reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 40. Labor › §40-1-221. Benefit wages.

BENEFIT WAGES.
"Benefit wages" means the taxable wages earned by a claimant during the claimant's base period which are not in excess of the current maximum weekly benefit amount, as determined under Section 2-104 of this title, multiplied by the maximum number of weeks for which benefits could be paid to any individual, pursuant to Section 2-106 of this title, multiplied by three (3); provided, however, no wages shall be included as "benefit wages" unless and until the claimant has been paid benefits for five (5) weeks in one (1) benefit year.
Added by Laws 1980, c. 323, § 1-221, eff. July 1, 1980. Amended by Laws 1994, c. 195, § 2, emerg. eff. May 16, 1994; Laws 1995, c. 340, § 3, eff. Jan. 1, 1996; Laws 2011, c. 256, § 2; Laws 2022, c. 287, § 1, eff. Jan. 1, 2023.
NOTE: This section was purportedly repealed by Laws 2022, c. 360, § 23, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-223. Taxable wages - Conditional factors and percentages.

TAXABLE WAGES – CONDITIONAL FACTORS AND PERCENTAGES.
The applicable percentage of the state's average annual wage is determined by the conditional factor in place during the calendar year for which the taxable wage is being calculated. The conditional factor is determined pursuant to the provisions of Section 3-113 of this title. The applicable percentages are as follows:
1. Forty percent (40%) during any calendar year in which the balance in the Unemployment Compensation Fund is in excess of the amount required to initiate conditional contribution rates, pursuant to the provisions of Section 3-113 of this title;
2. Forty-two and one-half percent (42.5%) during calendar years in which condition "a" exists;
3. Forty-five percent (45%) during calendar years in which condition "b" exists;
4. Forty-seven and one-half percent (47.5%) during calendar years in which condition "c" exists; and
5. Fifty percent (50%) during calendar years in which condition "d" exists.
Added by Laws 1983, c. 270, § 2, emerg. eff. June 23, 1983. Amended by Laws 1994, c. 195, § 3, emerg. eff. May 16, 1994; Laws 1998, c. 161, § 2, eff. July 1, 1998; Laws 2016, c. 287, § 2, eff. Nov. 1, 2016; Laws 2022, c. 360, § 7, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-224. File.

FILE.
A. For purposes of this section, "OESC 2020-21 business process transformation" means a change from paper process to integrated digital technology. Upon completion of the OESC 2020-21 business process transformation, electronic e-filing will be the Commission's preferred filing method for tendering and receiving documents. All claimants and employers tendering documents to the Commission will be expected to tender the documents electronically. If the claimant or employer has elected to utilize other means of transmittal, it will be the responsibility of the claimant or employer to notify the Commission of this preference.
B. When the provisions of the Employment Security Act of 1980 or the rules promulgated under the authority of the act require any document to be filed with the Oklahoma Employment Security Commission or its affiliate entities, the term "file", "files", or "filed" shall mean:
1. Hand delivery to the central administrative office of the Oklahoma Employment Security Commission by the close of business on or before the date due;
2. Mailing by means calculated to ensure receipt by the Oklahoma Employment Security Commission on or before the date due. Timely mailing shall be determined by the United States Postal Service postmark. If there is no such legible postmark, the date of receipt by the Commission shall constitute the date of filing;
3. Electronic e-filing to the Oklahoma Employment Security Commission, as directed by the instructions on the determination letter, order or other document issued by the Commission, by midnight on or before the date due. Timely transmission shall be determined by the Commission's transmission log file; or
4. Digital portal filing by midnight on or before the date due. Timely transmission shall be determined by the Commission's transmission log file.
C. If the Employment Security Act of 1980 or the rules promulgated under the Employment Security Act of 1980 require that a document be filed with a court or any other agency of this state, the term "file", "files" or "filed" shall be defined by the statutes, rules or practice governing that court or agency.
Added by Laws 1997, c. 30, § 5, eff. July 1, 1997. Amended by Laws 1998, c. 161, § 3, eff. July 1, 1998; Laws 2005, c. 182, § 3, eff. Nov. 1, 2005; Laws 2007, c. 354, § 2, eff. Nov. 1, 2007; Laws 2008, c. 132, § 4, eff. Nov. 1, 2008; Laws 2013, c. 71, § 2, eff. Nov. 1, 2013; Laws 2021, c. 424, § 2, eff. Nov. 1, 2021; Laws 2022, c. 360, § 8, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-225. Supplemental unemployment benefit plan.

