reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 40. Labor › §40-4-608. Reed Act distributions.

REED ACT DISTRIBUTIONS.
A. Monies credited to the account of this state in the Unemployment Trust Fund, described in Section 3-605 of this title, by the Secretary of the Treasury of the United States pursuant to 42 U.S.C., Section 1103, may be used for the payment of unemployment benefits to qualified claimants in this state, or may be appropriated by the Legislature following the procedure set out in 42 U.S.C., Section 1103 (c)(2), for the administration of the unemployment compensation law and public employment offices in this state.
B. Monies credited to the account of this state in the Unemployment Trust Fund, described in Section 3-605 of this title, by the Secretary of the Treasury of the United States pursuant to 42 U.S.C., Section 1103, with respect to federal fiscal years 1999, 2000, and 2001, shall be used solely for the administration of the Unemployment Compensation Program in this state.
Added by Laws 1998, c. 161, § 13, eff. July 1, 1998. Amended by Laws 2002, c. 452, § 28, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-703. Reimbursements to be deemed benefits.

REIMBURSEMENTS TO BE DEEMED BENEFITS. Reimbursements paid from the fund pursuant to subsection (3) of Section 4-702 of this act shall be deemed to be benefits for the purpose of this act. The Commission is authorized to make to other state or federal agencies and to receive from such other state or federal agencies reimbursements from or to the fund in accordance with arrangements entered into pursuant to Section 4-702 of this act.
Added by Laws 1980, c. 323, § 4-703, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-704. Cooperation authorized.

COOPERATION AUTHORIZED. The administration of this act and of other state and federal unemployment compensation and public employment service laws will be promoted by cooperation between this state and such other states and the appropriate federal agencies in exchanging services, and making available facilities and information. The Commission is therefore authorized to make such investigations, secure and transmit such information, make available such services and facilities and exercise such of the other powers provided herein with respect to the administration of this act as it deems necessary or appropriate to facilitate the administration of any such unemployment compensation or public employment service law, and, in like manner, to accept and utilize information, services and facilities made available to this state by the agency charged with the administration of any such other unemployment compensation or public employment service law.
Added by Laws 1980, c. 323, § 4-704, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-705. Cooperative arrangements with foreign governments.

COOPERATIVE ARRANGEMENTS WITH FOREIGN GOVERNMENTS. To the extent permissible under the laws and Constitution of the United States, the Commission is authorized to enter into or cooperate in arrangements whereby facilities and services provided under the unemployment compensation law of any foreign government, may be utilized for the taking of claims and the payment of benefits under the employment security law of this state or under a similar law of such government.
Added by Laws 1980, c. 323, § 4-705, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-802. Establishment.

ESTABLISHMENT. The Oklahoma State Employment Service is hereby established in the Employment Security Division of the Commission. The Commission, in the conduct of such service, shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this act and for the purposes of performing such functions as are within the purview of the Act of Congress entitled "An Act to provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system, and for other purposes," approved June 6, 1933, (48 Stat. 113; U.S.C., title 29, Section 49 (c)) as amended, hereinafter referred to as the "Wagner-Peyser Act." The provisions of the said Act of Congress are hereby accepted by this state, and the Commission is hereby designated and constituted the agency of this state for the purposes of said act.
Added by Laws 1980, c. 323, § 4-802, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-803. Moneys to be paid into the Employment Security 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.
Added by Laws 1980, c. 323, § 4-803, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-804. Cooperative agreements.

