0 chapters · 258 sections in this title.
40 O.S. § 196.5 Unconstitutional – Repealed
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NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S. 1991, §§ 196.1 through 196.14) was held unconstitutional in the case of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor, Okla., 918 P.2d 26 (1995). NOTE: This section repealed by Laws 2015, c. 71, § 1…
40 O.S. § 196.5a Repealed by Laws 1988, c. 225, § 26
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40 O.S. § 196.5a Repealed by Laws 1988, c. 225, § 26
40 O.S. § 196.5b Unconstitutional – Repealed
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NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S. 1991, §§ 196.1 through 196.14) was held unconstitutional in the case of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor, Okla., 918 P.2d 26 (1995). NOTE: This section repealed by Laws 2015, c. 71, § 1…
40 O.S. § 196.6 Unconstitutional – Repealed
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NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S. 1991, §§ 196.1 through 196.14) was held unconstitutional in the case of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor, Okla., 918 P.2d 26 (1995). NOTE: This section repealed by Laws 2015, c. 71, § 1…
40 O.S. § 196.7 Unconstitutional – Repealed
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NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S. 1991, §§ 196.1 through 196.14) was held unconstitutional in the case of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor, Okla., 918 P.2d 26 (1995). NOTE: This section repealed by Laws 2015, c. 71, § 1…
40 O.S. § 196.8 Unconstitutional – Repealed
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NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S. 1991, §§ 196.1 through 196.14) was held unconstitutional in the case of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor, Okla., 918 P.2d 26 (1995). NOTE: This section repealed by Laws 2015, c. 71, § 1…
40 O.S. § 196.9 Unconstitutional – Repealed
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NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S. 1991, §§ 196.1 through 196.14) was held unconstitutional in the case of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor, Okla., 918 P.2d 26 (1995). NOTE: This section repealed by Laws 2015, c. 71, § 1…
40 O.S. § 196.9a Unconstitutional – Repealed
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NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S. 1991, §§ 196.1 through 196.14) was held unconstitutional in the case of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor, Okla., 918 P.2d 26 (1995). NOTE: This section repealed by Laws 2015, c. 71, § 1…
40 O.S. § 197.1 Declarations
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The welfare of the State of Oklahoma demands that the working people of Oklahoma be protected from conditions of labor which have a pernicious effect on their health or morals. The State of Oklahoma, therefore, exercising herein its police and sovereign power, declares that inade…
40 O.S. § 197.10 Assignment of wage claim
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At the request of any employee who has been found by the Commissioner to have been paid wages less than those to which such employee is entitled, under or by virtue of this act, the Commissioner shall take an assignment of such wage claim in trust for the assigning employee and s…
40 O.S. § 197.11 Exceptions
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The Commissioner, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by regulations provide for: (a) the employment of learners, of apprentices, and of messengers employed primarily in delivering letters and messages, under special cert…
40 O.S. § 197.12 Rules, regulations and standards
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The Commissioner is hereby authorized and empowered to adopt such rules, regulations and standards as he deems necessary and appropriate to carry out the provisions of this act; provided that the adoption of all such rules, regulations and standards and all administrative proceed…
40 O.S. § 197.13 Penalty for failure to pay minimum compensation
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Any employer, or the officer or agent of any corporation, who pays or agrees to pay to any employee less than the rate of compensation required by Sections 197.2 and 197.5 of this title, upon conviction, shall be guilty of a misdemeanor and shall be punished by a fine of not more…
40 O.S. § 197.14 Penalty for failure to post notice
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Any employer failing to post the notice required by Section 6 of this act shall be punished by a fine of not to exceed Twenty-five Dollars ($25.00), and each week he fails to post such notice shall constitute a separate offense. Laws 1965, c. 427, § 14, emerg. eff. July 8, 1965.
40 O.S. § 197.15 Citation
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This act shall be known and may be cited as the "Oklahoma Minimum Wage Act". Laws 1965, c. 427, § 15, emerg. eff. July 8, 1965.
40 O.S. § 197.16 Tips, gratuities, meals or lodging - Credit for
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A. To compute the minimum wage of any employee coming within the purview of the Oklahoma Minimum Wage Act, credit toward the minimum required wage shall be given for any tips or gratuities, meals, or lodging received by the employee provided that the employer pays a cash wage of …
40 O.S. § 197.17 Uniforms - Credit for
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Business establishments that furnish uniforms to their employees may take credit against the minimum wage in an amount equal to the reasonable cost of furnishing the uniforms. Laws 1971, c. 70, § 3, eff. July 1, 1971.