SUPPLEMENTAL UNEMPLOYMENT BENEFIT PLAN.
A. A supplemental unemployment benefit plan for a temporary layoff must meet the following requirements:
1. The plan shall provide for a payment from the employer to the employee each week during the temporary layoff to supplement unemployment benefits received by the employee;
2. The plan must be part of an agreement entered into between the employer and employee, or between the employer and a collective bargaining agent on behalf of the employee, before the date the layoff is effective;
3. The employer must be able to give a reasonable assurance that the separated employees will be able to return to work at the end of the temporary layoff;
4. The employer must inform the Commission of the beginning and ending dates of the layoff and keep the Commission informed of any changes in circumstances while any claims for unemployment benefits are in existence; and
5. The plan must provide for equal treatment of all employees covered by the plan who are included in the layoff.
The requirements of Sections 2-417 and 2-418 of this title shall be waived for any claimant of unemployment benefits who is receiving supplemental benefits under this subsection.
B. A supplemental unemployment benefit plan for a permanent layoff must meet the following requirements:
1. The plan shall provide for a payment from the employer to the former employee during each week unemployment benefits are paid to the former employee, in order to supplement the unemployment benefits received by the former employee;
2. The plan must be part of an agreement entered into between the employer and former employee, or between the employer and a collective bargaining agent on behalf of the former employee, before the date the layoff is effective; and
3. The plan must provide for equal treatment of all former employees covered by the plan who are included in the layoff.
The requirements of Sections 2-417 and 2-418 of this title shall be applicable to any claimant of unemployment benefits who is receiving supplemental benefits under this subsection.
C. The amount of supplemental unemployment benefit plan payments will not be deducted from the weekly benefit amount of an unemployment benefit claim.
D. All supplemental unemployment benefit plans must be approved by the Director of the Unemployment Insurance Division of the Oklahoma Employment Security Commission. The Director's determination will be in writing and mailed to the employer and the collective bargaining agent of the employees, if any exists, at their last-known addresses, within twenty (20) days of the receipt of the employer's plan. If an employer or collective bargaining agent disagrees with the determination, an appeal can be taken pursuant to Section 3-115 of this title.
Added by Laws 2002, c. 452, § 7, eff. Nov. 1, 2002. Amended by Laws 2006, c. 176, § 3, eff. July 1, 2006; Laws 2019, c. 251, § 2, eff. July 1, 2019; Laws 2022, c. 360, § 9, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-227. Experience period.

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.
Added by Laws 2006, c. 176, § 4, eff. July 1, 2006. Amended by Laws 2017, c. 345, § 1, eff. July 1, 2017.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-228. Limited liability companies.

LIMITED LIABILITY COMPANIES.
For unemployment tax purposes, wages, salaries, or draws paid to limited liability company members, relatives of the members, and employees shall be taxed in the same manner as required by the Federal Unemployment Tax Act, Title 26 U.S.C., Chapter 23, and the Internal Revenue Code, Title 26 U.S.C., Chapters 1 through 99.
Added by Laws 2015, c. 249, § 2, eff. Nov. 1, 2015. Amended by Laws 2022, c. 360, § 10, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-229. Assigned tax rate and earned tax rate.

ASSIGNED TAX RATE AND EARNED TAX RATE.
A. "Assigned tax rate" means the tax rate assigned to an employer pursuant to Section 3-110.1 of this title when the employer does not have sufficient experience history to meet the At-Risk Rule set out in paragraph 3 of Section 3-110.1 of this title.
B. "Earned tax rate" means the tax rate calculated for an employer with sufficient experience history to meet the At-Risk Rule set out in paragraph 3 of Section 3-110.1 of this title, with the tax rate calculated pursuant to the provisions of Part 1 of Article 3 of the Employment Security Act of 1980.
Added by Laws 2016, c. 287, § 3, eff. Nov. 1, 2016. Amended by Laws 2017, c. 345, § 2, eff. July 1, 2017.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-230. Notice given.

NOTICE GIVEN. A. Notice shall be deemed given when the Oklahoma Employment Security Commission notifies by one of the following means:
1. Mail;
2. Email or fax to email; or
3. Upload to the agency digital portal.
There is a rebuttable presumption that notice has been given on the date stated in the communication.
B. The Commission's preferred method of notification shall be electronic delivery through the agency digital portal or email. If claimants or employers wish to opt in to delivery by the agency digital portal or email, they may notify the Commission by one of the methods listed in subsection A of this section.
Added by Laws 2022, c. 360, § 11, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-231. Limitations on duration of benefits.

