

employ of an Indian tribe, as defined in the Federal Unemployment

Tax Act (FUTA), 26 U.S.C., Section 3306(u), provided such service is

excluded from "employment" as defined in FUTA solely by reason of 26

U.S.C., Section 3306(c)(7), and is not otherwise excluded from

employment under the Employment Security Act of 1980. For purposes

of this section, the exclusions from employment in subparagraphs (c)

and (e) of paragraph (7) of Section 1-210 of this title shall be

applicable to services performed in the employ of an Indian tribe.

C. The terms "Indian tribe" and "tribal unit" shall have the

meanings ascribed to them in federal law. "Tribal unit" includes

subdivisions, subsidiaries, and business enterprises wholly owned by

an Indian tribe.

D. Benefits based on service in employment defined in this

section shall be payable in the same amount, on the same terms, and

subject to the same conditions as benefits payable on the basis of

other service subject to the Employment Security Act of 1980,

provided wages used to establish the claim were paid during a time

in which the account of the Indian tribe for which services were

rendered was not terminated pursuant to subparagraph a of paragraph

1 of subsection F of this section.

E. 1. An Indian tribe or tribal unit subject to the Employment

Security Act of 1980 shall pay contributions under the same terms

and conditions as required of nongovernmental employers for profit

subject to the Employment Security Act of 1980 unless the tribe

elects to pay into the State Unemployment Compensation Fund amounts

equal to the amount of benefits attributable to service in the

employ of the Indian tribe.

2. An Indian tribe or tribal unit electing to make payments in

lieu of contributions shall so notify the Oklahoma Employment

Security Commission in writing before the last day of January of the

calendar year in which the tribe wishes to begin making

reimbursement payments. If the Commission determines the Indian

tribe is eligible to exercise its option, the Indian tribe shall be

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 of the Employment Security Act of 1980, including formation of

group accounts, and the proportionate allocation of benefit costs,

except that one hundred percent (100%) of the extended benefits

attributable to the Indian tribe shall be reimbursed. Indian tribes

Oklahoma Statutes - Title 40. Labor Page 16

shall determine whether reimbursement for benefits paid shall be

elected by the tribe as a whole, by individual tribal units, or by

combinations of individual tribal units. If any provision contained

in Part 8 of Article 3 of the Employment Security Act of 1980,

including the administrative rules implementing that Part,

contradicts a provision of this section, the provision of this

section shall control.

3. An Indian tribe or tribal unit shall be billed for the full

amount of benefits attributable to service in the employ of the

Indian tribe or tribal unit on the same schedule as other employing

units that have elected to make payments in lieu of contributions.

F. 1. a. If an Indian tribe or tribal unit thereof fails to

file the required reports and pay all late filing

penalties or fails to make required payments under the

Employment Security Act of 1980, including payment of

all interest, penalties, surcharges, or fees, a notice

of reporting or payment delinquency shall be mailed to

the Indian tribe at its last-known address. If the

delinquency is not corrected within ninety (90) days

of the date of mailing of the notice of delinquency,

the account of the Indian tribe shall be terminated

and notice of termination shall be mailed to the tribe

at its last-known address, together with a statement

of protest rights available pursuant to Section 3-115

of this title. If the account of an Indian tribe is

terminated pursuant to this subparagraph, the Indian

tribe shall not be considered an "employer" for

purposes of subsection A of this section, and services

performed for the Indian tribe shall not be considered

"employment" for purposes of subsection B of this

section.

b. The Oklahoma Employment Security Commission may

reinstate the account of any Indian tribe that loses

coverage under subparagraph a of this subsection if

the tribe pays all contributions, payments in lieu of

contributions, interest, penalties, surcharges, and

fees that are due and owing. Upon reinstatement, the

tribe shall again be considered an "employer" for

purposes of subsection A of this section and services

performed for the tribe shall again be considered

"employment" for purposes of subsection B of this

section.

2. a. Failure of an Indian tribe or tribal unit to make

required payments, including assessments of interest,

penalties, surcharges, and fees within ninety (90)

days of the due date for payment shall cause the

Indian tribe to lose the option to make payments in

Oklahoma Statutes - Title 40. Labor Page 17

lieu of contributions, as described in subsection E of

this section, for the following tax year unless

payment in full is received before January 31 of the

next tax year.

b. Any Indian tribe that loses the option to make

payments in lieu of contributions due to late payment

or nonpayment, as described in subparagraph a of this

paragraph, shall have the option reinstated if, after

a period of one (1) year, all contribution payments

have been timely made, provided no contributions,

payments in lieu of contributions for benefits paid,

interest, penalties, surcharges, or fees remain

outstanding.

G. The notice of payment or reporting delinquency to Indian

tribes or their tribal units, referred to in subparagraph a of

paragraph 1 of subsection F of this section, shall include

information that failure to make full payment and file required

reports within the prescribed time frame shall cause:

1. The Indian tribe to be liable for taxes under FUTA;

2. The Indian tribe to lose the option to make payments in lieu

of contributions;

3. The Indian tribe to be excepted from the definition of

"employer", as provided in subsection A of this section; and

4. Services performed in the employ of the Indian tribe to be

excepted from the definition of "employment", as provided in

subsection B of this section.

H. Extended benefits paid that are attributable to service in

the employ of an Indian tribe and not reimbursed by the United

States government shall be financed in their entirety by the Indian

tribe.

I. If an Indian tribe fails to make required payments under the

Employment Security Act of 1980, including the payment of all

interest, penalties, surcharges, and fees, within ninety (90) days

of the mailing of the notice of payment delinquency, the Oklahoma

Employment Security Commission shall immediately notify the United

States Internal Revenue Service and the United States Department of

Labor.

J. The provisions of subsections K and L of this section shall

provide a transition for the implementation of Section 166 of Public

Law 106-554 enacted by the Congress of the United States and

effective December 21, 2000, so that Indian tribes may qualify for

federal tax credits and employees of Indian tribes may be eligible

for benefits.

K. Any Indian tribe which did not have an active account with

the Oklahoma Employment Security Commission from January 1, 2001, to

the effective date of this section, but which desires to be covered

for benefits for that period of time, may elect to be subject to one

Oklahoma Statutes - Title 40. Labor Page 18

of the following, if the tribe notifies the Commission of the

election in writing:

1. To pay contributions. If the tribe elects to make payments

for contributions, interest or penalties shall not be assessed

against such tribe for the period from January 1, 2001, to the

effective date of this section if full payment for all contributions

due is made within twenty (20) days after an account is established

for the tribe; or

2. To make payments in lieu of contributions. If the tribe

elects to make payments in lieu of contributions, interest or

penalties shall not be assessed against such tribe for the period

from January 1, 2001, to the effective date of this section if all

reports that are due for that period are filed within twenty (20)

days after an account is established for the tribe.

L. Any Indian tribe which did not have an active account with

the Oklahoma Employment Security Commission from January 1, 2001, to

the effective date of this section and does not desire to be covered

for benefits for that period shall be covered by the provisions of

subsections A through I of this section. The coverage for any such

tribe shall be prospective only and shall not entitle any employee

of the tribe to benefits for any period prior to the effective date

of this section.

M. Indian tribes paying contributions prior to the date of this

section shall not be able to make an election to make payments in

lieu of contributions for the period from January 1, 2001, to the

effective date of this section. Any change in election shall be

prospective only.

N. Participation by any Indian tribe in the state unemployment

insurance system shall not operate as a waiver of the sovereign

immunity of the tribe.
Okla. Stat. tit. 40, § 40-1-202.1 — OK Code / Title 40 / Section 40-1-202.1
Extended Base Period
Status: in_force

EXTENDED BASE PERIOD.

If an individual lacks sufficient base period wages because of a

job-related injury for which the individual received total temporary

disability payments awarded by the Workers' Compensation Court, upon

written application by the claimant, an extended base period will be

substituted for the current base period on a quarter-by-quarter

basis as needed to establish a valid claim. Benefits paid on the

basis of an extended base period, which would not otherwise be

payable, shall be noncharged.
Okla. Stat. tit. 40, § 40-197.10 — OK Code / Title 40 / Section 40-197.10
Assignment of wage claim
Status: in_force

At the request of any employee who has been found by the

Commissioner to have been paid wages less than those to which such

employee is entitled, under or by virtue of this act, the

Commissioner shall take an assignment of such wage claim in trust

for the assigning employee and shall bring legal action necessary to

collect such claim; and if the Commissioner prevails in such action

the employer shall be liable to pay the Department of Labor double

the full amount of such wages, and the court costs. The

Commissioner shall not be required to pay a filing fee in connection

with any such action. The Commissioner in such an action shall be

represented by the Attorney General.
Okla. Stat. tit. 40, § 40-196.1 — OK Code / Title 40 / Section 40-196.1
Unconstitutional – Repealed
Status: repealed

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

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

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

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

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

2015.
Okla. Stat. tit. 40, § 40-3-304 — OK Code / Title 40 / Section 40-3-304
Refunds
Status: in_force

REFUNDS. If not later than three (3) years after the date on

which a specific report or return was required to be filed, an

employer, who has paid all amounts owing for that specific quarter,

may make application for an adjustment in connection with that

report or payment, or for a refund thereof because an adjustment

cannot be made, and if the Commission shall determine that payment

of the contributions, interest, penalty fees or any portion thereof

was erroneous, the Commission shall allow such employer to make an

adjustment thereof, without interest, in connection with subsequent

Oklahoma Statutes - Title 40. Labor Page 137

contribution payments by the employer, or if such adjustment cannot

be made, the Commission shall refund from the fund, without

interest, the amount erroneously paid. For like cause and within

the same period, adjustment or refund may be so made on the

Commission's own initiative.
Okla. Stat. tit. 40, § 40-72.1 — OK Code / Title 40 / Section 40-72.1
Occupations prohibited for children under sixteen
Status: in_force

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

or permitted to work at any of the following occupations:

1. Manufacturing, mining, or processing occupations, including

occupations requiring performance of any duties in work rooms or

work places where goods are manufactured, mined, or otherwise

processed;

2. Occupations which involve the operation or tending of

hoisting apparatus or of any power-driven machinery other than

office machines;

3. The operation of motor vehicles or service as helpers on

such vehicles;

4. Public messenger service;

5. Occupations declared to be particularly hazardous to the

health and well-being of minors under sixteen (16) years of age by

federal laws and regulations or as declared by the Commissioner of

Labor; and

6. Occupations, except office work or sales work, in connection

with:

a. transportation of persons or property by rail,

highway, air, water, pipeline or other means,

b. warehousing and storage,

c. communications and public utilities, and

d. construction including demolition and repair.

B. This section shall not apply to:

1. Children working either on farms or for parents or any

entity in which a parent owns an equity interest;

2. Children engaged in the sale or delivery of newspapers to

consumers; or

3. Children engaged in voluntary service for a charitable

organization recognized exempt under the Internal Revenue Code of

1986, as amended, Section 501(c), if the organization receives

written permission from a parent or legal guardian of any such

child.
Okla. Stat. tit. 40, § 40-5-203 — OK Code / Title 40 / Section 40-5-203
Criminal actions
Status: in_force

CRIMINAL ACTIONS. All criminal actions for violation of any

provisions of this act, or of any rules or regulations issued

pursuant thereto, shall be prosecuted by the Attorney General of the

state, or by the prosecuting attorney of any county in which the

employing unit has a place of business or the violator resides.
Okla. Stat. tit. 40, § 40-4-803 — OK Code / Title 40 / Section 40-4-803
Moneys to be paid into the Employment Security
Status: in_force

Administration.

MONEYS TO BE PAID INTO THE EMPLOYMENT SECURITY ADMINISTRATION

FUND. All moneys received by this state under the Wagner-Peyser Act

shall be paid into the Employment Security Administration Fund and

shall be expended solely for the maintenance of the state system of

public employment offices.
Okla. Stat. tit. 40, § 40-1-202B — OK Code / Title 40 / Section 40-1-202B
Renumbered as § 1-202.2 of this title by Laws 2006, c
Status: in_force

176, § 29, eff. July 1, 2006.
Okla. Stat. tit. 40, § 40-3-203 — OK Code / Title 40 / Section 40-3-203
Election by employer
Status: in_force

ELECTION BY EMPLOYER.