COOPERATIVE AGREEMENTS. For the purpose of establishing and maintaining free public employment offices, and promoting the use of their facilities, the Commission is authorized to enter into agreements with the Railroad Retirement Board, or any other agency of the United States, or of this or any other state, charged with the administration of any law whose purposes are reasonably related to the purposes of this act, and as a part of such agreements may accept moneys, services or quarters as a contribution to the maintenance of the state system of public employment offices or as reimbursement for services performed. All moneys received for such purposes shall be paid into the Employment Security Administration Fund.
Added by Laws 1980, c. 323, § 4-804, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-901. Oklahoma Employment Security Commission Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Employment Security Commission, to be designated the "Oklahoma Employment Security Commission Revolving Fund". The revolving fund shall consist of all penalties and interest received by the Oklahoma Employment Security Commission. Said revolving fund shall be a continuing fund, not subject to fiscal year limitations and shall not be subject to legislative appropriation. Expenditures from said revolving fund shall be made pursuant to the laws of this state and the statutes relating to the Oklahoma Employment Security Commission and shall be for administration expenses of the Oklahoma Employment Security Commission and for any other purpose which the Legislature directs. Warrants for expenditures from said fund shall be drawn by the State Treasurer, based on claims signed by an authorized employee or employees of the Oklahoma Employment Security Commission and approved for payment by the Director of the Office of Management and Enterprise Services.
Added by Laws 1986, c. 205, § 10, emerg. eff. June 6, 1986. Amended by Laws 1989, c. 313, § 10, operative July 1, 1989; Laws 2012, c. 304, § 133.
2023 Oklahoma Statutes › Title 40. Labor › §40-5-102. False statement for benefits, failure to disclose material fact.

FALSE STATEMENT FOR BENEFITS, FAILURE TO DISCLOSE MATERIAL FACT.
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 the individual or for any other person, shall, upon conviction, 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 more than ninety (90) days, or by both such fine and imprisonment; and each such false statement or representation or failure to disclose a material fact shall constitute a separate offense for each week of benefits.
B. If a person is convicted of the crime described in subsection A of this section in a particular benefit year, and in any subsequent benefit year that person again commits the crime described in subsection A of this section, that person shall be guilty of a misdemeanor and shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for not more than one hundred eighty (180) days, or by both fine and imprisonment. Each such false statement or representation or failure to disclose a material fact shall constitute a separate offense for each week of benefits.
C. Upon conviction sentences may be suspended or upon a plea of guilty judgment and sentencing may be deferred only upon the condition of full restitution to the Commission of all benefits so obtained or the excess of any benefits so increased.
Added by Laws 1980, c. 323, § 5-102, eff. July 1, 1980. Amended by Laws 2002, c. 452, § 29, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 40. Labor › §40-5-103. Violations by employers.

VIOLATIONS BY EMPLOYERS. Any employer or any officer or agent of an employer or any other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled thereto, or to avoid becoming or remaining a subject employer or to avoid or reduce any contribution or other payment required from an employing unit under this act or under the unemployment compensation law of any state or of the federal government, or who willfully fails or refuses to make or to furnish any reports required hereunder or to produce or permit the inspection or copying of records as required hereunder, shall be guilty of a misdemeanor and shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for not longer than ninety (90) days, or by both fine and imprisonment; and each such false statement or representation or failure to disclose a material fact, and each day of such failure or refusal shall constitute a separate offense.
Added by Laws 1980, c. 323, § 5-103, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-5-104. Violations of act, and regulations for which no specific penalty is otherwise provided.

VIOLATIONS OF ACT, AND REGULATIONS FOR WHICH NO SPECIFIC PENALTY IS OTHERWISE PROVIDED. Any person who shall willfully 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 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.
Added by Laws 1980, c. 323, § 5-104, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-5-107. Wrongful disclosure of information.

WRONGFUL DISCLOSURE OF INFORMATION.
If any employee or member of the Board of Review or the Oklahoma Employment Security Commission or any employee of the Commission, or any employee of a governmental unit, private business or nonprofit entity that is allowed access to information under Section 4-508 of this title, makes any disclosure of confidential information or otherwise violates Section 4-508 of this title, or if any person who has obtained any list of applicants for work, or of claimants or recipients of benefits, under Section 5-101 et seq. of this title shall use or permit the use of such list for any political purpose, such individual shall be guilty of a 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.
Added by Laws 1980, c. 323, § 5-107, eff. July 1, 1980. Amended by Laws 2021, c. 424, § 18, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 40. Labor › §40-5-108. Other penalties in this act.