A. For purposes of this section, "state average unemployment insurance claims" means the weekly average of Continued UI Claims for the thirteen (13) weeks beginning with the first file week ending in the month of July in the calendar year prior to the current calendar year as published by the Oklahoma Employment Security Commission or the agency responsible for collecting and publishing unemployment insurance claims data.
B. On January 1, 2025, for unemployment compensation claims submitted during a calendar year, the duration of benefits is limited to:
1.
a.
Sixteen (16) weeks if the state's average unemployment insurance claims are at or below five thousand (5,000) claims,
b.
An additional two (2) weeks shall be added in addition to the sixteen (16) weeks for each fifteen thousand (15,000) increments if the state's average unemployment insurance claims are above five thousand (5,000) claims, or
c.
Up to the maximum of twenty (20) weeks; or
2. In the event that the weekly claims data of continued claims administered by the Oklahoma Employment Security Commission exceeds forty thousand (40,000) claims, the maximum duration of benefits shall immediately be raised to twenty-six (26) weeks. This maximum benefit duration shall be in place until the weekly claims data of continued UI claims falls below forty thousand (40,000) claims at which time the maximum duration of benefits shall be determined pursuant to paragraph 1 of subsection B of this section.
Added by Laws 2022, c. 287, § 3, eff. Jan. 1, 2023.
NOTE: Editorially renumbered from § 1-230 of this title to avoid a duplication in numbering.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-302. Index of other definitions.

INDEX OF OTHER DEFINITIONS. Other definitions in this act and the sections in which they appear are:
"Crew leader" - Section 1-210(5)(d)
"American employer" - Section 1-210(9)(d)
"United States" - Section 1-210(9)(e)
"Suitable work" - Section 2-408(2)
Added by Laws 1980, c. 323, § 1-302, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-102. Rounding provision.

ROUNDING PROVISION. Any benefit amount, any maximum benefit amount, or any payment amount computed under the provisions of this article that is not a multiple of One Dollar ($1.00) shall be computed to the next lower multiple of One Dollar ($1.00).
Added by Laws 1980, c. 323, § 2-102, eff. July 1, 1980. Amended by Laws 1983, c. 270, § 3, emerg. eff. June 23, 1983.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-103. Benefits paid from fund.

BENEFITS PAID FROM FUND.
All benefits provided herein shall be payable from the fund. All benefits shall be paid in accordance with the rules as the Oklahoma Employment Security Commission may prescribe.
Added by Laws 1980, c. 323, § 2-103, eff. July 1, 1980. Amended by Laws 1993, c. 219, § 5, eff. Sept. 1, 1993; Laws 2006, c. 176, § 5, eff. July 1, 2006.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-104. Computation of benefit amount.

COMPUTATION OF BENEFIT AMOUNT.
A. The weekly benefit amount of an individual shall be an amount equal to one twenty-third (1/23) of the taxable wages paid to the individual during that quarter of his base period in which the taxable wages were highest. If the amount is more than the maximum weekly benefit amount, it shall be reduced to the maximum weekly benefit amount or if the amount is less than Sixteen Dollars ($16.00), it shall be increased to Sixteen Dollars ($16.00).
B. The maximum weekly benefit amount shall be:
1. Sixty percent (60%) of the average weekly wage of the second preceding calendar year during any calendar year in which the balance in the Unemployment Compensation Fund is in excess of the amount required to initiate conditional contribution rates, pursuant to the provisions of Section 3-113 of this title;
2. Fifty-seven and one-half percent (57.5%) of the average weekly wage of the second preceding calendar year during calendar years in which condition "a", as set forth in paragraph (1) of Section 3-113 of this title, exists;
3. Fifty-five percent (55%) of the average weekly wage of the second preceding calendar year during calendar years in which condition "b", as set forth in paragraph (2) of Section 3-113 of this title, exists;
4. Fifty-two and one-half percent (52.5%) of the average weekly wage of the second preceding calendar year during calendar years in which condition "c", as set forth in paragraph (3) of Section 3-113 of this title, exists; and
5. Fifty percent (50%) of the average weekly wage of the second preceding calendar year during calendar years in which condition "d", as set forth in paragraph (4) of Section 3-113 of this title, exists.
C. Before the last day of June of each year the Commission shall determine the average weekly wage of the preceding calendar year in the following manner:
1. The sum of the total monthly employment reported for the calendar year shall be divided by twelve (12) to determine the average monthly employment;
2. The sum of the total wages reported for the previous calendar year shall be divided by the average monthly employment to determine the average annual wage; and
3. The average annual wage shall be divided by fifty-two (52) to determine the average weekly wage.
Added by Laws 1980, c. 323, § 2-104, eff. July 1, 1980. Amended by Laws 1983, c. 270, § 4, emerg. eff. June 23, 1983; Laws 1998, c. 161, § 4, eff. July 1, 1998; Laws 2017, c. 345, § 3, eff. July 1, 2017.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-105. Wages subtracted from benefit amount.