A. An employing unit, not otherwise subject to the Employment

Security Act of 1980, which files with the Oklahoma Employment

Security Commission its written election to become an employer

subject hereto for not less than two (2) calendar years shall, with

the written approval of the election by the Commission, become an

employer subject hereto to the same extent as all other employers,

as of the date stated in the approval, and shall cease to be subject

Oklahoma Statutes - Title 40. Labor Page 134

hereto as of January 1 of any calendar year subsequent to the two

(2) required calendar years, only if during January of that year it

has filed with the Commission a written application for termination

of coverage as provided in this section.

B. Any employing unit for which services that do not constitute

employment as defined in the Employment Security Act of 1980 are

performed may file with the Commission a written election that all

such services with respect to which payments are not required under

an employment security law of any other state or of the federal

government and which are performed by individuals in its employ in

one or more distinct establishments or places of business shall be

deemed to constitute employment by an employer for all the purposes

of the Employment Security Act of 1980 for not less than two (2)

calendar years. Upon the written approval of the election by the

Commission, the services shall be deemed to constitute employment

subject to the Employment Security Act of 1980 from and after the

date stated in the approval. The services shall cease to be deemed

employment subject hereto as of January 1 of any calendar year

subsequent to the two (2) required calendar years, only if during

January of that year the employing unit has filed with the

Commission a written application for termination of the coverage.

C. The Commission may terminate the election of an employer or

employing unit made pursuant to subsection A or B of this section at

any time the Commission determines that the employer or employing

unit is not abiding by all requirements of the Employment Security

Act of 1980 and the rules for the administration of that act, or if

the employer or employing unit that has made an election for

coverage becomes delinquent in the payment of its unemployment tax

contributions, interest, penalties or fees.

D. If the Commission makes a determination that an application

of an employer or employing unit submitted under subsections A or B

of this section should be denied, or that a voluntary election

should be terminated under subsection C of this section, the

Commission shall notify the affected employer or employing unit in

writing. The notification of the determination shall be delivered

to the employer, or mailed to the employer's last-known address.

E. A determination made under this section may be appealed

pursuant to the provisions of Section 3-115 of this title.
Okla. Stat. tit. 40, § 40-556 — OK Code / Title 40 / Section 40-556
Time of employer testing - Payment of costs
Status: in_force

Any drug or alcohol testing by an employer shall be deemed work

time for purposes of compensation and benefits for current

employees.

An employer shall pay all costs of testing for drugs or alcohol

required by the employer. Provided, however, if an employee or

applicant requests a confirmation test of a sample within twenty-

four (24) hours of receiving notice of a positive test in order to

challenge the results of a positive test, the employee or applicant

shall pay all costs of the confirmation test, unless the

confirmation test reverses the findings of the challenged positive

test. In such case, the employer shall reimburse the individual for

the costs of the confirmation test.
Okla. Stat. tit. 40, § 40-469 — OK Code / Title 40 / Section 40-469
Violations - Penalties
Status: in_force

A. Any violation of the provisions of Sections 460 through 468

of this title shall be a misdemeanor. Conviction thereof shall be

punished by a fine not exceeding One Thousand Dollars ($1,000.00) or

by not more than one (1) year in the county jail, or both such fine

and imprisonment. Each day of violation shall constitute a separate

offense.

B. The Commissioner of Labor may promulgate rules establishing

a schedule of administrative penalties and fines for violations of

Sections 460 through 468 of this title which may be in addition to

or in lieu of the criminal penalties provided in this section. The

promulgation of an administrative fine schedule shall grant the

Commissioner authority to impose those administrative fines for any

violation of Sections 460 through 468 of this title. Funds

collected as payment from a violator for administrative fines

imposed for a violation of Sections 463 through 468 of this title

shall be deposited to the Department of Labor Administrative Penalty

Revolving Fund created in Section 2 of this act.
Okla. Stat. tit. 40, § 40-198.2 — OK Code / Title 40 / Section 40-198.2
Enforcement - Penalties
Status: in_force

Oklahoma Statutes - Title 40. Labor Page 272

It shall be the duty of the Commissioner of Labor to enforce the

provisions of this act. Whenever the Commissioner is informed of

any violations thereof, it shall be his duty to investigate same

and, in his discretion, said Commissioner is hereby authorized to

institute proceedings for the enforcement of penalties herein

provided before any court of competent jurisdiction. Any employer

who violates the provisions of this act shall be deemed guilty of a

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

of not less than Twenty-five Dollars ($25.00) nor more than One

Hundred Dollars ($100.00).
Okla. Stat. tit. 40, § 40-4-301 — OK Code / Title 40 / Section 40-4-301
Applicability
Status: in_force

APPLICABILITY. This part shall apply to the powers and duties

of the Commission.
Okla. Stat. tit. 40, § 40-701 — OK Code / Title 40 / Section 40-701
Contract between minor and union
Status: in_force

A. Except as provided by subsection B of this section, any

contract or agreement between a minor and a union is not a valid

contract or agreement and shall be null and void for any purpose

including, but not limited to, official recognition by a union for

purposes of intent or interest by a minor to join, vote, or consent

to any action of the union.

B. Any contract or agreement between a minor and a union shall

be signed and adjoined by the parent or legal guardian of the minor.

The minor, or parent or legal guardian of the minor, shall have the

right to rescind the contract or agreement within ninety (90) days

of the date of the contract or agreement.

Oklahoma Statutes - Title 40. Labor Page 332

C. Any funds received by a union in an attempt to contractually

obligate a minor, without meeting the provisions set forth in

subsection B of this section, shall be fully refunded to the minor

within thirty (30) days after receipt of written notice from the

minor, or parent or legal guardian of the minor. If the full amount

of funds received by the union has not been refunded to the minor,

or parent or legal guardian of the minor within thirty (30) days,

the full amount of funds due shall double each successive thirty-

day-period until such refund is made in full to the minor, or parent

or legal guardian of the minor.
Okla. Stat. tit. 40, § 40-71 — OK Code / Title 40 / Section 40-71
Restrictions on employment of children under sixteen
Status: in_force

No child under the age of sixteen (16) shall be permitted to

work in any occupation or in any establishment other than those

occupations permitted by the "Fair Labor Standards Act of 1938", as

amended, 29 U.S.C., Sections 201 through 219, and any regulations

related thereto.

It shall be the duty of the Commissioner of Labor upon

investigation by himself or the agents of his department, or upon

the complaint of the Board of Health, to determine what occupations

are injurious to health or morals or especially hazardous to life or

limb, and to notify employers in such occupations of his decision,

which decision shall be final until such occupations shall be

Oklahoma Statutes - Title 40. Labor Page 201

defined by law or by final judgment in a court of competent

jurisdiction as safe for health, morals, life or limb.
Okla. Stat. tit. 40, § 40-4-202 — OK Code / Title 40 / Section 40-4-202
Creation
Status: in_force

CREATION. There shall be created at such time as is necessary

for the proper administration of this act a Board of Review,

consisting of three members appointed by the Governor for terms of

six (6) years, except that the terms of the members first taking

office shall be two (2), four (4) and six (6) years, respectively,

as designated by the Governor at the time of appointment, and except

that vacancies shall be filled by appointment by the Governor for

the unexpired term.
Okla. Stat. tit. 40, § 40-197.2 — OK Code / Title 40 / Section 40-197.2
Minimum wages established
Status: in_force

It shall be unlawful to employ workers in any industry or

occupation within the State of Oklahoma under conditions of labor

detrimental to their health or morals and it shall be unlawful to

employ workers in any industry within the State of Oklahoma at wages

which are not adequate for their maintenance. Except as otherwise

provided in the Oklahoma Minimum Wage Act, no employer within the

State of Oklahoma shall pay any employee a wage of less than the

current federal minimum wage for all hours worked.
Okla. Stat. tit. 40, § 40-4-312 — OK Code / Title 40 / Section 40-4-312
Personnel and compensation
Status: in_force

PERSONNEL AND COMPENSATION.

Subject to other provisions of Section 1-101 et seq. of this

title, the Oklahoma Employment Security Commission is authorized to

appoint, fix the compensation and prescribe the duties and powers of

such officers, accountants, attorneys, experts and other persons as

may be necessary in the performance of its duties under Section 1-

101 et seq. of this title. The Commission is authorized and

directed to maintain the existing merit system covering all persons

employed in the administration of this act and shall have authority,

by rule, to provide for all matters which are appropriate to the

establishment and maintenance of a merit system on the basis of

efficiency and fitness. The Commission is authorized to adopt rules

as may be necessary to meet personnel standards pursuant to the

Social Security Act, as amended, and the Act of Congress entitled

"An Act to provide for the establishment of a national employment

system, and for other purposes", approved June 6, 1933, as amended.
Okla. Stat. tit. 40, § 40-452 — OK Code / Title 40 / Section 40-452
License required - Fee - Exemptions
Status: in_force

A. No contractor shall abate any friable material containing

asbestos without having first obtained a license to do so from the

Commissioner of Labor. The Commissioner shall issue an asbestos

abatement license to a qualified contractor upon proper application,

as determined by the Commissioner. The Commissioner of Labor may

promulgate rules establishing a schedule of administrative fees for

the application, licensing, examination, certification of asbestos

abatement contractors and workers employed by a contractor for

asbestos abatement, as well as a fee to be paid by contractors to

the Department of Labor for each separate containment area,

glovebag, or miniature containment area of any asbestos abatement

project. The fees stated in this section on the effective date of

this act shall remain in effect until such rules become effective,

at which time the fees stated in this section shall be superseded by

rule. The annual fee for such license shall be Five Hundred Dollars

($500.00). The fee shall be deposited into the Department of Labor

Revolving Fund. A nonrefundable initial application fee of One

Thousand Dollars ($1,000.00) shall be charged and deposited into the

Department of Labor Revolving Fund. The Commissioner may deny a

license to applicants whose past abatement performance for abatement

of friable asbestos does not comply with federal and other states'

requirements. A minimum waiting period shall be established at the

discretion of the Commissioner of Labor and will be required before

issuance of a license to permit the Commissioner to perform a work

performance investigation of the applicant.

Oklahoma Statutes - Title 40. Labor Page 291

The annual fee for examining and certifying workers employed by

a contractor for asbestos abatement shall be Twenty-five Dollars

($25.00). The fee shall be deposited in the Department of Labor

Revolving Fund. Uncertified workers shall not be used on any

asbestos abatement projects.

B. The state and political subdivisions thereof, counties and

political subdivisions thereof and municipalities and political

subdivisions thereof, and their supervisors and employees, shall not

be exempt from any certification fees required by this section when

such entities act as a contractor.

C. A fee of Six Hundred Dollars ($600.00) shall be paid by

contractors to the Department of Labor for each separate containment

area of any asbestos abatement project. The fee collected shall be

deposited by the Department of Labor into the Department of Labor

Revolving Fund. There shall be a minimum number of inspections of

each containment area as deemed necessary by the Commissioner of

Labor. For projects which are not a part of a definite containment

area, or are performed with multiple glovebags or miniature

containments, a fee of Two Hundred Dollars ($200.00), plus Five

Dollars ($5.00) per such glovebag or miniature containment, shall be

paid to the Department of Labor for deposit into the Department of

Labor Revolving Fund.

Asbestos abatement projects performed on properties owned by the

state or any political subdivision thereof shall not be exempt from

this fee.

D. Any asbestos abatement contractor transporting asbestos-

containing material shall be required to provide to the Commissioner

a Certificate of Insurance by a carrier licensed to do business in

the State of Oklahoma demonstrating a minimum of One Million Dollars

($1,000,000.00) of environmental impairment insurance.