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
Added by Laws 1980, c. 323, § 5-108, eff. July 1, 1980. Amended by Laws 2005, c. 182, § 13, eff. Nov. 1, 2005; Laws 2012, c. 196, § 16, emerg. eff. May 8, 2012.
2023 Oklahoma Statutes › Title 40. Labor › §40-5-202. Civil actions.

CIVIL ACTIONS. In any civil action to enforce the provisions of this act the Commission, the Board of Review, and the state may be represented by any qualified attorney who is employed by the Commission and is designated by it for this purpose, or at the Commission's request by the Attorney General, or if the action is brought in the courts of any other state by any attorney qualified to appear in the courts of that state.
Added by Laws 1980, c. 323, § 5-202, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-5-203. Criminal actions.

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.
Added by Laws 1980, c. 323, § 5-203, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-6-101. OESC Computer Fund.

OESC COMPUTER FUND.
A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Employment Security Commission to be designated the "OESC Computer Fund". The OESC Computer Fund shall be separate and distinct from the Unemployment Compensation Fund and shall consist of:
1. All monies received from employers and paid pursuant to Section 6-104 of this title;
2. All other sums, from whatever source, received by the Commission and paid into the OESC Computer Fund; and
3. Property and securities acquired by and through the use of monies in the OESC Computer Fund.
B. The OESC Computer Fund shall be a continuing fund, not subject to fiscal year limitations. All monies accruing to the credit of the OESC Computer Fund are hereby appropriated and may be budgeted and expended for the purposes set forth in Section 6-102 of this title. Expenditures from the OESC Computer Fund shall be made upon warrants issued by the State Treasurer against claims filed, as prescribed by law, with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 1997, c. 391, § 4, eff. July 1, 1997. Amended by Laws 2012, c. 304, § 134.
2023 Oklahoma Statutes › Title 40. Labor › §40-6-102. Expenditures from fund.

EXPENDITURES FROM FUND.
A. The monies in the OESC Computer Fund shall be used for the following purposes:
1. To purchase or lease a new computer system for the Oklahoma Employment Security Commission to be used in its mission to provide an employment service, unemployment insurance, and economic research for the citizens of this state as well as the administration of these programs;
2. To purchase or lease any auxiliary or peripheral equipment necessary for the operation of the new computer system;
3. To purchase or lease any and all software needed for the operation of the new computer system;
4. To pay for all computer programming and analysis necessary to make the new computer system operational;
5. To pay for all designing, engineering, planning, networking, and training to make the new computer system operational;
6. To pay for all shipping and installation charges for the computer system and its auxiliary and peripheral equipment; and
7. To make refunds of contributions erroneously collected and deposited in the OESC Computer Fund.
B. If any money remains in this fund after the new computer system has been brought on line and made fully operational, that excess money shall be transferred to the Unemployment Compensation Fund.
C. If the Commission receives a grant from the United States Department of Labor to be used to make the Commission's computer system compliant with the year 2000, or if the Commission receives a grant from the United States Department of Labor to upgrade or modify its Interactive Voice Response System (IVRS), then the Commission will, upon receipt of the federal grant money, deduct an equal amount of money from the OESC Computer Fund and transfer it to the Unemployment Compensation Fund.
Added by Laws 1997, c. 391, § 5, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 40. Labor › §40-6-103. Custodian and treasurer of fund.

CUSTODIAN AND TREASURER OF FUND.
A. The State Treasurer shall be the custodian and treasurer of the OESC Computer Fund.
B. The State Treasurer shall deposit the monies belonging to the OESC Computer Fund, that are in his or her custody, subject to the provisions of Section 7 of this act.
C. The State Treasurer, as custodian of the OESC Computer Fund, shall hold, invest, transfer, sell, deposit, and release those monies, properties, or securities in a manner approved by the Oklahoma Employment Security Commission. Provided, however, that those monies shall be invested in the classes of securities legal for investment of public monies of this state. Provided further, the investment shall at all times be so made that all assets of the OESC Computer Fund shall always be readily convertible into cash when needed for any expenditure authorized in Section 5 of this act.
Added by Laws 1997, c. 391, § 6, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 40. Labor › §40-6-104. Computer fund assessments.