WAGES SUBTRACTED FROM BENEFIT AMOUNT.
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.
Added by Laws 1980, c. 323, § 2-105, eff. July 1, 1980. Amended by Laws 1994, c. 41, § 2, eff. July 1, 1994; Laws 1994, c. 349, § 2, eff. July 1, 1994; Laws 1998, c. 161, § 5, eff. July 1, 1998.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-105.1. Furlough and work stoppage – Back pay subtracted from benefit amount – Redetermination of benefit eligibility.

A. Reimbursed pay or back pay received by a claimant shall be subtracted from the benefit amount drawn by a claimant in each week in which:
1. The claimant is placed on furlough or work stoppage by his or her employer;
2. The claimant is not paid wages or salary during the pendency of the furlough or work stoppage;
3. The furlough or work stoppage is due to a lapse in appropriations, funding or budget shortfall affecting the employer;
4. After the furlough or work stoppage concludes, the claimant is reimbursed his or her full pay for the period during which the furlough or work stoppage occurred; and
5. The employer considers the employee as having been in a pay status during the furlough or work stoppage.
B. If reimbursed pay or back pay is required to be subtracted from the claimant's benefit amount pursuant to subsection A of this section, the eligibility for benefits of each week in question shall be redetermined pursuant to Section 2-506 of Title 40 of the Oklahoma Statutes and the amount of reimbursed pay or back pay received by the claimant shall be deducted from any unemployment benefits drawn during the pendency of the furlough or work stoppage. Any party to the redetermination may appeal pursuant to Section 2-603 of Title 40 of the Oklahoma Statutes. Any overpayment of benefits established under this section shall be collected in the same manner as an overpayment established under paragraph 2 of Section 2-613 of Title 40 of the Oklahoma Statutes.
Added by Laws 2014, c. 220, § 4, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-106. Maximum benefit amount.

MAXIMUM BENEFIT AMOUNT.
On January 1, 2023, an otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to whichever is the lesser of:
1.
a.
If prior to January 1, 2023, twenty-six (26) times the weekly benefit amount of the individual,
b.
If between January 1, 2023, and January 1, 2025, sixteen (16) times the weekly benefit amount of the individual, or
c.
If after January 1, 2025, between sixteen (16) and twenty (20) times the weekly benefit amount dependent upon the state's average unemployment insurance claims pursuant to Section 3 of this act;
2. The applicable percentage of the state's average annual wage for the second preceding calendar year as determined by the Oklahoma Employment Security Commission, rounded to the nearest multiple of One Hundred Dollars ($100.00). The applicable percentage is determined by the conditional factor in place during the calendar year in which the individual files for benefits. The conditional factor is determined pursuant to the provisions of Section 3-113 of this title. The applicable percentages for this paragraph are as follows:
a.
twenty-five percent (25%) during any calendar year in which the balance in the Unemployment Compensation Fund is in excess of the amount required to initiate conditional contribution rates, pursuant to the provisions of Section 3-113 of this title,
b.
twenty-three and three-fourths percent (23.75%) during calendar years in which condition "a" exists,
c.
twenty-two and one-half percent (22.5%) during calendar years in which condition "b" exists,
d.
twenty-one and one-fourth percent (21.25%) during calendar years in which condition "c" exists, and
e.
twenty percent (20%) during calendar years in which condition "d" exists; or
3. The applicable percentage of the individual's wages for insured work paid during the base period of the individual. The applicable percentage is determined by the conditional factor in place during the calendar year in which the individual files for benefits. The conditional factor is determined pursuant to the provisions of Section 3-113 of this title. The applicable percentages for this paragraph are as follows:
a.
fifty percent (50%) during any calendar year in which the balance in the Unemployment Compensation Fund is in excess of the amount required to initiate conditional contribution rates, pursuant to the provisions of Section 3-113 of this title,
b.
forty-seven and one-half percent (47.5%) during calendar years in which condition "a" exists,
c.
forty-five percent (45%) during calendar years in which condition "b" exists,
d.
forty-two and one-half percent (42.5%) during calendar years in which condition "c" exists, and
e.
forty percent (40%) during calendar years in which condition "d" exists.
Added by Laws 1980, c. 323, § 2-106, eff. July 1, 1980. Amended by Laws 1983, c. 270, § 5, emerg. eff. June 23, 1983; Laws 1986, c. 205, § 2, emerg. eff. June 6, 1986; Laws 1998, c. 161, § 6, eff. July 1, 1998; Laws 2022, c. 287, § 2, eff. Jan. 1, 2023.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-107. Benefits - Portion of a week.