E. No state agency or political subdivision thereof, county or

political subdivision thereof, or municipalities or political

subdivisions thereof shall solicit or receive any estimate or bid

for abatement of asbestos from any person or party who is not a

licensed asbestos abatement contractor.
Okla. Stat. tit. 40, § 40-4-316 — OK Code / Title 40 / Section 40-4-316
Purchase of real property
Status: in_force

PURCHASE OF REAL PROPERTY. If the Commission determines, to its

satisfaction, that suitable quarters, office space or facilities are

not readily obtainable, the Commission may enter into an agreement

with the board of county commissioners of any county, with any state

agency or public trust, or with any private person or entity, for

the purchase of real property and any improvements or buildings

thereon, for the purpose of providing office space to the

Commission. The Commission shall not enter into any agreement under

the provisions of this section unless one hundred percent (100%)

federal financial participation is obtainable. All such agreements

shall contain provisions regarding the financial participation

therein by the parties to the agreement, the payments made for the

purchase of such property, and the ownership of such real property,

improvements and buildings thereon after payment of the cost of

construction or renovation has been completed. All such provisions

shall be consistent with the requirements necessary for the

Commission to obtain or receive federal funds for such purpose. No

purchase of any building shall occur without approval of the

Legislature.
Okla. Stat. tit. 40, § 40-2-419 — OK Code / Title 40 / Section 40-2-419
Acceptance of accelerated buyout of employment contract
Status: in_force

- Definition.

An individual shall be disqualified for unemployment benefits if

that individual has accepted an accelerated buyout of a written

employment contract from the employer. Disqualification under this

section shall continue for the full period of unemployment next

ensuing after the individual has accepted the contract buyout

connected with the work of the individual and until such individual

has become reemployed and has earned wages equal to or in excess of

ten times the weekly benefit amount of the individual.

For purposes of this section, “accelerated buyout” shall mean a

purchase of the remaining terms of a written employment contract in

a single payment of One Hundred Thousand Dollars ($100,000.00) or

more.
Okla. Stat. tit. 40, § 40-2-601 — OK Code / Title 40 / Section 40-2-601
Applicability
Status: in_force

APPLICABILITY. This part applies to appeals from determinations

of the Commission or its representatives to its appeals tribunal, to

appeals from decisions of its appeals tribunal to the Board of

Review and to judicial review of decisions of the Board of Review.
Okla. Stat. tit. 40, § 40-3-605 — OK Code / Title 40 / Section 40-3-605
Unemployment trust fund
Status: in_force

UNEMPLOYMENT TRUST FUND. After clearance thereof, all other

moneys in the clearing account shall be immediately deposited with

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

credit of the account of this state in the unemployment trust fund,

established and maintained pursuant to Section 904 of the Social

Security Act, as amended, any provisions of law in this state

relating to the deposit, administration, release or disbursement of

moneys in the possession or custody of this state to the contrary

notwithstanding.
Okla. Stat. tit. 40, § 40-196.4 — OK Code / Title 40 / Section 40-196.4
Unconstitutional – Repealed
Status: repealed

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

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

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

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

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

2015.
Okla. Stat. tit. 40, § 40-197.8 — OK Code / Title 40 / Section 40-197.8
Findings - Payment of amount due
Status: in_force

The Commissioner, after investigation, shall promptly make his

finding in writing as to whether or not additional wages are due the

employee. If the Commissioner finds that additional wages are due,

ten percent (10%) of such amount due shall be added as penalty for

such wage deficiency. The Commissioner shall mail said findings to

the employer and to the employee by certified mail. Payment by the

employer and acceptance by the employee of the amount so determined

by the Commissioner shall absolve the employer of any further

liability to the employee with respect to wages claimed by the

employee for the period he was employed by the employer.
Okla. Stat. tit. 40, § 40-141.9 — OK Code / Title 40 / Section 40-141.9
Certificates of competency designating special
Status: in_force

inspectors and owner-user inspectors of boiler and pressure vessels

– Exemption from liability.

A. 1. Certificates of competency designating special

inspectors of boilers and pressure vessels shall be issued by the

Commissioner upon request of any authorized inspection agency, which

has been licensed or registered by the appropriate authority of this

state. All such authorized inspection agencies shall provide boiler

and pressure vessel insurance coverage and be actively engaged in

writing this type coverage in this state.

2. Before receiving a certificate of competency, each inspector

shall receive a passing grade on the examination provided for by

Section 141.10 of this title, or shall hold a commission or

certificate of competency as an inspector of boilers or pressure

vessels from a state that has a standard of examination equal to

that of this state, or a commission as an inspector of boilers and

pressure vessels issued by the National Board of Boiler and Pressure

Vessel Inspectors.

3. Special inspectors shall not receive any salary or expenses

from this state, and a certificate of competency shall be valid only

as long as such special inspectors are in full-time employment of an

authorized inspection agency.

4. Special inspectors may inspect all boilers and pressure

vessels insured by their respective authorized inspection agency.

5. The inspections required pursuant to the Boiler and Pressure

Vessel Safety Act that are conducted incidental to the issuance or

renewal of boiler and machinery insurance shall not subject an

insurer, whether domestic or foreign, its agents or its employees to

liability for damages for any act or omission in the course of

performing inspections as provided by this section. This section

shall not apply if the gross negligence of the insurer, its agent or

its employee created the condition that was the proximate cause of

the injury, death or loss.

6. The insurance company shall apply on or before January 31 of

each year for renewal of certificates of competency for each special

Oklahoma Statutes - Title 40. Labor Page 218

inspector employed who inspects boilers and pressure vessels insured

in this state. The fee must accompany application.

B. 1. Certificates of competency designating owner-user

inspectors of boilers or pressure vessels or both shall be issued by

the Commissioner upon request of any company operating boilers or

pressure vessels or both in this state. The owner-user shall

maintain a regularly established inspection department which is

under the supervision of one or more technically competent

individuals whose qualifications and whose organization and

inspection procedures are in accordance with paragraph 4 of

subsection A of Section 141.3 of this title and acceptable to the

Commissioner of Labor. Boilers and pressure vessels shall be

inspected regularly and in accordance with applicable provisions of

the rules and regulations adopted by the Commissioner pursuant to

this act.

2. Before receiving a certificate of competency, each inspector

shall attain a passing grade on the examination provided for by

Section 141.10 of this title, or shall hold a certificate of

competency as an inspector from a state that has a standard of

examination equal to that of this state, or who holds a valid

commission issued in accordance with the constitution and bylaws of

the National Board of Boiler and Pressure Vessel Inspectors.

3. A certificate of competency as an owner-user inspector shall

be issued only if, in addition to meeting the requirements in

paragraph 2 of this subsection, the inspector is continuously

employed by the company and is responsible for making inspection of

boilers and pressure vessels used by such company.

4. Owner-user inspectors shall not receive any salary or

expenses from this state and a certificate of competency shall be

valid only as long as such owner-user inspector is employed full

time by a qualified owner-user inspection agency, in accordance with

the applicable provisions of the rules and regulations adopted

pursuant to this act.

5. The owner-user inspection agency will apply on or before

January 31 of each year for renewal of competency for each owner-

user inspector employed in this state. The fee must accompany

application.

6. Such owner-user inspectors may inspect all pressure vessels

operated by their respective companies and, when so inspected, the

owners and users of such pressure vessels shall be exempt from the

payment to the state of the inspection fees provided for in Section

141.16 of this title.
Okla. Stat. tit. 40, § 40-4-607 — OK Code / Title 40 / Section 40-4-607
Reimbursement of fund
Status: in_force

REIMBURSEMENT OF FUND. This state recognizes its obligation to

replace, and hereby pledges the faith of this state that funds will

be provided in the future, and applied to the replacement of any

moneys received after July 1, 1941, from the Secretary of Labor

under Title III of the Social Security Act, any unencumbered

balances in the Employment Security Administration Fund as of that

date, any moneys thereafter granted to this state pursuant to the

Oklahoma Statutes - Title 40. Labor Page 180

provisions of the Wagner-Peyser Act, and any moneys made available

by the state or its political subdivisions and matched by such

moneys granted to this state pursuant to the provisions of the

Wagner-Peyser Act, which the Secretary of Labor finds have, because

of any action or contingency, been lost or have been expended for

purposes other than, or in amounts in excess of, those found

necessary by the Secretary of Labor for the proper administration of

this act. Such moneys shall be promptly replaced by moneys

appropriated for such purpose from the general funds of this state

to the Employment Security Administration Fund for expenditures as

provided in this Part. The Commission shall promptly report to the

Governor, and the Governor to the Legislature, the amount required

for such replacement. This section shall not be construed to

relieve this state of its obligation with respect to funds received

prior to July 1, 1941, pursuant to the provisions of Title III of

the Social Security Act.
Okla. Stat. tit. 40, § 40-2-615 — OK Code / Title 40 / Section 40-2-615
Waiver of interest
Status: in_force

Any interest, or any portion thereof, that accrues pursuant to

the provisions of Section 2-613 of Title 40 of the Oklahoma

Statutes, may be waived by the Oklahoma Employment Security

Commission provided the failure of the claimant to remit payment at

the time a determination of overpayment was made:

1. Is explained to the satisfaction of the Commission;

2. Resulted from a mistake by the claimant of either the law or

the facts concerning the repayment of overpayment benefits; or

3. Was caused by insolvency of the claimant.

No waiver of interest shall be granted unless a request for waiver

is filed with the Commission within a three-year period from the

date the interest accrued. No waiver of interest shall be granted

to a claimant if it is determined that the claimant received an

overpayment of benefits through fraud.

Oklahoma Statutes - Title 40. Labor Page 89
Okla. Stat. tit. 40, § 40-2-304 — OK Code / Title 40 / Section 40-2-304
Deduction of health insurance premiums
Status: in_force

Notwithstanding the provisions of Sections 2-301 and 2-303 of

Title 40 of the Oklahoma Statutes, nothing shall be construed to

prohibit the deduction of an amount from unemployment compensation

otherwise payable to an individual to pay for health insurance

Oklahoma Statutes - Title 40. Labor Page 62

premiums if such individual elected to have such deduction made and

such deduction is made under a program approved by the United States

Secretary of Labor. For purposes of this section, the term

"premium" shall only include the sum of money agreed to be paid by

the insured individual to the underwriter as consideration for the

insurance.
Okla. Stat. tit. 40, § 40-197.14 — OK Code / Title 40 / Section 40-197.14
Penalty for failure to post notice
Status: in_force

Oklahoma Statutes - Title 40. Labor Page 271

Any employer failing to post the notice required by Section 6 of

this act shall be punished by a fine of not to exceed Twenty-five

Dollars ($25.00), and each week he fails to post such notice shall

constitute a separate offense.
Okla. Stat. tit. 40, § 40-196.12 — OK Code / Title 40 / Section 40-196.12
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, § 40-5-108 — OK Code / Title 40 / Section 40-5-108
Other penalties in this act
Status: in_force

OTHER PENALTIES IN THIS ACT.

Other penalties are provided in the following sections of this

title:

Employer violations of employee rights - Section 2-301

Impermissible charges to claimants - Section 2-302

Disqualification of benefit claims for fraud - Section 2-402

Recovery of benefits paid upon false statement - Section 2-613

SUTA dumping prohibition - Section 3-111.1

Fraud overpayment penalty – Section 2-613
Okla. Stat. tit. 40, § 40-460.2 — OK Code / Title 40 / Section 40-460.2
Rules regarding amusement ride maintenance, inspection,
Status: in_force

and repair records.

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

Oklahoma Statutes - Title 40. Labor Page 295

the protection of the general public using amusement rides, the

Commissioner of Labor shall promulgate rules regarding amusement

ride maintenance, inspection, and repair records.