40 O.S. § 197.2 Minimum wages established
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It shall be unlawful to employ workers in any industry or occupation within the State of Oklahoma under conditions of labor detrimental to their health or morals and it shall be unlawful to employ workers in any industry within the State of Oklahoma at wages which are not adequat…
40 O.S. § 197.3 Wage and Hour Commission - Membership - Tenure -
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Compensation - Chairman. A. The Wage and Hour Commission is hereby terminated and all powers and duties of such Commission are transferred to the Commissioner of Labor. All personnel, funds, financial obligations and encumbrances, records, equipment, furniture, fixtures, files an…
40 O.S. § 197.4 Definitions
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As used in this act: (a) "Commissioner" means the Commissioner of Labor; (b) "Wage" means compensation due to an employee by reason of his employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to su…
40 O.S. § 197.5 Employees covered by act
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Every employer shall pay to each of his employees who have reached eighteen (18) years of age wages at a rate of not less than Two Dollars ($2.00) per hour. Regardless of other provisions of the Oklahoma Minimum Wage Act, every employee of the State of Oklahoma or any lessee or c…
40 O.S. § 197.6 Posting of notice
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On and after August 1, 1965, every employer, subject to this act, shall post a notice or notices of the pertinent provisions of this act in such form as may be prescribed and furnished by the Commissioner of Labor. The notice shall be not less than eight and one-half (8 1/2) inch…
40 O.S. § 197.7 Investigation of complaints
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Upon verified complaint by an employee or former employee that an employer has violated the provisions of Section 197.5 of this title by failure to pay the minimum wage thereby established, the Commissioner, or his authorized representative, is hereby empowered to make such inves…
40 O.S. § 197.8 Findings - Payment of amount due
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The Commissioner, after investigation, shall promptly make his finding in writing as to whether or not additional wages are due the employee. If the Commissioner finds that additional wages are due, ten percent (10%) of such amount due shall be added as penalty for such wage defi…
40 O.S. § 197.9 Findings by court - Double damages - Costs and attorney
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fees - Defenses. Any employer who is found by a court of competent jurisdiction to have paid an employee wages less than those to which such employee is entitled, under or by virtue of this act, shall be liable to such employee for double the full amount of such wages, less any a…
40 O.S. § 198.1 Payment of discriminatory wages based on employee's sex
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prohibited. It shall be unlawful for any employer within the State of Oklahoma to willfully pay wages to women employees at a rate less than the rate at which he pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill…
40 O.S. § 198.2 Enforcement - Penalties
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It shall be the duty of the Commissioner of Labor to enforce the provisions of this act. Whenever the Commissioner is informed of any violations thereof, it shall be his duty to investigate same and, in his discretion, said Commissioner is hereby authorized to institute proceedin…
40 O.S. § 199 Certain actions against employees prohibited
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A. It shall be a misdemeanor for any employer, as defined in Section 165.1 of this title, or his agent to discharge, penalize or in any other manner discriminate against any employee because: 1. The employee has filed a complaint with his employer, or the Commissioner of Labor or…
40 O.S. § 199.1 Recruiting of employment to replace employees involved
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in a strike or lockout prohibited - Exceptions. It shall be unlawful for any person, partnership, agency, firm or corporation, labor organization or officer or agent thereof, to knowingly recruit, procure, supply or refer any person (excluding persons who are permanent employees …
40 O.S. § 199.2 Acceptance of employment to replace employees involved
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in a strike or lockout prohibited. It shall be unlawful for any person (excluding persons who are permanent employees of the employer involved in such strike or lockout) who has customarily and repeatedly offered himself for employment in place of employees involved in a strike o…
40 O.S. § 199.3 Notice as to strike or lockout
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It shall be unlawful for any person, partnership, agency, firm or corporation, or officer or agent thereof, to recruit, solicit or advertise for employees, or refer persons (excluding employees or persons who are permanent employees of the employer involved in such strike or lock…
40 O.S. § 199.4 Penalties
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Any person, partnership, agency, firm or corporation violating this act shall be guilty of a misdemeanor and shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in the county j…
40 O.S. § 200 Searches of employee-owned vehicles