BENEFITS - PORTION OF A WEEK. Notwithstanding any other provisions of this act, the Commission may by rule prescribe that the existence of unemployment, eligibility for benefits and the amount of benefits payable shall be determined, in the case of any otherwise eligible claimant who, within a week of unemployment, is separated from, or secures, work on a regular attachment basis, for that portion of the week occurring before or after such separation from or securing of work, provided such rules are reasonably calculated to secure general results substantially similar to those provided by this act with respect to weeks of unemployment.
Added by Laws 1980, c. 323, § 2-107, eff. July 1, 1980. Amended by Laws 1993, c. 219, § 6, eff. Sept. 1, 1993.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-108. Benefits - Approved training.

BENEFITS - APPROVED TRAINING.
A. Notwithstanding any other provisions of law, no otherwise eligible individual shall be denied benefits for any week because the individual is in training with the approval of the Oklahoma Employment Security Commission, nor shall such individual be denied benefits with respect to any week in which the individual is in training with the approval of the Commission by reason of the application of provisions of law relating to availability for work, active search for work, failure to apply for, or a refusal to accept, suitable work. Such approval for training shall be determined by consideration of all the following factors:
1. The individual's skills are obsolete or such that there are minimal opportunities for employment;
2. Training is for an occupation for which there is a substantial and recurring demand; and
3. The individual possesses aptitudes or skills which can be supplemented by retraining within a reasonable time.
B. Any individual in training approved by the Commission will produce satisfactory evidence of continued attendance and satisfactory progress, when requested by the Commission. Failure to comply shall result in a disqualification of benefits for each week of occurrence.
Added by Laws 1980, c. 323, § 2-108, eff. July 1, 1980. Amended by Laws 1995, c. 340, § 4, eff. July 1, 1995; Laws 2015, c. 249, § 3, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-109. Employment requirement in preceding benefit year.

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.
Added by Laws 1980, c. 323, § 2-109, eff. July 1, 1980. Amended by Laws 2007, c. 354, § 3, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-203. Claim.

CLAIM.
A. An unemployed individual must file an initial claim for unemployment benefits by completing the required forms through the Internet Claims service provided by the Commission, or by completing all forms necessary to process an initial claim in a local office of the Commission or any alternate site designated by the Commission to take unemployment benefit claims. The Commission may obtain additional information regarding an individual's claim through any form of telecommunication, writing, or interview. An unemployed individual must file a claim by telecommunication or by Internet utilizing the digital services portal to create an account to access benefits with respect to each week in accordance with such rule as the Commission may prescribe.
B. With respect to each week, the claimant must provide the Commission with a true and correct statement of all material facts relating to unemployment; ability to work; availability for work; activities or conditions which could restrict the individual from seeking or immediately accepting full-time employment or part-time work if subsection (4) of Section 2-408 of this title applies; applications for or receipt of workers' compensation benefits; employment and earnings; and the reporting of other income from retirement, pension, disability, self-employment, education or training allowances.
C. No claim will be allowed or paid unless the claimant resides within a state or foreign country with which the State of Oklahoma has entered into a reciprocal or cooperative arrangement pursuant to Section 4-701 et seq. of this title.
D. The Commission may require the individual to produce documents or information relevant to the claim for benefits. If the individual fails to produce it, the individual's claim for unemployment benefits may be disqualified indefinitely by the Commission until the information is produced. An individual that has been disqualified indefinitely by the provisions of this subsection may receive payment for any week between the initial failure and the compliance with this subsection if the claimant is otherwise eligible and has made a timely filing for each intervening week.
Added by Laws 1980, c. 323, § 2-203, eff. July 1, 1980. Amended by Laws 1993, c. 219, § 7, eff. Sept. 1, 1993; Laws 1997, c. 30, § 6, eff. July 1, 1997; Laws 2002, c. 452, § 8, eff. Nov. 1, 2002; Laws 2003, c. 177, § 1, eff. Nov. 1, 2003; Laws 2010, c. 216, § 4, eff. July 1, 2010; Laws 2013, c. 148, § 1, eff. Nov. 1, 2013; Laws 2014, c. 4, § 7, emerg. eff. April 2, 2014; Laws 2014, c. 220, § 1, eff. Nov. 1, 2014; Laws 2015, c. 249, § 4, eff. Nov. 1, 2015; Laws 2019, c. 251, § 3, eff. July 1, 2019; Laws 2021, c. 424, § 3, eff. Nov. 1, 2021; Laws 2022, c. 360, § 12, eff. Nov. 1, 2022.
NOTE: Laws 2013, c. 71, § 3 repealed by Laws 2014, c. 4, § 8, emerg. eff. April 2, 2014.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-204. Registration for employment.