B. Rules promulgated pursuant to subsection A of this section

shall include the following language:

The owner of an amusement ride shall maintain up-to-date

maintenance, inspection, and repair records between inspection

periods for each amusement ride in the manner provided by the

Commissioner of Labor. The records shall contain a copy of all

inspection reports commencing with the last annual inspection, a

description of all maintenance performed, and a description of any

mechanical or structural failures or operational breakdowns and the

types of actions taken to rectify these conditions.
Okla. Stat. tit. 40, § 40-2-504 — OK Code / Title 40 / Section 40-2-504
Determinations of benefits
Status: in_force

A. DETERMINATIONS OF BENEFITS. A determination upon a claim

for benefits shall be made promptly by a representative of the

Oklahoma Employment Security Commission. It shall include a

statement as to whether, and in what amount claimant is entitled to

benefits for the week with respect to which the determination is

made. In the event the claimant is determined to be ineligible for

or disqualified from benefits under Part 2 or Part 4 of this

Article, the determination shall state the reasons therefor. The

initial determination in a benefit year shall include a statement as

to whether the claimant has been paid the wages required under this

act, and if so, the beginning and ending dates of the benefit year,

Oklahoma Statutes - Title 40. Labor Page 79

the weekly benefit amount, and the maximum total amount of benefits

payable to him or her with respect to such benefit year.

B. The Commission shall do the following to verify the

eligibility of an initial claim for benefits before paying benefits

to that claim:

1. Require the claimant to submit proof of identity prior to

his or her claim by using an identity verification source or service

offered by the Commission to verify the identity of all claimants;

and

2. To prevent and detect fraudulent activity, eligibility of

claims will be verified using a diverse set of data deemed

beneficial by the Commission, including but not limited to IP

addresses and various other demographic data.

C. The Commission shall investigate any information that may

indicate claimant ineligibility prior to paying benefits for the

week in which the information was identified and any subsequent

week. The Commission may cross-check all claims against any data

sets deemed beneficial by the Commission in order to verify

eligibility for benefits, including but not limited to:

1. The National Association of State Workforce Agencies'

Integrity Data Hub;

2. The United States Department of Health and Human Services

National Directory of New Hires;

3. The state directory of new hires;

4. Any inmate database maintained by the Oklahoma Department of

Corrections;

5. The Social Security Administration's Prisoner Update

Processing System;

6. The Centers for Disease Control and Prevention's National

Vital Statistics System's Death Record Database;

7. Death records maintained by the Oklahoma Department of

Health; and

8. The U.S. Citizenship and Immigration Services' Systematic

Alien Verification for Entitlements (SAVE) database.
Okla. Stat. tit. 40, § 40-142.11 — OK Code / Title 40 / Section 40-142.11
Alternative Fuels Technician Examiners - Complaints -
Status: in_force

fraudulent representation - Suspension or revocation of certificate – Administrative hearing –Investigations - False or fraudulent representation - Suspension or

revocation of certificate – Administrative hearing – Record of

action – Reversal of revocation.

A. The Commissioner of Labor or designee may suspend or revoke

any license, certificate or registration for cause upon

recommendation of the Committee of Alternative Fuels Technician

Examiners and shall comply with the provisions of the Administrative

Procedures Act.

B. The Commissioner of Labor or designee may, upon the motion

of the Commissioner or designee, and shall, upon written complaint

filed by any person, investigate the business transactions of any

certified alternative fuels equipment or compression technician, or

electric vehicle technician. The results of the investigation may

be presented to the Committee and the Committee may recommend

suspension or revocation of the license, certificate or

registration. The Commissioner of Labor or designee shall suspend

Oklahoma Statutes - Title 40. Labor Page 238

or revoke any certificate or registration obtained by false or

fraudulent representation. The Commissioner of Labor or designee

shall also suspend or revoke any certificate or registration for any

of the following:

1. Making a material misstatement in the application for a

certificate or registration, or the renewal of a certificate or

registration;

2. Loaning or illegally using a certificate;

3. Demonstrating incompetence to act as an alternative fuels

equipment technician, alternative fuels compression technician, or

electric vehicle technician;

4. Violating any provisions of the Alternative Fuels Technician

Certification Act, or any rule or order prescribed by the Department

of Labor; or

5. Willfully failing to perform normal business obligations

without justifiable cause.

Any person whose alternative fuels equipment technician

certificate, alternative fuels compression technician certificate,

or electric vehicle technician certificate has been revoked by the

Commissioner of Labor or designee may apply for a new certificate

one (1) year from the date of such revocation.

C. Before final action under subsections A and B of this

section, the Committee shall provide thirty (30) days written notice

to the applicant or licensee involved of the intended action and

give sufficient opportunity for the person to request an

administrative hearing and to be represented by an attorney. If

requested, a hearing shall be scheduled by the Commissioner as

provided in the Administrative Procedures Act.

D. In the event the Commissioner denies the application for, or

revokes or suspends, any certificate or imposes any reprimand, a

record of the action shall be in writing and officially signed by

the Commissioner. The original copy shall be filed with the

Department of Labor and a copy mailed to the affected applicant or

licensee within two (2) days of the final action taken by the

Commissioner.

E. Notice of the suspension or revocation of any license shall

be made public record.

F. A suspended certificate shall be subject to expiration and

may be renewed as provided by the Alternative Fuels Technician

Certification Act, regardless of the term of suspension. A renewal

of a suspended certificate shall not remove the suspension term.

G. Except as otherwise provided, a revoked certificate

terminates on the date of revocation and cannot be reinstated. The

Commissioner may reverse the revocation action. Any licensee whose

certificate is revoked may apply for a new certificate. The

licensee shall meet all requirements for a certificate as stated in

the Alternative Fuels Technician Certification Act. The Committee

Oklahoma Statutes - Title 40. Labor Page 239

may recommend issuance or denial of a new certificate. In

determining whether to issue or deny a new certificate, the

Committee shall consider, but not be limited to, the nature,

circumstances, and gravity of the violation or violations leading to

revocation, 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, and whether the

applicant has demonstrated good moral character.
Okla. Stat. tit. 40, § 40-2-105 — OK Code / Title 40 / Section 40-2-105
Wages subtracted from benefit amount
Status: in_force

WAGES SUBTRACTED FROM BENEFIT AMOUNT.

Oklahoma Statutes - Title 40. Labor Page 50

Each eligible individual who is unemployed with respect to any

week ending after July 1, 1994, shall be paid with respect to such

week a benefit in an amount equal to the weekly benefit amount of

the individual less that part of the wages, if any, payable to the

individual with respect to such week which is in excess of One

Hundred Dollars ($100.00). Each individual claiming benefits shall

report all wages that the individual has been or will be paid for

work performed during any week in which the individual claims

unemployment benefits, regardless of the source or amount.
Okla. Stat. tit. 40, § 40-2-302 — OK Code / Title 40 / Section 40-2-302
Fee - No charge by Commission or its employees - Counsel fee subject to approval -
Status: in_force

Oklahoma Statutes - Title 40. Labor Page 2fee subject to approval - Choice of representative.

A. No individual claiming benefits shall be charged fees or

costs of any kind in any proceeding under this act by the Board of

Review, the Commission, or its representatives, or by any court or

any officer thereof, except that a court may assess costs against

the claimant or employer if the court determines that the

proceedings for judicial review have been instituted or continued

without reasonable grounds. Any individual claiming benefits in any

proceeding before the Commission or the Board of Review or its

representatives or a court may be represented by counsel but no such

counsel shall either charge or receive for such services more than

an amount approved by the Board of Review. Any person who violates

Oklahoma Statutes - Title 40. Labor Page 61

any provision of this section shall, for each such offense, be fined

not less than Fifty Dollars ($50.00) nor more than Five Hundred

Dollars ($500.00), or imprisoned for not more than six (6) months,

or both such fine and imprisonment.

B. Parties to any proceeding before the Commission or Board of

Review may be represented in that proceeding by the individual of

his or her choice regardless of whether or not that individual is an

attorney duly licensed to practice law by the Supreme Court of the

State of Oklahoma. Parties to any proceeding before a court of

record of this state may appear pro se or the party must be

represented by an attorney duly licensed to practice law by the

Supreme Court of this state.
Okla. Stat. tit. 40, § 40-61 — OK Code / Title 40 / Section 40-61
Disclosure of information by employer - Presumption of good
Status: in_force

faith - Immunity from liability.

A. An employer may disclose information about a current or

former employee's job performance to a prospective employer of the

current or former employee upon request of the prospective employer

and with consent of the current or former employee, or upon request

of the current or former employee. A state agency, as defined in

Section 840-2.5 of Title 74 of the Oklahoma Statutes, may disclose

information regarding a current or former employee's job performance

to another state agency which is a prospective employer of the

current or former employee without the employee's consent. The

employer is presumed to be acting in good faith, unless lack of good

faith is shown by a preponderance of the evidence. The current or

former employer shall be immune from civil liability for the

disclosure or any consequences of such disclosure unless the

presumption of good faith is rebutted upon a showing that the

information disclosed by the current or former employer was false

and the employer providing the information had knowledge of its

falsity or acted with malice or reckless disregard for the truth.

B. The provisions of this section shall apply to any employee,

agent, or other representative of the current or former employer,

including a state agency, who is authorized to provide and who

provides information in accordance with the provisions of this

section.

C. Failure to comply with any provision of this section shall

not give rise to any liability or causes of action which did not

exist prior to July 1, 1995. This section shall only apply to

causes of action accruing on and after July 1, 1995.
Okla. Stat. tit. 40, § 40-2-723 — OK Code / Title 40 / Section 40-2-723
Overpayments, restitution, offset, and recoupment
Status: in_force

OVERPAYMENTS, RESTITUTION AND OFFSET. The provisions of this

act applicable to recovery of overpayments, including restitution,

offset, and recoupment shall apply to overpayments of extended

benefits. If there is recovery of extended benefits, that

proportion of the amount restored or offset which represents the

federal share of the original payments shall be restored to the

appropriate federal account.
Okla. Stat. tit. 40, § 40-461 — OK Code / Title 40 / Section 40-461
Definitions
Status: in_force

As used in Sections 460 through 473 of this title:

1. "Amusement ride" means a device or combination of devices or

elements that carry, convey, or direct a person or persons over or

through a fixed or restricted course or within a defined area for

the primary purpose of amusement or entertainment. Amusement ride

includes any amusement park device that uses water as the means of

transportation, including the structure of the device. Amusement

ride does not include the operation of articles of husbandry

incidental to any agricultural operation or the operation of

Oklahoma Statutes - Title 40. Labor Page 298

amusement devices of a permanent nature which are subject to

building regulations issued by cities or counties and existing

applicable safety orders. Amusement ride shall be divided into the

following four categories:

a. "permanent amusement device" means a device which is

used, or intended to be used, as an amusement device

that is erected to remain a lasting part of the

premises,

b. "temporary amusement device" means a device which is

used as an amusement device that is regularly

relocated with or without disassembly,

c. "inflatable amusement device" means an inflatable

amusement device as defined in Section 472 of this

title, and

d. "other amusement device" means amusement devices

registered with the Department of Labor that have

proof of insurance.

The Commissioner of Labor may, by administrative regulation,

designate other rides and attractions that are not included in the

definition of amusement ride;

2. "Operator" or "owner" means a person who owns or controls or

has the duty to control the operation of an amusement ride and

includes the state and every state agency, and each county, city and

all private or public corporations and political subdivisions;

3. "Certificate of inspection" means a certificate issued by

the Commissioner of Labor which indicates that an inspection of the

ride has been performed pursuant to rules and regulations adopted by

the Department of Labor; and

4. "Permanent amusement park ride" means an amusement ride

which is stationary or cannot be easily moved and which is located

on the same premises on which it is operated for no less than ninety

(90) days.
Okla. Stat. tit. 40, § 40-2-501 — OK Code / Title 40 / Section 40-2-501
Applicability
Status: in_force

APPLICABILITY. This part applies to procedures for benefits.
Okla. Stat. tit. 40, § 40-2-505 — OK Code / Title 40 / Section 40-2-505
Determinations in labor dispute cases
Status: in_force

DETERMINATIONS IN LABOR DISPUTE CASES. Whenever any claim

involves the application of the provisions of Section 2-410, the

representative of the Commission first considering the claim shall,

if so directed by the Commission, promptly transmit such claim and

all filed objections thereto to an appeal tribunal which shall make

a determination upon the issues involved under that section. Such

appeal tribunal shall make the determination thereon after affording

the claimant and each employer who filed an objection an opportunity

for a hearing in accordance with the provisions of this section with

Oklahoma Statutes - Title 40. Labor Page 80

respect to hearings and determinations of appeal tribunals. The

parties shall be promptly notified of the determination, together

with the reasons therefor. Such determination shall be the final

decision on the claim, unless, within ten (10) days after the

mailing of notice to a party's last-known address, appeal is filed

with the Board of Review.
Okla. Stat. tit. 40, § 40-2-609 — OK Code / Title 40 / Section 40-2-609
Rule of decision
Status: in_force

RULE OF DECISION.