COMPUTER FUND ASSESSMENTS.
A. 1. For the period from July 1, 1997, to June 30, 1998, each employer subject to the provisions of Sections 3-103, 3-109 and 3-110 of Title 40 of the Oklahoma Statutes shall be required to pay an OESC Computer Fund assessment equal to fifty percent (50%) of the unemployment contributions that would be owed to the Oklahoma Employment Security Commission before any rate reduction is made pursuant to Section 3 of this act. This assessment shall be in addition to any contribution which that employer is required to make pursuant to the provisions of the Employment Security Act of 1980.
2. The assessment provided for in this section shall not be considered part of any contribution required of an individual employer pursuant to the Employment Security Act of 1980, nor shall it be considered for purposes of determining the individual employers contribution rate.
B. Employers assigned a tax rate pursuant to Sections 3-103 and 3-110 of Title 40 of the Oklahoma Statutes shall pay an OESC Computer Fund assessment equal to the rate reduction granted them pursuant to Section 3 of this act.
C. Employers who qualify for an earned rate calculated pursuant to Section 3-109 of Title 40 of the Oklahoma Statutes, and are given a rate of five and one-half percent (5.5%), shall be exempt from the provisions of this section.
D. Employers making payments in lieu of contributions pursuant to Sections 3-702, 3-705 and 3-806 of Title 40 of the Oklahoma Statutes shall be exempt from the provisions of this section.
E. The assessment shall be made and collected by the Oklahoma Employment Security Commission for deposit, on a quarterly basis, to the credit of the OESC Computer Fund. Provided, all monies received by the Oklahoma Employment Security Commission for the account of the OESC Computer Fund, upon receipt, shall be deposited in a clearance account in a financial institution located in this state.
F. Once the sum of Twenty Million Dollars ($20,000,000.00) is collected through this assessment, any amount of money collected through this assessment in excess of Twenty Million Dollars ($20,000,000.00) shall be transferred to the Unemployment Compensation Fund.
G. The Oklahoma Employment Security Commission shall promulgate such rules as may be necessary to implement the provisions of Sections 3 through 7 of this act.
Added by Laws 1997, c. 391, § 7, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 40. Labor › §40-6-201. OESC Technology Fund.

OESC TECHNOLOGY FUND.
A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Employment Security Commission to be designated the "OESC Technology Fund". The OESC Technology Fund shall be separate and distinct from the Unemployment Compensation Fund and shall consist of:
1. All monies received from employers and paid pursuant to Section 6-204 of this title; and
2. Financial instruments, certificates of deposit, bonds and securities acquired by and through the use of monies in the OESC Technology Fund.
B. The OESC Technology Fund shall be a continuing fund, not subject to fiscal year limitations. All monies accruing to the credit of the OESC Technology Fund are hereby appropriated and shall be budgeted and expended solely for the purposes of modernizing the business processes and technology of the Oklahoma Employment Security Commission as set forth in Section 6-202 of this title. Expenditures from the OESC Technology Fund shall be made upon warrants issued by the State Treasurer against claims filed, as prescribed by law, with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2017, c. 345, § 9, eff. July 1, 2017. Amended by Laws 2019, c. 251, § 11, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 40. Labor › §40-6-202. Expenditures from fund.