REGISTRATION FOR EMPLOYMENT.
The unemployed individual must register for work within seven (7) days of filing his or her initial claim for unemployment benefits in accordance with such rules as the Commission may prescribe, except that the Commission may waive the requirements of this section as to individuals attached to regular jobs, situations involving mass layoffs, or individuals in areas not served by an established employment office or Internet service when it finds that compliance with these requirements would be oppressive, or would be inconsistent with the purpose of the Employment Security Act of 1980.
Added by Laws 1980, c. 323, § 2-204, eff. July 1, 1980. Amended by Laws 1993, c. 219, § 8, eff. Sept. 1, 1993; Laws 2012, c. 196, § 1, emerg. eff. May 8, 2012.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-205.1. Ability to work and acceptance of employment.

The unemployed individual must be able to perform work duties in keeping with his or her education, training and experience. He or she must also be available to seek and accept work at any time and may not be engaged in any activity that would restrict his or her seeking or accepting employment.
The fact that an individual is enrolled in school shall not, in and of itself, render an individual ineligible for unemployment benefits. Such individual who is involuntarily unemployed and otherwise eligible for benefits and who offers to quit school, adjust class hours or change shifts in order to secure employment shall be entitled to benefits.
Added by Laws 1990, c. 333, § 3, emerg. eff. May 31, 1990. Renumbered from § 2-205A of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006. Amended by Laws 2022, c. 360, § 13, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-206. Waiting period.

WAITING PERIOD. The unemployed individual must have been unemployed for a waiting period of one (1) week. No week shall be counted as a week of unemployment for the purposes of this section:
(1) Unless it occurs within the benefit year which includes the week with respect to which he claims payment of benefits;
(2) If benefits have been paid with respect thereto;
(3) Unless the individual was eligible for benefits with respect thereto.
Added by Laws 1980, c. 323, § 2-206, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-207. Wage requirement during base period.

WAGE REQUIREMENT DURING BASE PERIOD.
A. The unemployed individual, during the individual's base period, shall have been paid:
1. Taxable wages of not less than One Thousand Five Hundred Dollars ($1,500.00); and
2. Total wages of not less than one and one-half (1 1/2) times the amount of wages during that quarter of the individual's base period in which the wages were highest.
B. Notwithstanding the provisions in subsection A of this section, an unemployed individual shall be eligible for benefits if, during the individual's base period, he or she shall have been paid:
1. Taxable wages of any amount; and
2. Total wages equal to or more than the annual amount of taxable wages that applies to any calendar year in which the claim for unemployment benefits was filed.
C. 1. If an individual lacks sufficient base period wages to establish a claim for benefits under this section, any wages paid in the individual's alternative base period shall be considered as the individual's base period wages. Once the alternative base period wages are determined, those wage figures shall be used to determine eligibility for benefits under subsection A or B of this section.
2. If the Commission has not received wage information from the individual's employer for the most recent calendar quarter of the alternative base period, the Commission shall accept an affidavit from the individual supported by wage information such as check stubs, deposit slips, or other supporting documentation to determine wages paid.
3. A determination of benefits based on an alternative base period shall be adjusted when the quarterly wage report is received from the employer, if the wage information in the report differs from that reported by the individual.
4. If alternative base period wages are established by affidavit of the individual, the employer to which the wages are attributed will have the right to protest the wages reported. If a protest is made, the employer must provide documentary evidence of wages paid to the individual. The Commission will determine the wages paid based on the preponderance of the evidence presented by each party.
5. Provided, no wages used to establish a claim under an alternative base period shall be subsequently used to establish a second benefit year.
Added by Laws 1980, c. 323, § 2-207, eff. July 1, 1980. Amended by Laws 1983, c. 270, § 6, emerg. eff. June 23, 1983; Laws 1995, c. 340, § 5, eff. July 1, 1995; Laws 2002, c. 452, § 9, eff. Nov. 1, 2002; Laws 2009, c. 460, § 1, eff. Nov. 1, 2009; Laws 2010, c. 216, § 5, eff. July 1, 2010; Laws 2012, c. 196, § 2, emerg. eff. May 8, 2012; Laws 2018, c. 14, § 1, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-208. Aliens.