A final decision of the Board of Review and the principles of

law declared in arriving at such decision, unless expressly or

impliedly overruled by the passage of a more recent statute, by a

later decision of the Board of Review, or by a court of competent

jurisdiction, shall be binding upon the Commission and Appeal

Tribunal referees in subsequent proceedings which involve the same

questions of law or fact. In no event shall a decision of the Board

of Review, or by a court of competent jurisdiction, decided prior to

a change in law by the Legislature supersede or be binding upon the

Commission, Appeal Tribunal referees, Board of Review, or any court

of competent jurisdiction in proceedings subsequent to the passage

of statutory changes.
Okla. Stat. tit. 40, § 40-3-512 — OK Code / Title 40 / Section 40-3-512
Treasury offset program – Delinquent unemployment taxes
Status: in_force

TREASURY OFFSET PROGRAM – DELINQUENT UNEMPLOYMENT TAXES.

A. The Oklahoma Employment Security Commission shall be

authorized to collect state unemployment tax indebtedness

established pursuant to Article 3 of the Employment Security Act of

1980, through the Tax Offset Program of the U.S. Department of the

Treasury pursuant to 26 U.S.C., Section 6402(f) and 31 CFR, Section

285.8.

B. Before submitting an indebtedness to the U.S. Department of

the Treasury for collection through the Tax Offset Program, the

Oklahoma Employment Security Commission shall notify the debtor in

writing of the amount of the debt and the time period the

indebtedness accrued. The notification shall give the debtor sixty

(60) days from the date of mailing of the notice to present evidence

Oklahoma Statutes - Title 40. Labor Page 151

to the Commission that all or a part of the indebtedness is not

legally enforceable or is otherwise invalid.

C. If the debtor responds to the notice by presenting evidence,

the Commission shall evaluate the evidence and review its records of

the indebtedness. Based on this evaluation and review, the

Commission may modify the amount of the indebtedness. Once the

evaluation and review process is complete, the indebtedness shall be

submitted to the U.S. Department of Treasury for collection through

the Tax Offset Program.

D. If no evidence is presented by the debtor within the sixty-

day time period allowed by the notice, the amount of the

indebtedness will be submitted to the U.S. Department of the

Treasury for collection through the Tax Offset Program.

E. If the Oklahoma Employment Security Commission receives an

erroneous payment from the U.S. Department of the Treasury, the

Oklahoma Employment Security Commission shall return the payment to

the U.S. Department of the Treasury. If the money that was

erroneously paid to the Oklahoma Employment Security Commission had

been credited to a state unemployment tax indebtedness, that

indebtedness shall be reinstated to the amount that existed before

the payment was credited.
Okla. Stat. tit. 40, § 40-3-604 — OK Code / Title 40 / Section 40-3-604
Clearing account
Status: in_force

CLEARING ACCOUNT. All monies payable to the fund, upon receipt

thereof by the Commission, shall be forwarded to the Treasurer who

shall immediately deposit them in the clearing account. Refunds

payable pursuant to this act shall be payable from the clearing

account upon warrants or electronic fund transfers issued under the

direction of the Commission.
Okla. Stat. tit. 40, § 40-470 — OK Code / Title 40 / Section 40-470
Department of Labor Administrative Penalty Revolving Fund
Status: in_force

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 amusement ride safety pursuant to Sections 463 through

469 of Title 40 of the Oklahoma Statutes and the 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, § 40-551 — OK Code / Title 40 / Section 40-551
Standards for Workplace Drug and Alcohol Testing Act
Status: in_force

Sections 551 through 563 of this title shall be known and may be

cited as the "Standards for Workplace Drug and Alcohol Testing Act".
Okla. Stat. tit. 40, § 40-200 — OK Code / Title 40 / Section 40-200
Searches of employee-owned vehicles
Status: in_force

Employers of this state that conduct employee-owned vehicle

searches of its employees shall conduct such search on the property

of the employer only. Searches that are conducted on property not

owned or rented by the employer shall require a search warrant

issued according to law.
Okla. Stat. tit. 40, § 40-1-210 — OK Code / Title 40 / Section 40-1-210
Employment
Status: in_force

EMPLOYMENT.

"Employment" means:

(1) Any service, including service in interstate commerce,

performed by:

(a) any officer of a corporation; or

(b) any individual who, under the usual common-law rules

applicable in determining the employer-employee

relationship, as provided in paragraph (14) of this

section, has the status of an employee.

(2) (a) any service, including service in interstate commerce,

performed by any individual other than an individual

who is an employee under paragraph (1) of this section

who performs services for remuneration for any person:

(i) as an agent-driver or commission-driver engaged

in distributing meat products, vegetable

products, fruit products, bakery products,

beverages other than milk, or laundry or dry

Oklahoma Statutes - Title 40. Labor Page 29

cleaning services, for the individual's

principal; or

(ii) as a traveling or city salesperson, other than as

an agent-driver or commission-driver, engaged

upon a full-time basis in the solicitation on

behalf of, and the transmission to, an

individual's principal, except for sideline sales

activities on behalf of some other person, of

orders from wholesalers, retailers, contractors

or operators of hotels, restaurants or other

similar establishments for merchandise for resale

or supplies for use in their business operations;

(b) provided, the term "employment" shall include services

described in divisions (i) and (ii) of subparagraph

(a) of this paragraph if:

(i) the contract of service contemplates that

substantially all of the services are to be

performed personally by such individual;

(ii) the individual does not have a substantial

investment in facilities used in connection with

the performance of the services, other than in

facilities for transportation; and

(iii) the services are not in the nature of a single

transaction that is not part of a continuing

relationship with the person for whom the

services are performed.

(3) Service performed in the employ of this state or any of its

instrumentalities or any political subdivision thereof or any of its

instrumentalities or any instrumentality of more than one of the

foregoing or any instrumentality of any of the foregoing and one or

more other states or political subdivisions; provided, that such

service is excluded from "employment" as defined in the Federal

Unemployment Tax Act, 26 U.S.C., Section 3306(c)(7), and is not

excluded from "employment" under paragraph (7) of this section.

(4) Service performed by an individual in the employ of a

community chest, fund, foundation or corporation, organized and

operated exclusively for religious, charitable, scientific, testing

for public safety, literary or educational purposes, or for the

prevention of cruelty to children or animals, no part of the net

earnings of which inures to the benefit of any private shareholder

or individual, no substantial part of the activities of which is

carrying on propaganda, or otherwise attempting to influence

legislation and which does not participate in, or intervene in,

including the publishing or distributing of statements, any

political campaign on behalf of any candidate for public office;

provided that such organization had four or more individuals in

employment for some portion of a day in each of twenty (20)

Oklahoma Statutes - Title 40. Labor Page 30

different weeks, whether or not such weeks were consecutive, within

either the calendar year or preceding calendar year, regardless of

whether they were employed at the same moment of time.

(5) Service performed by an individual in agricultural labor as

defined in subparagraph (a) of paragraph (15) of this section when:

(a) the service is performed for a person who:

(i) during any calendar quarter in either the

calendar year or the preceding calendar year,

paid remuneration in cash of Twenty Thousand

Dollars ($20,000.00) or more to individuals

employed in agricultural labor; or

(ii) for some portion of a day in each of twenty (20)

different calendar weeks, whether or not the

weeks were consecutive, in either the calendar

year or the preceding calendar year, employed in

agricultural labor ten or more individuals,

regardless of whether they were employed at the

same moment of time.

(b) for the purposes of this paragraph any individual who

is a member of a crew furnished by a crew leader to

perform service in agricultural labor for any other

person shall be treated as an employee of the crew

leader:

(i) if the crew leader holds a valid certificate of

registration under the Farm Labor Contractor

Registration Act of 1963, Public Law 95-562, 29

U.S.C., Sections 1801 through 1872; or

substantially all the members of the crew operate

or maintain tractors, mechanized harvesting or

crop-dusting equipment, or any other mechanized

equipment, which is provided by the crew leader;

and

(ii) if the individual is not an employee of the other

person within the meaning of paragraph (1) of

this section or subparagraph (d) of this

paragraph.

(c) for the purposes of this paragraph, in the case of any

individual who is furnished by a crew leader to

perform service in agricultural labor for any other

person and who is not treated as an employee of the

crew leader under subparagraph (b) of this paragraph:

(i) the other person and not the crew leader shall be

treated as the employer of the individual; and

(ii) the other person shall be treated as having paid

cash remuneration to the individual in an amount

equal to the amount of cash remuneration paid to

the individual by the crew leader, either on the

Oklahoma Statutes - Title 40. Labor Page 31

individual's own behalf or on behalf of the other

person, for the service in agricultural labor

performed for the other person.

(d) for the purposes of this paragraph, the term "crew

leader" means an individual who:

(i) furnishes individuals to perform service in

agricultural labor for any other person;

(ii) pays, either on the individual's own behalf or on

behalf of another person, the individuals so

furnished by the crew leader for the service in

agricultural labor performed by them; and

(iii) has not entered into a written agreement with the

other person (farm operator) under which the

individual is designated as an employee of the

other person.

(6) The term "employment" shall include domestic service in a

private home, local college club or local chapter of a college

fraternity or sorority performed for a person or entity who paid

cash remuneration of One Thousand Dollars ($1,000.00) or more to

individuals employed in domestic service in any calendar quarter in

the calendar year or the preceding calendar year.

(7) For the purposes of paragraphs (3) and (4) of this section

the term "employment" does not apply to service performed:

(a) in the employ of:

(i) a church or convention or association of

churches;

(ii) an organization which is operated primarily for

religious purposes and which is operated,

supervised, controlled, or principally supported

by a church or convention or association of

churches; or

(iii) an elementary or secondary school which is

operated primarily for religious purposes, which

is described in 26 U.S.C., Section 501(c)(3), and

which is exempt from tax under 26 U.S.C., Section

501(a);

(b) by a duly ordained, commissioned or licensed minister

of a church in the exercise of ministry or by a member

of a religious order in the exercise of duties

required by the order;

(c) in the employ of a governmental entity referred to in

paragraph (3) of this section if the service is

performed by an individual in the exercise of duties:

(i) as an elected official;

(ii) as a member of a legislative body, or a member of

the judiciary of a state or political

subdivision;

Oklahoma Statutes - Title 40. Labor Page 32

(iii) as a member of the State National Guard or Air

National Guard;

(iv) as an employee serving on a temporary basis in

case of fire, storm, snow, earthquake, flood or

similar emergency;

(v) in a position which, under or pursuant to the

laws of this state, is designated as a major

nontenured policymaking or advisory position, or

a policymaking or advisory position the

performance of the duties of which ordinarily

does not require more than eight (8) hours per

week;

(vi) as an election official or election worker if the

amount of remuneration received by the individual

during the calendar year for services as an

election official or election worker is less than

One Thousand Dollars ($1,000.00);

(d) by an individual who is participating or enrolled in a

program of an organization that provides

rehabilitation through work for individuals whose

earning capacity is impaired by age, physical or

mental deficiency, or injury, or a program of an

organization that provides work for individuals who,

because of their impaired mental or physical capacity

cannot be readily absorbed into the competitive labor

market; provided that the services are performed by a

program participant on real property owned or leased

directly by the organization or by a program

participant working under a special certificate issued

by the U.S. Secretary of Labor pursuant to 29 U.S.C.,

Section 214(c) and 29 C.F.R., Section 525.1 et seq.;

(e) as part of an unemployment work-relief or work-

training program assisted or financed in whole or in

part by any federal agency or an agency of a state or

political subdivision thereof or of an Indian tribe,

by an individual receiving such work-relief or work-

training; or

(f) by an inmate of a custodial or penal institution.