EXPENDITURES FROM FUND.
A. The monies in the OESC Technology Fund shall be used for the following purposes:
1. To purchase or lease new technology systems hardware for the Oklahoma Employment Security Commission to be used in its mission to provide employment services, unemployment insurance and economic research for the citizens of this state as well as the administration of these programs;
2. To purchase or lease any auxiliary or peripheral equipment necessary for the operation of the new technology systems;
3. To pay for the maintenance of all OESC technology system hardware;
4. To purchase or lease any and all software needed for the operation of the new technology systems;
5. To pay for all OESC technology system software license fees;
6. To pay for all programming and analysis necessary to make the new technology system operational;
7. To pay for all testing, designing, engineering, planning, networking and training to make the new technology system operational;
8. To pay for all shipping and installation charges for the technology system and its auxiliary and peripheral equipment;
9. To contract with vendors and hire personnel as necessary to accomplish the modernization effort;
10. To analyze business processes and develop requirements for Requests for Proposals;
11. To fund project planning, project management, strategy development and project consulting services; and
12. To make refunds of money erroneously collected and deposited in the OESC Technology Fund.
B. Prior to expenditures authorized by paragraphs 1, 4, 6, 7, 9, 10 and 11 of subsection A of this section, the Chief Information Officer of the Office of Management and Enterprise Services shall be consulted for recommendations. The Office of Management and Enterprise Services shall provide periodic oversight of the technology modernization efforts and may assist the Oklahoma Employment Security Commission in any manner necessary to accomplish the purposes of this fund, including requiring the Oklahoma Employment Security Commission to provide regular reports to the Office of Management and Enterprise Services on the technology modernization efforts.
Added by Laws 2017, c. 345, § 10, eff. July 1, 2017. Amended by Laws 2023, c. 346, § 5, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 40. Labor › §40-6-203. Custodian and treasurer of fund.

CUSTODIAN AND TREASURER OF FUND.
A. The State Treasurer shall be the custodian and treasurer of the OESC Technology Fund.
B. The State Treasurer shall deposit the monies belonging to the OESC Technology Fund that are in his or her custody subject to the provisions of Section 6-204 of this title.
C. The State Treasurer, as custodian of the OESC Technology Fund, shall hold, invest, transfer, sell, deposit and release those monies, properties or securities in a manner approved by the Oklahoma Employment Security Commission. Provided, however, that those monies shall be invested in the classes of securities legal for investment of public monies of this state. Provided further, the investment shall at all times be so made that all assets of the OESC Technology Fund shall always be readily convertible into cash when needed for any expenditure authorized in Section 6-202 of this title.
Added by Laws 2017, c. 345, § 11, eff. July 1, 2017. Amended by Laws 2019, c. 251, § 12, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 40. Labor › §40-6-204. Technology reinvestment apportionment.

TECHNOLOGY REINVESTMENT APPORTIONMENT.
A. 1. For the period beginning January 1, 2023, and ending December 31, 2027, each employer subject to the provisions of Sections 3-109, 3-110.1 and 3-113 of this title shall be required to pay an OESC Technology Reinvestment Apportionment equal to five percent (5%) of the unemployment taxes that would be owed to the Oklahoma Employment Security Commission before any rate reduction is made pursuant to Section 3-109.3 of this title. This apportionment shall be in addition to any contribution which that employer is required to make pursuant to the provisions of the Employment Security Act of 1980.
2. The apportionment provided for in this section shall not be considered part of any unemployment taxes required of an individual employer pursuant to the Employment Security Act of 1980, nor shall it be considered for purposes of determining the individual employer's tax rate.
B. Employers assigned a tax rate pursuant to Section 3-110.1 of this title shall pay an OESC Technology Reinvestment Apportionment equal to the rate reduction granted them pursuant to Section 3-109.3 of this title.
C. Employers making payments in lieu of contributions pursuant to Sections 3-702, 3-705 and 3-806 of this title shall be exempt from the provisions of this section.
D. The apportionment shall be made and collected by the Oklahoma Employment Security Commission for deposit, on a monthly basis, to the credit of the OESC Technology Fund. Provided, all monies received by the Oklahoma Employment Security Commission for the account of the OESC Technology Fund, upon receipt, shall be deposited in a clearance account.
E. The Oklahoma Employment Security Commission shall promulgate such rules as may be necessary to implement the provisions of Sections 3-109.3 and 6-201 through 6-205 of this title.
F. The Oklahoma Employment Security Commission shall create an annual report detailing the collection of the apportionment funds and the expenditures from the OESC Technology Fund. The report shall be filed on or before March 31 of each year following the effective date of this act. The report shall be filed with the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the State Treasurer, the State Auditor and Inspector, and the Director of the Office of Management and Enterprise Services.
Added by Laws 2017, c. 345, § 12, eff. July 1, 2017. Amended by Laws 2019, c. 251, § 13, eff. July 1, 2019; Laws 2023, c. 346, § 6, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 40. Labor › §40-6-205. Technology Fund balance.