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 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.
Added by Laws 1980, c. 323, § 2-208, eff. July 1, 1980. Amended by Laws 1981, c. 259, § 4, emerg. eff. June 25, 1981.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-210. Separation from work due to compelling family circumstances.

In addition to the eligibility provisions provided by this act, an individual shall be eligible to receive unemployment benefits, if monetarily and otherwise eligible, if the claimant was separated from work due to compelling family circumstances. For purposes of this section:
1. "Immediate family member" means the claimant's spouse, parents and dependent children;
2. "Illness" means a verified illness which necessitates the care of the ill person for a period of time longer than the employer is willing to grant paid or unpaid leave;
3. "Disability" means a verified disability which necessitates the care of the disabled person for a period of time longer than the employer is willing to grant paid or unpaid leave. Disability encompasses all types of disability, including:
a.
mental and physical disabilities,
b.
permanent and temporary disabilities, and
c.
partial and total disabilities; and
4. "Compelling family circumstances" means:
a.
if the claimant was separated from employment with the employer because of the illness or disability of the claimant and, based on available information, the Oklahoma Employment Security Commission finds that it was medically necessary for the claimant to stop working or change occupations,
b.
the claimant was separated from work due to the illness or disability of an immediate family member,
c.
if the spouse of the claimant was transferred or obtained employment in another city or state, and the family is required to move to the location of that job that is outside of commuting distance from the prior employment of the claimant, and the claimant separates from employment in order to move to the new employment location of the spouse,
d.
if the claimant separated from employment due to domestic violence or abuse, verified by any reasonable evidence, which causes the individual to reasonably believe that the individual's continued employment would jeopardize the safety of the individual or of any member of the individual's immediate family, or
e.
if the claimant separated from employment to move with the claimant's spouse to a new location, and if the spouse of the claimant:
(1)
was a member of the U.S. Military, the U.S. Military Reserve, or the National Guard,
(2)
was on active duty within ninety (90) days of the date of discharge,
(3)
has a service-connected disability,
(4)
was discharged under honorable conditions from the military service, and
(5)
takes up residence at a location more than fifty (50) miles away from the claimant's former employer for the purpose of reentering civilian life.
Added by Laws 2009, c. 460, § 2, eff. Nov. 1, 2009. Amended by Laws 2014, c. 220, § 5, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-301. Waiver void.

WAIVER VOID. Any agreement by an individual to waive, release, or commute his rights to benefits or any other rights under this act shall be void. Any agreement by any individual in the employ of any person or employing unit to pay all or any portion of an employer's contributions, required under this act from such employer, shall be void. No employer shall directly or indirectly make or require or accept any deduction from wages to finance the employer's contributions required from him or require or accept any waiver of any right hereunder by any individual in his employ, discriminate in regard to the hiring or tenure of work on any term or condition of work of any individual on account of his claiming benefits under this act, or in any manner obstruct or impede the filing of claims for benefits. Any employer or officer or agent of an employer who violates any provision of this section shall, for each offense, be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) or be imprisoned for not more than six (6) months, or both such fine and imprisonment.
Added by Laws 1980, c. 323, § 2-301, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-302. Fee - No charge by Commission or its employees - Counsel fee 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 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.
Added by Laws 1980, c. 323, § 2-302, eff. July 1, 1980. Amended by Laws 1981, c. 259, § 6, emerg. eff. June 25, 1981; Laws 2003, c. 163, § 1, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-303. Assignments void, exemption from process.