(8) The term "employment" shall include the service of an

individual who is a citizen of the United States, performed outside

the United States, except in Canada, in the employ of an American

employer other than service which is deemed "employment" under the

provisions of paragraph (11) or (12) of this section or the parallel

provisions of another state's law, if:

(a) the employer's principal place of business in the

United States is located in this state;

Oklahoma Statutes - Title 40. Labor Page 33

(b) the employer has no place of business in the United

States, but:

(i) the employer is an individual who is a resident

of this state;

(ii) the employer is a corporation which is organized

under the laws of this state; or

(iii) the employer is a partnership or a trust and the

number of the partners or trustees who are

residents of this state is greater than the

number who are residents of any one other state;

(c) none of the criteria of subparagraphs (a) and (b) of

this paragraph are met but the employer has elected

coverage in this state or, the employer having failed

to elect coverage in any state, the individual has

filed a claim for benefits, based on such service,

under the laws of this state;

(d) an "American employer", for purposes of this

subsection, means a person who is:

(i) an individual who is a resident of the United

States;

(ii) a partnership if two-thirds (2/3) or more of the

partners are residents of the United States;

(iii) a trust, if all of the trustees are residents of

the United States; or

(iv) a corporation organized under the laws of the

United States or of any state; and

(e) the term "United States", for the purposes of this

subsection, includes the states, the District of

Columbia, the Commonwealth of Puerto Rico and the

Virgin Islands.

(9) Notwithstanding paragraph (11) of this section, all service

performed by an officer or member of the crew of an American vessel

on or in connection with the vessel, if the operating office, from

which the operations of the vessel operating on navigable waters

within, or within and without, the United States are ordinarily and

regularly supervised, managed, directed and controlled is within

this state.

(10) Notwithstanding any other provisions of the Employment

Security Act of 1980, "employment":

(a) includes any service with respect to which a tax is

required to be paid under any federal law imposing a

tax against which credit may be taken for

contributions required to be paid into a state

unemployment fund; and

(b) includes any service which is required to be

"employment" for full tax credit to be allowed against

the tax imposed by the Federal Unemployment Tax Act of

Oklahoma Statutes - Title 40. Labor Page 34

1954, Public Law 591, Chapter 736, as amended, 26

U.S.C., Section 3301 et seq.

(11) The term "employment" shall include an individual's entire

service, performed within or both within and without this state if:

(a) the service is localized in this state; or

(b) the service is not localized in any state but some of

the service is performed in this state and:

(i) the individual's base of operations, or, if there

is no base of operations, then the place from

which the individual's employment is directed or

controlled is in this state; or

(ii) the individual's base of operations or place from

which the service is directed or controlled is

not in any state in which some part of the

service is performed but the individual's

residence is in this state.

(12) (a) Services covered by an election pursuant to Section 3-

203 of this title; and

(b) services covered by an arrangement pursuant to Section

4-701 et seq. of this title between the Oklahoma

Employment Security Commission and the agency charged

with the administration of any other state or federal

unemployment compensation law, pursuant to which all

services performed by an individual for an employing

unit are deemed to be performed entirely within this

state,

shall be deemed to be employment if the Commission has approved an

election of the employing unit for whom such services are performed,

pursuant to which the entire service of such individual during the

period covered by such election is deemed to be insured work.

(13) Service shall be deemed to be localized within a state if:

(a) the service is performed entirely within such state;

or

(b) the service is performed both within and without such

state, but the service performed without such state is

incidental to the individual's service within the

state; for example, is temporary or transitory in

nature or consists of isolated transactions.

(14) Notwithstanding any other provision of this subsection,

services performed by an individual for wages shall be deemed to be

employment subject to the Employment Security Act of 1980 if the

services are performed by the individual in an employer-employee

relationship with the employer using the 20-factor test used by the

Internal Revenue Service of the United States Department of Treasury

in Revenue Ruling 87-41, 1987-1 C.B. 296. The Oklahoma Employment

Security Commission shall have the exclusive authority to make a

Oklahoma Statutes - Title 40. Labor Page 35

determination of whether an individual is an independent contractor

or employee.

(15) The term "employment" shall not include:

(a) services performed by an individual in agricultural

labor, except as provided under paragraph (5) of this

section. Services performed by an individual who is a

nonresident alien admitted to the United States to

perform agricultural labor, pursuant to 8 U.S.C.,

Sections 1101(a), 1184(c) and 1188. For purposes of

this subparagraph, the term "agricultural labor" means

remunerated service performed in agricultural labor as

defined in the Federal Unemployment Tax Act, 26

U.S.C., Section 3306(k);

(b) domestic service, except as provided under paragraph

(6) of this section, in a private home, local college

club, or local chapter of a college fraternity or

sorority;

(c) service performed by an individual in the employ of

his or her son, daughter, or spouse, and service

performed by a child under the age of twenty-one (21)

in the employ of his or her father or mother, or both

father and mother;

(d) service performed in the employ of the United States

government or an instrumentality of the United States

exempt under the Constitution of the United States

from the contributions imposed by the Employment

Security Act of 1980, except that to the extent that

the Congress of the United States shall permit states

to require any instrumentalities of the United States

to make payments into an unemployment fund under a

state unemployment compensation law, all of the

provisions of the Employment Security Act of 1980

shall be applicable to such instrumentalities, and to

services performed for such instrumentalities, in the

same manner, to the same extent, and on the same terms

as to all other employers, employing units,

individuals and services; provided that if this state

shall not be certified for any year by the Secretary

of Labor of the United States under the Federal

Internal Revenue Code, 26 U.S.C., Section 3304(c), the

payments required of such instrumentalities with

respect to the year shall be refunded by the

Commission from the fund in the same manner and within

the same period as is provided in Section 3-304 of

this title with respect to contributions erroneously

collected;

Oklahoma Statutes - Title 40. Labor Page 36

(e) service with respect to which unemployment

compensation is payable under an unemployment

compensation system established by an act of Congress;

(f) service performed in the employ of a foreign

government, including service as a consul or other

officer or employee or a nondiplomatic representative;

(g) service performed in the employ of an instrumentality

wholly owned by a foreign government:

(i) if the service is of a character similar to that

performed in foreign countries by employees of

the United States government or of an

instrumentality thereof, and

(ii) if the Commission finds that the United States

Secretary of State has certified to the United

States Secretary of the Treasury that the foreign

government, with respect to whose instrumentality

exemption is claimed, grants an equivalent

exemption with respect to similar service

performed in the foreign country by employees of

the United States government and of

instrumentalities thereof;

(h) service covered by an arrangement between the

Commission and the agency charged with the

administration of any other state or federal

unemployment compensation law pursuant to which all

services performed by an individual for an employing

unit during the period covered by such employing

unit's duly approved election, are deemed to be

performed entirely within the jurisdiction of such

other state or federal agency;

(i) service performed as a student nurse in the employ of

a hospital or a nurses' training school by an

individual who is enrolled and is regularly attending

classes in a nurses' training school chartered or

approved pursuant to state law; and service performed

as an intern in the employ of a hospital by an

individual who has completed a four-year course in a

medical school chartered or approved pursuant to state

law;

(j) service performed by an individual for a person, firm,

association, trust, partnership or corporation as an

insurance agent, or as an insurance solicitor or as a

licensed real estate agent, if all such service

performed by such individual for such person is

performed for remuneration solely by way of

commissions or fees;

Oklahoma Statutes - Title 40. Labor Page 37

(k) service performed by an individual under the age of

eighteen (18) in the delivery and distribution of

newspapers or shopping news, not including delivery or

distribution to any point for subsequent delivery or

distribution, and services performed by an individual

eighteen (18) years of age or older who meets the

definition of a "direct seller" as defined in 26

U.S.C., Section 3508(b)(2), that states in pertinent

part:

(i) the individual must be engaged in the delivery or

distribution of newspapers or shopping news,

including any services directly related to such

trade or business,

(ii) substantially all the remuneration, whether or

not paid in cash, for the performance of the

services described in division (i) of this

subparagraph is directly related to sales or

other output, including the performance of

services, rather than the number of hours worked,

and

(iii) the services performed by the individual are

performed pursuant to a written contract between

the person and the person for whom the services

are performed and the contract provides that the

person will not be treated as an employee with

respect to the services;

(l) service performed in the employ of a school, college

or university, if the service is performed:

(i) by a student who is enrolled and is regularly

attending classes at the school, college, or

university, or

(ii) by the spouse of the student, if the spouse is

advised, at the time the spouse commences to

perform the service, that:

(I) the employment of the spouse to perform the

service is provided under a program to

provide financial assistance to the student

by the school, college, or university, and

(II) the employment will not be covered by any

program of unemployment insurance;

(m) service performed by an individual who is enrolled at

a nonprofit or public educational institution which

normally maintains a regular faculty and curriculum

and normally has a regularly organized body of

students in attendance at the place where its

educational activities are carried on as a student in

a full-time program, taken for credit at the

Oklahoma Statutes - Title 40. Labor Page 38

institution, which combines academic instruction with

work experience, if the service is an integral part of

the program, and the institution has so certified to

the employer, except that this provision shall not

apply to service performed in a program established

for or on behalf of an employer or group of employers;

(n) service performed in the employ of a hospital, if the

service is performed by a patient of the hospital;

(o) services performed by cooperative extension personnel

holding federal appointments employed by state

institutions of higher learning;

(p) earnings of employees being paid by state warrants who

are presently covered by the Federal Unemployment

Compensation Act, 5 U.S.C., Section 8501 et seq., by

virtue of their federal status;

(q) cosmetology services performed by an individual in a

beauty shop, as defined by Section 199.1 of Title 59

of the Oklahoma Statutes, pursuant to an agreement

whereby the owner of the beauty shop leases or rents

facilities for cosmetology to such individual;

(r) barbering services performed by an individual in a

barber shop, as defined by Section 61.5 of Title 59 of

the Oklahoma Statutes, pursuant to an agreement

whereby the owner of the barber shop leases or rents

facilities for barbering to such individual;

(s) services performed as a participant in a work or

training program administered by the Department of

Human Services;

(t) riding services performed by a jockey and services

performed by a trainer of racehorses in preparation

for and during an approved race meeting licensed by

the Oklahoma Horse Racing Commission;

(u) service performed by an individual whose remuneration

consists solely of commissions, overrides, bonuses,

and differentials related to sales or other output

derived from in-person sales to, or solicitation of

orders from, ultimate consumers primarily in the home,

or otherwise than in a permanent retail establishment;

(v) service performed by a person, commonly referred to as

"owner-operator", who owns or leases a truck-tractor

or truck for hire, provided the owner-operator

actually operates the truck-tractor or truck and,

further, that the entity contracting with the owner-

operator is not the lessor of the truck-tractor or

truck;

(w) services performed as a chopper of cotton who weeds or

thins cotton crops by hand or hoe. This subsection

Oklahoma Statutes - Title 40. Labor Page 39

shall be interpreted and applied consistently with the

Federal Unemployment Tax Act, 26 U.S.C., Sections

3304(a)(6)(A) and 3306(k);

(x) services performed for a private for-profit person or

entity by an individual as a landman:

(i) if the individual is engaged primarily in

negotiating for the acquisition or divestiture of

mineral rights or negotiating business agreements

that provide for the exploration for or

development of minerals,

(ii) if substantially all remuneration paid in cash or

otherwise for the performance of the services is

directly related to the completion by the

individual of the specific tasks contracted for

rather than to the number of hours worked by the

individual, and

(iii) if the services performed by the individual are

performed under a written contract between the

individual and the person for whom the services

are performed; provided that the individual is to

be treated as an independent contractor and not

as an employee with respect to the services

provided under the contract; or

(y) services performed by persons working under an

AmeriCorps grant from the Corporation for National

Service made pursuant to the National and Community

Service Act of 1990 (NCSA) codified at 42 U.S.C.,

Section 12501 et seq.
Okla. Stat. tit. 40, § 40-199.3 — OK Code / Title 40 / Section 40-199.3
Notice as to strike or lockout
Status: in_force

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

or corporation, or officer or agent thereof, to recruit, solicit or

advertise for employees, or refer persons (excluding employees or

persons who are permanent employees of the employer involved in such

strike or lockout) to employment, in place of employees involved in

a strike or lockout, without adequate notice to such person, or in

such advertisement, that there is a strike or lockout at the place

at which employment is offered, and that the employment offered is

in place of employee involved in such strike or lockout.
Okla. Stat. tit. 40, § 40-2-613 — OK Code / Title 40 / Section 40-2-613
Benefit overpayments
Status: in_force

BENEFIT OVERPAYMENTS.

