2023 Oklahoma Statutes › Title 44. Militia › §44-4303. Definitions.

As used in the Oklahoma Uniformed Services Employment and Reemployment Rights Act:
1. "Adjutant General" shall be defined in accordance with Section 801 of Title 44 of the Oklahoma Statutes;
2. "Benefit", "benefit of employment", or "rights and benefits" means the terms, conditions, or privileges of employment, including any advantage, profit, privilege, gain, status, account, or interest, including wages or salary for work performed, that accrues by reason of an employment contract or agreement or an employer policy, plan, or practice and includes rights and benefits under a pension plan, a health plan, an employee stock ownership plan, insurance coverage, awards, bonuses, severance pay, supplemental unemployment benefits, vacations, and the opportunity to select work hours or location of employment;
3. "Commissioner of Labor" means the Oklahoma Commissioner of Labor whose office is established in Section 1 of Article VI of the Oklahoma Constitution and whose powers and duties are established pursuant to Section 1 of Title 40 of the Oklahoma Statutes or any person designated or retained by the Commissioner of Labor to carry out a responsibility of the Commissioner of Labor under the Oklahoma Uniformed Services Employment and Reemployment Rights Act;
4. "District attorney" means the executive officer established pursuant to Section 215.1 of Title 19 of the Oklahoma Statutes. The powers and duties exercised by a district attorney pursuant to the Oklahoma Uniformed Services Employment and Reemployment Rights Act, upon designation by the district attorney, may also be performed by an assistant district attorney or by a special district attorney appointed pursuant to subsection C of Section 215.37M of Title 19 of the Oklahoma Statutes;
5. "Employee" means any person employed by an employer. Employee includes any person who is a citizen, national, or permanent resident alien of the United States;
6.
a.
Except as provided in subparagraphs b and c of this paragraph, "employer" means any person, institution, organization, or other entity that pays salary or wages for work performed or that has control over employment opportunities, including:
(1)
a person, institution, organization, or other entity to whom the employer has delegated the performance of employment-related responsibilities,
(2)
the State of Oklahoma,
(3)
any political subdivision within the State of Oklahoma,
(4)
any successor in interest to a person, institution, organization, or other entity referred to in this subparagraph, and
(5)
a person, institution, organization, or other entity that has denied initial employment in violation of Section 7 of this act.
b.
Where a soldier or airman of the Oklahoma National Guard performs his or her duty as an Active Guard and Reserve program participant or where a National Guard technician is employed under 32 U.S.C., Section 709, "employer" does not mean the Adjutant General.
c.
Where a National Guard technician is employed under 32 U.S.C., Section 709, "employer" means the Adjutant General.
d.
(1)
Whether the term "successor in interest" applies with respect to an entity described in division (4) of subparagraph a of this paragraph shall be determined on a case-by-case basis using a multifactor test that considers the following factors:
(a)
substantial continuity of business operations,
(b)
use of the same or similar facilities,
(c)
continuity of workforce,
(d)
similarity of jobs and working conditions,
(e)
similarity of supervisory personnel,
(f)
similarity of machinery, equipment, and production methods, and
(g)
similarity of products or services.
(2)
The entity's lack of notice or awareness of a potential or pending claim under the Oklahoma Uniformed Services Employment and Reemployment Rights Act at the time of a merger, acquisition, or other form of succession shall not be considered when applying the multifactor test under division (1) of this subparagraph;
7. "Health plan" means an insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or other arrangement under which health services for individuals are provided or the expenses of such services are paid;
8. "Notice" means any written or verbal notification of an obligation or intention to perform service in the state military forces provided to an employer by the employee who will perform such service or by the state military force component in which the service is to be performed;
9. "Political subdivision" means the seventy-seven counties of the state, incorporated municipalities, including both cities and towns, and all public entities or instrumentalities, including, but not limited to, municipal corporations, municipal sewer and water authorities, public trusts and public authorities in the state which are not a state agency, an executive officer, the legislative branch or the judicial branch of the state. Political subdivisions include, but are not limited to, special districts, authorities and instrumentalities such as school districts, fire protection districts, conservation districts, water and sewer districts, emergency medical service districts and airport and housing authorities;
10. "Qualified", with respect to an employment position, means having the ability to perform the essential tasks of the position;
11. "Reasonable efforts", in actions required of an employer under the Oklahoma Uniformed Services Employment and Reemployment Rights Act, means actions, including training, provided by an employer which do not place an undue hardship on the employer;
12. "Secretary concerned" means either the Secretary of the Army or the Secretary of the Air Force as the context requires;
13. "Seniority" means longevity in employment together with any benefits of employment which accrue with, or are determined by, longevity in employment;
14. "Service in the state military forces" means the performance of duty on a voluntary or involuntary basis in the state military forces under competent authority when ordered to "state active duty" or "Title 32 active duty" as defined in Section 801 of Title 44 of the Oklahoma Statutes;
15. "State" means the State of Oklahoma;
16. "State agency" includes any executive branch agency within the state, whether appropriated or nonappropriated, established either by the Oklahoma Constitution or by the Oklahoma Statutes, including the Oklahoma Military Department with respect to the state employees employed by the Oklahoma Military Department;
17. "State government" means any state agency, the legislative branch of the state, and the judicial branch of the state;
18. "State military forces" shall be defined in accordance with Section 801 of Title 44 of the Oklahoma Statutes; and
19. "Undue hardship", in actions taken by an employer, means actions requiring significant difficulty or expense, when considered in light of:
a.
the nature and cost of the action needed,
b.
the overall financial resources of the facility or facilities involved in the provision of the action, the number of persons employed at the facility, the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility,
c.
the overall financial resources of the employer; the overall size of the business of an employer with respect to the number of its employees; or the number, type, and location of its facilities, and
d.
the type of operation or operations of the employer, including the composition, structure, and functions of the workforce of such employer; or the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the employer.
Added by Laws 2021, c. 122, § 5, emerg. eff. April 21, 2021.