ASSIGNMENTS VOID, EXEMPTION FROM PROCESS.
No assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under the Employment Security Act of 1980 shall be valid. All such rights to benefits shall be exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debt. Benefits received by an individual, so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy whatsoever for the collection of all debts during the time the individual was unemployed, except debts for child support obligations pursuant to Section 2-801 of this title, and debts created due to food purchase assistance overissuances for which the individual is liable pursuant to Section 2-803 of this title. Benefits shall be subject to tax levies issued by the Internal Revenue Service in accordance with 26 U.S.C., Section 6331(h) provided an agreement is entered into between the Internal Revenue Service and the Oklahoma Employment Security Commission, and approved by the United States Department of Labor, that provides for the payment of all administrative costs associated with processing the tax levies. No waiver of any exemption provided for in this section shall be valid.
Added by Laws 1980, c. 323, § 2-303, eff. July 1, 1980. Amended by Laws 1982, c. 304, § 5, operative Oct. 1, 1982; Laws 1997, c. 30, § 7, eff. July 1, 1997; Laws 1998, c. 161, § 7, eff. July 1, 1998; Laws 2018, c. 14, § 4, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-304. Deduction of health insurance premiums.

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 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.
Added by Laws 1984, c. 252, § 3, emerg. eff. May 29, 1984.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-305. Deduction of individual income tax withholdings.

DEDUCTION OF INDIVIDUAL INCOME TAX WITHHOLDINGS.
Notwithstanding the provisions of Sections 2-301 and 2-303 of this title, nothing shall be construed to prohibit the deduction of an amount from unemployment compensation, otherwise payable to an individual, to pay the withholding of federal or state individual income tax, if that individual elected to have such a deduction made and that deduction is made under a program approved by the United States Secretary of Labor. For the purposes of this section, if an individual elects to have this deduction taken from his or her weekly benefits, the federal withholding will be deducted at the percentage specified in the Federal Internal Revenue Code at 26 U.S.C., Section 3402(p)(2), and three percent (3%) of the total benefit amount will be deducted to pay the state withholding.
Added by Laws 1995, c. 340, § 6, eff. Jan. 1, 1997. Amended by Laws 2002, c. 452, § 10, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-402. Fraud.

FRAUD.
A. If the Oklahoma Employment Security Commission determines that any individual has made a false statement or representation or has failed to disclose a material fact in violation of Section 5-102 of this title, the individual shall be ineligible to receive unemployment compensation for the week that determination is made by the Commission and for the next following fifty-one (51) weeks, and no benefit year shall be established during such period of ineligibility. After a determination has been made that an individual has violated Section 5-102 of this title in a particular benefit year, if the Commission determines that another violation of that section has occurred in any subsequent benefit year, the individual shall be ineligible to receive unemployment compensation for the week in which the subsequent determination is made by the Commission and for the next following one hundred three (103) weeks, and no benefit year shall be established during such period of ineligibility.
B. If the Commission makes a determination as described in subsection A of this section, the individual shall be disqualified for each week benefits were paid as a result of a false statement or representation or a failure to disclose a material fact, and the individual shall be deemed overpaid for the entire amount of benefits paid as a result of claimant fraud.
C. The ineligibility and disqualification set forth in subsections A and B of this section are in addition to the penalty provided by Section 5-102 of this title, and shall be invoked irrespective of whether such individual is prosecuted for violation of Section 5-102 of this title, when the Commission makes such a determination of ineligibility or disqualification.
D. A determination of fraud must be made within two (2) years of the date on which the violation occurred.
Added by Laws 1980, c. 323, § 2-402, eff. July 1, 1980. Amended by Laws 2002, c. 452, § 11, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 40. Labor › §40-2-404. Leaving work voluntarily.

LEAVING WORK VOLUNTARILY.
A. An individual shall be disqualified for benefits for leaving his or her last work voluntarily without good cause connected to the work, if so found by the Commission.
B. When adjudicating a separation from employment in an initial claim or additional initial claim, disqualification under this section shall continue for the full period of unemployment next ensuing after the individual left work voluntarily without good cause connected to the work and until the individual has become reemployed and has earned wages equal to or in excess of ten (10) times his or her weekly benefit amount.
C. When adjudicating a separation from employment during a continued claim series, disqualification under this section shall be for the week of the occurrence of leaving work voluntarily without good cause connected to the work.
Added by Laws 1980, c. 323, § 2-404, eff. July 1, 1980. Amended by Laws 2008, c. 132, § 7, eff. Nov. 1, 2008; Laws 2013, c. 71, § 4, eff. Nov. 1, 2013.