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 ($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.
Added by Laws 2017, c. 345, § 13, eff. July 1, 2017. Amended by Laws 2023, c. 346, § 7, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 40. Labor › §40-9-101. Effective date.

EFFECTIVE DATE. (1) Except as otherwise provided in this article, this act becomes effective on July 1, 1980.
(2) Article 4 on Administration takes effect upon enactment of this act.
(3) Part 6 of Article 2 on Appeals takes effect on October 1, 1980; provided however, the Oklahoma Employment Security Commission may by resolution provide that Part 6 of Article 2 on Appeals becomes effective at an earlier date than October 1, 1980, if the Commission by resolution adopts an earlier date.
Added by Laws 1980, c. 323, § 9-101, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-9-102. Repeal.

REPEAL. The Oklahoma Employment Security Act, 40 O.S. 1971, Sections 211 through 238.1, both inclusive, as amended, is hereby repealed subject to the provisions of Section 9-103, except that 40 O.S. 1971, Section 226 (a) and (b) are not repealed.
Added by Laws 1980, c. 323, § 9-102, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-9-103. Transitional provisions.

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.
Added by Laws 1980, c. 323, § 9-103, eff. July 1, 1980. Amended by Laws 2010, c. 216, § 15, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 40. Labor › §40-9-104. Emergency.

EMERGENCY. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Added by Laws 1980, c. 323, § 9-104, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-46. Refusal of service to employer not fulfilling contracts.

Any court of competent jurisdiction, after having determined that any employer in this state is not fulfilling contracts made through employment agents, may order all employment agents in the state to refuse further service to such employer.
Added by Laws 1917, c. 181, p. 342, § 11. Amended by Laws 2017, c. 51, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 40. Labor › §40-47. Bringing in or transferring persons for purpose of employment through employment agency.

Every person, company, corporation or association doing business in this state, who shall have persons brought into this state or transferred from one point to another within the state, for the purpose of employment through or by means of any employment agency operating in this or any other state, shall immediately fulfill the terms of the contract made between such persons shipped in for the purpose of employment and the employment agency, or shall, within twelve (12) hours after the arrival of such persons desiring employment, in case of failure or refusal to furnish such employment provide such persons with transportation to their original starting point, and such meals and lodging as may be necessary for the proper sustenance of such persons until they arrive at their destination. Failure to comply with this section shall subject the offending parties to a fine of not less than Fifty Dollars ($50.00), nor more than One Hundred Dollars ($100.00) for each offense.
Laws 1917, c. 181, p. 342, § 12.
2023 Oklahoma Statutes › Title 40. Labor › §40-54. Fees.

(a) The service fee charged for helping to secure permanent employment shall not exceed the following schedule: Fifteen percent (15%) of the first full month's gross compensation if the position pays Seventy-nine Dollars and ninety-nine cents ($79.99) or less; twenty percent (20%) of the first full month's gross compensation if the position pays Eighty Dollars ($80.00) through One Hundred Nineteen Dollars and ninety-nine cents ($119.99); thirty percent (30%) of the first full month's gross compensation if the position pays One Hundred Twenty Dollars ($120.00) through One Hundred Forty-nine Dollars and ninety-nine cents ($149.99); forty percent (40%) of the first full month's gross compensation if the position pays One Hundred Fifty Dollars ($150.00) through Two Hundred Seventy-four Dollars and ninety-nine cents ($274.99); forty-five percent (45%) of the first full month's gross compensation if the position pays Two Hundred Seventy-five Dollars ($275.00) through Four Hundred Ninety-nine Dollars and ninety-nine cents ($499.99). For procuring employment paying gross compensation of Five Hundred Dollars ($500.00) or more per month, the fee shall be determined by written agreement between all parties concerned. The fee schedule shall be posted in a conspicuous place in each employment agency office.
(b) In no event shall the fee for temporary employment exceed that for permanent placement. Any period of employment terminating at any time within sixty (60) days from the date of employment shall constitute temporary employment and a fee of not more than twenty percent (20%) of the amount earned shall be charged. All employment exceeding sixty (60) days' duration shall be considered a permanent placement. No licensed employment agency shall collect a fee before an applicant has obtained employment. No fee shall be charged for registering with an employment agency or for instituting a search or investigation, or for other employment-related aids. Where the remuneration is in the form of a straight commission, the first three (3) months' gross earnings shall be divided by three to establish an average monthly compensation against which to compute the fee. No finance company or other purchaser of employment contracts shall be considered a holder in due course of such paper until after the temporary employment period shall have run and permanent employment shall have been established, and in no event shall the applicant for employment be liable for any charge to a finance company in addition to the legal placement fee as hereinabove set forth.
(c) This section shall not apply to an employment agency acting as a search consultant that is retained and compensated solely by the employer on a retainer or consulting basis.
Added by Laws 1967, c. 384, § 3, emerg. eff. May 23, 1967. Amended by Laws 1977, c. 11, § 1; Laws 1982, c. 313, § 1, operative Oct. 1, 1982; Laws 2017, c. 51, § 3, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 40. Labor › §40-57. Enforcement.