An overpayment of unemployment benefits shall be classified in

one of three ways with recovery and recoupment to be conducted as

follows:

1. Fraud overpayment: in which an individual intentionally

makes a false statement or representation or fails to disclose a

material fact, and has received any sum as benefits to which the

individual was not entitled. The individual shall be liable to

repay this sum, plus a penalty of twenty-five percent (25%) of the

amount of the original overpayment and interest at the rate of one

percent (1%) per month on the unpaid balance of the overpayment, to

the Oklahoma Employment Security Commission. Three-fifths (3/5) of

the penalty amount collected shall be deposited in the Unemployment

Trust Fund for the State of Oklahoma and the remaining two-fifths

(2/5) shall be deposited in the Oklahoma Employment Security

Commission Revolving Fund. The interest shall cease to accrue when

the total accrued interest equals the amount of the overpayment. If

an overpayment is modified, the interest shall cease to accrue when

the total accrued interest equals the amount of the modified

overpayment. The Commission shall deduct the principal sum from any

future benefits payable to the individual;

2. Claimant error overpayment: in which an individual, by

mistake of law or fact, makes a false statement or representation or

fails to disclose a material fact and has received any sum as

benefits to which the individual was not entitled. The individual

shall be liable to repay this sum, plus interest at the rate of one

percent (1%) per month on the unpaid balance of the overpayment, to

the Commission. The interest shall cease to accrue when the total

accrued interest equals the amount of the overpayment. If an

overpayment is modified, the interest shall cease to accrue when the

total accrued interest equals the amount of the modified

overpayment. The Commission shall deduct the principal sum from any

future benefits payable to the individual; or

3. Administrative overpayment – in which:

a. an individual has received any sum as benefits under

the Employment Security Act of 1980 due to an error by

the Commission or an employer, or

Oklahoma Statutes - Title 40. Labor Page 88

b. an individual has received benefits and the decision

to grant benefits was reversed at a higher level of

appeal.

The individual shall be liable to have this sum deducted from any

future benefits payable to the individual with respect to the

benefit year current at the time of the receipt and the next

subsequent benefit year that begins within one (1) year after the

expiration of the benefit year current at the time of the receipt.

No interest shall accrue on administrative overpayments. An

individual may voluntarily repay an administrative overpayment with

private funds.
Okla. Stat. tit. 40, § 40-1-201 — OK Code / Title 40 / Section 40-1-201
General definitions
Status: in_force

Oklahoma Statutes - Title 40. Labor Page 19

GENERAL DEFINITIONS. As used in the Employment Security Act of

1980:

1. "Additional initial claim" means a claim application which

reactivates a claim during an existing benefit year and certifies to

a period of employment which occurred subsequent to the date of the

filing of the last initial, additional, or reopened claim;

2. "Alternative base period" means the most recent four (4)

completed calendar quarters immediately preceding the first day of

an individual's benefit year. In the event that an individual's

claim uses an alternative base period to meet the wage requirement

under Section 2-207 of this title, this alternative base period

shall be substituted for base period for all other purposes under

the Employment Security Act of 1980;

3. "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;

4. "Base period" means the first four (4) of the last five (5)

completed calendar quarters immediately preceding the first day of

an individual's benefit year;

5. "Benefit year" with respect to any individual means the one-

year period beginning with the first day of the first week with

respect to which the individual first files a valid claim for

benefits and thereafter the one-year period beginning with the first

day of the first week with respect to which the individual next

files a valid claim for benefits after the termination of his or her

last preceding benefit year. Any claim for benefits shall be deemed

a valid claim for the purpose of this section if the individual has

been paid the wages for insured work required under the Employment

Security Act of 1980;

6. "Benefit wages" means the taxable wages earned by a claimant

during the claimant's base period which are not in excess of the

current maximum weekly benefit amount, as determined under Section

2-104 of this title, multiplied by the maximum number of weeks for

which benefits could be paid to any individual pursuant to Section

2-106 of this title, multiplied by three (3); provided, however, no

wages shall be included as benefit wages unless and until the

claimant has been paid benefits for five (5) weeks in one (1)

benefit year;

7. "Benefits" means the money payments payable to an individual

as provided in the Employment Security Act of 1980 with respect to

his or her unemployment, including extended benefits. The federal

share of such extended benefits shall not be construed as benefits

for the purposes of computing contribution rates under the

Employment Security Act of 1980;

8. "Calendar quarter" means the period of three (3) consecutive

calendar months ending on March 31, June 30, September 30, or

Oklahoma Statutes - Title 40. Labor Page 20

December 31, or the equivalent thereof as the Commission may by

regulation prescribe;

9. "Client" shall have the same meaning as provided in

paragraph 1 of Section 600.2 of this title;

10. "Coemployer" shall have the same meaning as provided in

paragraph 2 of Section 600.2 of this title;

11. "Coemployment relationship" shall have the same meaning as

provided in paragraph 3 of Section 600.2 of this title;

12. "Commission" means the Oklahoma Employment Security

Commission;

13. "Commissioner" means a member of the Commission;

14. "Continued claim series" means an uninterrupted series of

weekly claims filed by a claimant during the benefit year;

15. "Contributions" means the money payments, including taxes

and reimbursements, required by the Employment Security Act of 1980

to be paid into the Unemployment Compensation Fund by an employer;

16. "Covered employee" shall have the same meaning as provided

in paragraph 5 of Section 600.2 of this title;

17. "Digital portal filing" means electronic communication

through the agency digital portal;

18. "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 Section 3-101 et

seq. of this title;

19. "Electronic e-filing" means filing by email or fax to

email;

20. "Eligibility period" of an individual for extended benefits

means the period consisting of the weeks in his or her benefit year,

as defined by the Employment Security Act of 1980, which begin in an

extended benefit period and, if his or her benefit year ends within

such extended benefit period, any weeks thereafter which begin in

such extended benefit period;

21. "Employer" shall have the same meaning as provided in

Section 1-208 of this title;

22. "Employing unit" means any individual or type of

organization, including any partnership, association, trust, estate,

joint stock company, insurance company, limited liability company or

corporation, whether domestic or foreign, or the receiver, trustee

in bankruptcy, trustee or successor thereof, or the legal

representative of a deceased person, which has or subsequent to

January 1, 1936, had in its employ one or more individuals

performing services for it within this state;

23. "Employment" shall have the same meaning as provided in

Section 1-210 of this title;

24. "Employment office" means a free public employment office

or branch thereof operated by this or any other state as a part of a

Oklahoma Statutes - Title 40. Labor Page 21

state-controlled system of public employment offices or by a federal

agency charged with the administration of an unemployment

compensation program or free public employment offices;

25. "Employment Security Administration Fund" means the fund

established in Section 4-602 of this title from which administration

expenses under the Employment Security Act of 1980 shall be paid;

26. "Exhaustee" shall have the same meaning as provided in

Section 2-712 of this title;

27. "Experience period" means the most recent twelve (12)

consecutive completed calendar quarters occurring before July 1 of

the year immediately preceding the year for which the employer's

contribution rate is being calculated;

28. "Extended base period" means the four (4) quarters prior to

the claimant's base period. These four (4) quarters may be

substituted for base period quarters on a quarter-by-quarter basis

to establish a valid claim regardless of whether the wages have been

used to establish a prior claim, except any wages earned that would

render the Commission out of compliance with applicable federal law

shall be excluded if used in a prior claim;

29. "Extended benefit period" shall have the same meaning as

provided in Section 2-703 of this title;

30. "File", "files", or "filed" shall have the same meaning as

provided in Section 1-224 of this title;

31. "Mail", "mails", "mailed", or "mailing" means communication

sent by a postal service with sufficient postage;

32. "Foreign limited liability company" shall be defined by the

provisions of the Oklahoma Limited Liability Company Act;

33. "Fund" means the Unemployment Compensation Fund established

in Section 3-601 of this title;

34. "Hospital" means any hospital required to be licensed under

the Oklahoma Public Health Code, Section 1-101 et seq. of Title 63

of the Oklahoma Statutes, and includes state mental hospitals and

any other mental hospital or institution;

35. "Initial claim" means a new claim application submitted by

a claimant to establish a benefit year for unemployment insurance

benefits;

36. "Institution of higher education" shall have the same

meaning as provided in Section 1-214 of this title;

37. "Insured work" means employment for employers as defined by

the Employment Security Act of 1980;

38. "Lessor employing unit" means any independently established

business entity which engages in the business of providing leased

employees to any other employer, individual, organization,

partnership, corporation, or other legal entity, referred to herein

as a client lessee;

39. "Limited liability company" shall be defined by the

provisions of the Oklahoma Limited Liability Company Act;

Oklahoma Statutes - Title 40. Labor Page 22

40. "Probationary period" means a period of time set forth in

an established probationary plan, which applies to all employees or

a specific group of employees, and does not exceed ninety (90)

calendar days from the first day a new employee begins work;

41. "Professional Employer Organization" or "PEO" means an

organization that is subject to the Oklahoma Professional Employer

Organization Recognition and Registration Act and which meets the

definition set out in paragraph 9 of Section 600.2 of this title;

42. "Rate of insured employment" shall have the same meaning as

provided in Section 2-708 of this title;

43. "Regular benefits" means benefits payable to an individual

under the Employment Security Act of 1980, or under any other state

law including dependents' allowances and benefits payable to federal

civilian employees;

44. "Reopened claim" means a claim application which

reactivates a claim during an existing benefit year when a claimant

stopped filing for benefits before his or her claim was exhausted,

but in which there occurred no intervening employment from the date

of the filing of the last initial, additional, or reopened claim;

45. "State" includes, in addition to the states of the United

States of America, the District of Columbia, the Commonwealth of

Puerto Rico, and the Virgin Islands;

46. "State law" means the unemployment insurance law of any

state, approved by the Secretary of Labor of the United States under

Section 3304 of the Internal Revenue Code of 1954;

47. "Supplemental unemployment benefit plan" means a plan that

provides for an employer to make payments to its employees during a

permanent or temporary layoff that will supplement unemployment

benefits received by the employees. The purpose of a supplemental

unemployment benefit plan is to allow an employer to sustain the

purchasing power of its employees or former employees during a

layoff;

48. "Taxable wages" means the wages paid to an individual with

respect to employment during a calendar year for services covered by

the Employment Security Act of 1980 or other state unemployment

compensation acts which shall equal the applicable percentage of the

state's average annual wage for the second preceding calendar year

as determined by the Commission, rounded to the nearest multiple of

One Hundred Dollars ($100.00);

49. "Wages" shall have the same meaning as provided in Section

1-218 of this title;

50. "Wages paid" means wages actually paid to the worker;

provided, however, that in the event of any distribution of an

employer's assets through insolvency, receivership, composition,

assignment for the benefit of creditors, or termination of business,

wages earned but not actually paid shall be considered as paid; and

Oklahoma Statutes - Title 40. Labor Page 23

51. "Week" means such period of seven (7) consecutive days, as

the Commission may by regulation prescribe.
Okla. Stat. tit. 40, § 40-9-103 — OK Code / Title 40 / Section 40-9-103
Transitional provisions
Status: in_force

TRANSITIONAL PROVISIONS. (1) Notwithstanding the repeal of the

Oklahoma Employment Security Act by Section 9-102 of this title, all

liabilities accruing thereunder, including both civil and criminal

liabilities, including but not limited to liabilities for

contributions, liabilities for refunds, liabilities for repayment

and liabilities for interest and penalties, shall not be

extinguished by the repeal of the Oklahoma Employment Security Act

and such liabilities shall be liabilities under this act and shall

be administered and enforced as liabilities under this act.