Any applicant or employee may seek criminal enforcement of this act through request made to any district attorney or the Attorney General of the State of Oklahoma. Any person convicted of violating the provisions of this act shall be guilty of a misdemeanor and shall be fined not less than Fifty Dollars ($50.00), nor more than One Hundred Dollars ($100.00), or the fee charged for the service, whichever is greater, for each offense, or be imprisoned in the county jail for a period of not exceeding six (6) months, or both such fine and imprisonment, at the discretion of the court.
Added by Laws 1967, c. 384, § 6, emerg. eff. May 23, 1967.
Amended by Laws 1974, c. 62, § 3; Laws 2017, c. 51, § 5, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 40. Labor › §40-61. Disclosure of information by employer - Presumption of good 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.
Added by Laws 1995, c. 340, § 22, eff. July 1, 1995. Amended by Laws 1998, c. 235, § 1, eff. July 1, 1998.
2023 Oklahoma Statutes › Title 40. Labor › §40-71. Restrictions on employment of children under sixteen.

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 defined by law or by final judgment in a court of competent jurisdiction as safe for health, morals, life or limb.
R.L.1910, § 3728; Laws 1929, c. 35, p. 35, § 1; Laws 1978, c. 244, § 11, eff. July 1, 1978; Laws 1991, c. 172, § 1, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 40. Labor › §40-72.1. Occupations prohibited for children under sixteen.

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.
Added by Laws 1991, c. 172, § 2, eff. Sept. 1, 1991. Amended by Laws 1991, c. 295, § 4, eff. Sept. 1, 1991; Laws 2015, c. 39, § 1, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 40. Labor › §40-74. Educational qualifications required of child before employment.

No child under the age of sixteen (16) years shall be employed or permitted to work in any of the occupations specified in Section 71 of this title unless such child is able to read and write, or shall have attended some school during the preceding year for the time that attendance is compulsory under the laws.
R.L.1910, § 3731; Laws 1991, c. 172, § 3, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 40. Labor › §40-75. Hours of employment of children - Rest periods.

A. No child under the age of sixteen (16) years shall be employed or permitted to work in any gainful occupation, other than agriculture or domestic service, for more than:
1. Three (3) hours in any one (1) school day, except that if the employer is not covered by the Fair Labor Standards Act, a child may work eight (8) hours or less on a school day which precedes a nonschool day;
2. Eight (8) hours on a nonschool day;
3. Eighteen (18) hours in any one (1) week when school is in session; or
4. Forty (40) hours in any one (1) week when school is not in session, except that if the employer is not covered by the Fair Labor Standards Act, a child may work forty (40) hours in any one (1) week when school is in session if attendance is not compulsory.
B. As used in this section, "in session" means the period beginning on the first Tuesday after Labor Day through May 31 of the following year.
C. Children under the age of sixteen (16) years must be permitted a one (1) hour cumulative rest period for each eight (8) consecutive hours worked. However, no such child shall work more than five (5) consecutive hours unless permitted a one-half (1/2) hour cumulative rest period.
R.L. 1910, § 3732. Amended by Laws 1991, c. 172, § 4, eff. Sept. 1, 1991; Laws 1993, c. 137, § 1, eff. Sept. 1, 1993; Laws 1997, c. 391, § 8, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 40. Labor › §40-76. Night work.

No person under the age of sixteen (16) years shall be employed or permitted to work in any of the occupations set out in Section 71 of this title between the hours of seven o'clock p.m. and seven o'clock a.m.; except, during the summer (June 1 through Labor Day) and, if the employer is not covered by the Fair Labor Standards Act, during the remainder of the year on days followed by a nonschool day when the prohibited hours will be between the hours of nine o'clock p.m. and seven o'clock a.m.
R.L. 1910, § 3733; Laws 1929, c. 35, p. 35, § 2; Laws 1955, p. 240, § 1; Laws 1976, c. 151, § 1; Laws 1991, c. 172, § 5, eff. Sept. 1, 1991; Laws 1993, c. 137, § 2, eff. Sept. 1, 1993.
2023 Oklahoma Statutes › Title 40. Labor › §40-77. Schooling certificates - Duties of employers.

Before any child under the age of sixteen (16) years shall be employed in any occupation specified in Section 71 of this title, it shall be the duty of the parent or guardian of such child to procure and furnish the employer of such child an age and schooling certificate as hereinafter provided in this article. It shall be the duty of every person, firm or corporation owning or operating any of the establishments specified in Section 71 of this title, or employers in such occupation, to keep on file for the inspection of the Commissioner or his designee, truant officers, or other persons charged with the administration of this article, such age and schooling certificate, for every child under sixteen (16) years of age employed in such occupation, and to keep on file where such children are employed a register with a complete list of children under sixteen (16) years of age so employed, together with the age of each child as set forth in the age and schooling certificate opposite the name of such child, and also to keep on file in such place or establishment, in such form as the Commissioner or his designee may prescribe, the time of opening and closing of such factory or other establishment, the number of hours of labor required or permitted in such establishment, the hours of commencing and stopping work, and the time allowed for meals, and, if there be two or more shifts in such establishment, the number of hours in each shift during which the employees are required or permitted to work. On termination of the employment of a child so registered, and whose certificate is so filed, such certificate shall be forthwith surrendered by the employer to the child or its parent, guardian or custodian; provided that this section shall not apply to the employment of children who are not residents of the State of Oklahoma, to perform in any duly licensed theatre, motion picture theatre or other place of public amusement.
R.L.1910, § 3734; Laws 1929, c. 35, p. 36, § 3; Laws 1991, c. 172, § 6, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 40. Labor › §40-78. Evidence of age of child - Certificate of physical fitness.

The Commissioner or his designee, truant officer, or other person charged with the administration of this article, may make demand on an employer in whose factory or establishment a child apparently under the age of sixteen (16) years is employed or permitted or suffered to work, and whose employment certificate is not then filed as required by this section, that such employer shall either furnish him, within ten (10) days, evidence satisfactory to him that such child is in fact over sixteen (16) years of age, or shall cease to employ or permit or suffer such child to work in such factory or establishment. Such officer may require from such employer the same evidence of age of such child as is required on the issuance of an employment certificate; and the employer furnishing such evidence shall not be required to furnish any further evidence of the age of the child. In case such employer shall fail to produce and deliver to such officer, within ten (10) days after such demand, such evidence of age herein required by him, and shall thereafter continue to employ such child to work in such factory or establishment, proof of the giving of such notice and of such failure to produce and file such evidence shall be prima facie evidence in any prosecution brought for violation of this provision of this article that such child is under sixteen (16) years of age and is unlawfully employed: Provided, that the Commissioner or his designee shall have the power to demand a certificate of physical fitness from some licensed physician in good standing in this state in case of children who may appear to him physically unable to perform the labor at which they may be engaged, and shall have power to prohibit the employment of any minor that cannot obtain such a certificate.
R.L.1910, § 3735; Laws 1991, c. 172, § 7, eff. Sept. 1, 1991.