(2) Unemployment experience, wage records and contribution

records under the Oklahoma Employment Security Act, 40 O.S. 1971,

Section 211 through Section 238.1, both inclusive, as amended, shall

be deemed and shall constitute the same things under this act unless

and except this act expressly provides otherwise.

Oklahoma Statutes - Title 40. Labor Page 194
Okla. Stat. tit. 40, § 40-5-201 — OK Code / Title 40 / Section 40-5-201
Applicability
Status: in_force

APPLICABILITY. The provisions of this part apply to

representation in court in civil or criminal actions of this act.
Okla. Stat. tit. 40, § 40-600.8 — OK Code / Title 40 / Section 40-600.8
Unemployment compensation contributions
Status: in_force

A. For purposes of the Employment Security Act of 1980, covered

employees of a PEO are considered employees of the PEO during the

term of the applicable professional employer agreement.

B. The PEO shall report and pay all required contributions to

the unemployment compensation fund in accordance with the methods

set out in Section 2 of this act.
Okla. Stat. tit. 40, § 40-2-109 — OK Code / Title 40 / Section 40-2-109
Employment requirement in preceding benefit year
Status: in_force

EMPLOYMENT REQUIREMENT IN PRECEDING BENEFIT YEAR.

No individual may receive benefits in a benefit year unless,

subsequent to the beginning of the immediately preceding benefit

year during which the individual received benefits, the individual

performed service and earned remuneration for such service in an

amount equal to at least ten (10) times the individual’s weekly

benefit amount in the current benefit year.
Okla. Stat. tit. 40, § 40-456 — OK Code / Title 40 / Section 40-456
Violations - Penalties - Injunction
Status: in_force

A. In addition to any administrative or civil penalty, any

person who violates any of the provisions of the Oklahoma Asbestos

Control Act or who violates any rule or order promulgated pursuant

thereto shall be guilty of a misdemeanor and may be enjoined from

continuing such action. Upon conviction thereof, the violator shall

be punished by imprisonment in the county jail for not more than six

(6) months or by a fine of not less than One Hundred Dollars

($100.00), or both such fine and imprisonment. Each day's

violations shall constitute a separate violation.

B. The Attorney General shall, upon request of the

Commissioner, bring an action for injunction against any person

violating any provision of the Oklahoma Asbestos Control Act or

violating any order or determination of the Commissioner. In any

action for injunction, any finding of the Commissioner, after

notice, shall be prima facie evidence of the facts found therein.

C. A district attorney, upon request of the Commissioner, shall

prosecute any violation of the Oklahoma Asbestos Control Act.

Oklahoma Statutes - Title 40. Labor Page 294

D. The Commissioner of Labor may promulgate rules establishing

a schedule of administrative penalties and fines for violations of

the Oklahoma Asbestos Control Act which may be in addition to or in

lieu of the criminal penalties provided in this section. The

promulgation of an administrative fine schedule shall grant the

Commissioner authority to impose those administrative fines for any

violation of the Oklahoma Asbestos Control Act. Funds collected as

payment from a violator for administrative fines imposed for a

violation of the Oklahoma Asbestos Control Act shall be deposited to

the Department of Labor Administrative Penalty Revolving Fund

created in Section 3 of this act.
Okla. Stat. tit. 40, § 40-3-601 — OK Code / Title 40 / Section 40-3-601
Establishment of unemployment compensation fund
Status: in_force

ESTABLISHMENT OF UNEMPLOYMENT COMPENSATION FUND. There is

hereby established as a special fund, separate and apart from all

public moneys or funds of this state, the Unemployment Compensation

Fund, which shall be administered by the Commission exclusively for

the purpose of this act. This fund shall consist of (1) all

contributions collected pursuant to this act, together with any

interest thereon collected pursuant to this act; (2) all penalties

collected pursuant to the provisions of this act; (3) interest

earned upon any moneys in the fund; (4) any property or securities

acquired through the use of moneys belonging to the fund; (5) all

earnings of such property or securities; and (6) all other moneys

received for the fund from any other source. All moneys in the fund

shall be mingled and undivided.
Okla. Stat. tit. 40, § 40-196.11a — OK Code / Title 40 / Section 40-196.11a
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, § 40-502 — OK Code / Title 40 / Section 40-502
Application of act - Restriction on smoking as bona fide
Status: in_force

occupational requirement or part of collective bargaining agreement.

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

apply when the restriction on smoking relates to a bona fide

occupational requirement or an applicable collective bargaining

Oklahoma Statutes - Title 40. Labor Page 308

agreement which prohibits or allows off-duty use of tobacco

products.Oklahoma Statutes - Title 40. Labor Page 12
Okla. Stat. tit. 40, § 40-197.6 — OK Code / Title 40 / Section 40-197.6
Posting of notice
Status: in_force

On and after August 1, 1965, every employer, subject to this

act, shall post a notice or notices of the pertinent provisions of

this act in such form as may be prescribed and furnished by the

Commissioner of Labor. The notice shall be not less than eight and

one-half (8 1/2) inches by eleven (11) inches in size and shall be

displayed in such a manner so as to be accessible to all employees

in each establishment under the control of the employer. The

Commissioner, or his or her duly authorized representative, may, for

the purpose of determining whether such notice has been properly

posted, enter, during business hours, upon the premises of any

employer subject to this act.
Okla. Stat. tit. 40, § 40-2-602 — OK Code / Title 40 / Section 40-2-602
Appeal referees
Status: in_force

APPEAL REFEREES. (1) The Executive Director, with approval by

the Commission, shall appoint one or more referees who shall

constitute the appeal tribunal. The referees shall act under the

direct supervision of the Executive Director.

(2) Each appeal from a determination made by the Commission or

one of its representatives shall be assigned to a referee who shall

conduct a hearing after notice to the parties, receive the evidence

in such hearing and decide the appeal.
Okla. Stat. tit. 40, § 40-198.1 — OK Code / Title 40 / Section 40-198.1
Payment of discriminatory wages based on employee's sex
Status: in_force

prohibited.

It shall be unlawful for any employer within the State of

Oklahoma to willfully pay wages to women employees at a rate less

than the rate at which he pays any employee of the opposite sex for

comparable work on jobs which have comparable requirements relating

to skill, effort and responsibility, except where such payment is

made pursuant to a seniority system; a merit system; a system which

measures earnings by quantity or quality of production; or a

differential based on any factor other than sex.
Okla. Stat. tit. 40, § 40-55 — OK Code / Title 40 / Section 40-55
Rules and regulations
Status: in_force

(a) Every employment agency shall enter into a written

agreement with every applicant for services to be rendered and the

time and method of payment, and on which there shall appear the

definition of "Temporary Employment", "Permanent Employment" and

"Method of Payment". Provided, that nothing herein shall be

construed to prohibit an employment agency from making arrangements

by wire or telephone without said employee having first entered into

a written agreement with the agency; and provided further, if by

oversight or intention an applicant fails to sign an employment

contract, but is placed and accepts such employment, the employment

agency shall be entitled to its fee for such placement. Every

employment agency shall provide the applicant with a copy of any

written agreement between the applicant and the agency. All

Oklahoma Statutes - Title 40. Labor Page 198

contracts or agreements shall clearly state the fee and in no case

shall the employment agency collect more than the stated fee or

agreed percentage of the first year's total income.

(b) In all instances wherein permanent employment is terminated

within the definition of temporary employment, every employment

agency shall give to every person from whom an overpayment of fee

has been received, if requested within six (6) months of such

termination, a refund in the amount of such overpayment, such refund

to be made promptly within ten (10) days following the agency's

receipt of verification from the employer of the inclusive dates of

employment and the total gross earnings of the employee. This

subsection shall not apply to any employment agency acting as a

search consultant that is retained and compensated solely by the

employer on a retainer or consulting basis.

(c) Every employment agency shall give to every person from

whom a payment is received for services or assistance rendered or to

be rendered a receipt bearing the name and address of the employment

agency, the name of the employee, amount of the payment, date of

payment, and for what it is paid. Each such receipt shall be

numbered and bound in duplicate form. The duplicate copy shall be

kept for two (2) years at the office of the employment agency.

(d) A record shall be kept of the name and address of every

employee accepting employment, the name and address of the employer

with whom employment is accepted, the nature of the employment, the

rate of wage or salary to be paid the employee, the amount of the

employment agency's service charge, the dates and amounts of

payments, the date and amount of refund, if any, and for what,

together with a space for remarks under which shall be recorded

anything of an individual nature to amplify the foregoing account or

record and as information in the event of any question arising

concerning the transaction. Such records shall be open to

inspection by any court of competent jurisdiction for the purpose of

enforcing the provisions of this act.

(e) No employment agency shall direct an applicant to

employment without having obtained, either orally or in writing,

permission or authorization of the employer. No applicant for

employment shall be required by any agency to list prospective

employers to whom he shall previously have been referred by other

agencies.

(f) No applicant for employment shall knowingly make false or

misleading statements to an employment agency regarding age,

education, training, experience or references; and no employment

agency shall be held responsible for misinformation given it by an

applicant and transmitted by it in good faith to an employer.

(g) No employment agency shall advertise openings for which it

does not hold orders from employers or knowingly cause to be

Oklahoma Statutes - Title 40. Labor Page 199

printed, published or circulated misleading, false or fraudulent

information about employment opportunities.

(h) Other than the prescribed placement fee, no employment

agency shall require either the employee or employer to contribute

to the cost of its employment-related services, advertising, or

incidental expenses. This subsection shall not apply to any

employment agency acting as a search consultant that is retained and

compensated solely by the employer on a retainer or consulting

basis.

(i) No employment agency shall place, or cause to be placed,

promotional advertising in any media without licensee's

identification as to agency and address.

(j) No employment agency shall send any person to a prospective

employer who is conducting a "lockout" against all or part of his

employees, or whose employees or a part of them are out on strike,

without first apprising said person of the existence of such lockout

or strike.

(k) Any licensed agency, or agent thereof, who shall be guilty

of dividing fees with any superintendent, manager, foreman or other

employees of any person, company, corporation or association for

whom employees are furnished, shall be guilty of a misdemeanor and,

upon conviction, shall be punished as provided in Section 57 of this

title.

(l) No licensed agency shall furnish employment to or refer any

child to any vocation or establishment in violation of the laws

regulating the labor of children or their compulsory attendance at

school.

(m) No employment agency shall discriminate in the employment

of its personnel because of the race, national origin, sex or

religious belief of the applicant seeking employment with the

agency.
Okla. Stat. tit. 40, § 40-419 — OK Code / Title 40 / Section 40-419
Penalty
Status: in_force

Any employer or insurance company willfully failing to comply

with any of the provisions of Sections 17 and 18 is guilty of a

misdemeanor.
Okla. Stat. tit. 40, § 40-563 — OK Code / Title 40 / Section 40-563
Willful violation of act - Civil actions - Remedies
Status: in_force

A. Any person aggrieved by a willful violation of the Standards

for Workplace Drug and Alcohol Testing Act may institute a civil

action in a court of competent jurisdiction within one (1) year of

the alleged willful violation or be barred from obtaining the relief

provided for in subsection B of this section. A willful violation

of the Standards for Workplace Drug and Alcohol Testing Act requires

proof by the preponderance of the evidence that the employer had a

specific intent to violate the act.

B. A prevailing party may be awarded lost wages to which the

person would have been entitled and an additional equal amount as

liquidated damages. Interim earnings or amounts earnable with

reasonable diligence by the aggrieved person shall operate to reduce

the lost wages otherwise allowable. Reasonable costs and attorney

fees may be awarded to the prevailing party, whether plaintiff or

defendant.