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Employers of this state that conduct employee-owned vehicle searches of its employees shall conduct such search on the property of the employer only. Searches that are conducted on property not owned or rented by the employer shall require a search warrant issued according to law…
40 O.S. § 226 Penalties
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(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, eit…
40 O.S. § 3 Obstructing work of labor officials
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No person shall interfere with, obstruct or hinder by force or otherwise the Commissioner of Labor, his deputies, assistants, or special agents, or factory inspectors while in the performance of their duties, or refuse to properly answer questions asked by such officers pertainin…
40 O.S. § 35 Repealed by Laws 2017, c. 51, § 6, eff. Nov. 1, 2017
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40 O.S. § 35 Repealed by Laws 2017, c. 51, § 6, eff. Nov. 1, 2017
40 O.S. § 360 Short title - Oklahoma Employment First Act - Definitions
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A. This act shall be known and may be cited as the "Oklahoma Employment First Act". B. All state agencies shall coordinate efforts and shall collaborate within and among such agencies to ensure that state programs, policies, procedures and funding support competitive integrated e…
40 O.S. § 365 Rethinking Paying Subminimal Wage to Persons with
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Disabilities Task Force — Members — Responsibilities — Report. A. There is hereby created until November 1, 2027, the Rethinking Paying Subminimal Wage to Persons with Disabilities Task Force. B. The Task Force shall study and develop a plan to phase out the practice of paying wo…
40 O.S. § 38 Repealed by Laws 2017, c. 51, § 6, eff. Nov. 1, 2017
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40 O.S. § 38 Repealed by Laws 2017, c. 51, § 6, eff. Nov. 1, 2017
40 O.S. § 401 Short title
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Sections 401 through 424 of this title shall be known and may be cited as the Oklahoma Occupational Health and Safety Standards Act. Amended by Laws 1984, c. 147, § 1, operative July 1, 1984.
40 O.S. § 402 Occupational health and safety - Definitions
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As used in the Oklahoma Occupational Health and Safety Standards Act: 1. "Employer" means the state and all its political subdivisions which has in its employ one or more individuals performing services for it in employment; and 2. "Employee" means a person permitted to work by a…
40 O.S. § 403 Employer's duties and responsibilities
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A. Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees, commensurate with the Occupational Safety and Health Act of…
40 O.S. § 404 Removal or damage of safeguards - Failure to obey safety
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orders. No employee shall willfully remove, displace, damage, destroy or carry off any safety device or safeguard furnished or provided for use in any employment or place of employment, or interfere in any way with the use thereof by any other person. No employee or agent of empl…
40 O.S. § 405.1 Department of Labor Administrative Penalty Revolving
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Fund - Oklahoma Asbestos Control Act violations. A. There is hereby created in the State Treasury a revolving fund for the Department of Labor to be designated the "Department of Labor Administrative Penalty Revolving Fund". The fund shall be a continuing fund, not subject to fis…
40 O.S. § 405.2 Department of Labor Administrative Penalty Revolving
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Fund - Elevator Safety Act violations There is hereby created in the State Treasury a revolving fund for the Department of Labor to be designated the "Department of Labor Administrative Penalty Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limit…
40 O.S. § 407 Adoption of health and safety standards - Promulgation -
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Limitation. A. The Commissioner pursuant to the provisions of Sections 301 through 326 of Title 75 of the Oklahoma Statutes may prescribe, adopt, promulgate, amend and rescind health and safety standards, which shall be derived from national consensus standards designed for the p…
40 O.S. § 410 Administration and enforcement
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A. The Commissioner shall administer and enforce the provisions of the Oklahoma Occupational Health and Safety Standards Act. 1. It is not intended that the Oklahoma Occupational Health and Safety Standards Act be an issue or be involved in any labor dispute, or be used or assert…
40 O.S. § 412 Violations - Penalties
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A. Any person failing to comply with any standard or interfering with, impeding or obstructing in any manner the administration of standards pursuant to the provisions of the Oklahoma Occupational Health and Safety Standards Act, upon conviction, shall be guilty of a misdemeanor.…
40 O.S. § 413 Public policy
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The following is declared to be the public policy of the state:Occupation considerations recommend the establishment and implementation of effective injury control measures. A unified, continuing, professional effort is required. A dynamic program of health and safety education a…
40 O.S. § 414 Occupational safety and health consultation program for
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private employers. A. The Commissioner shall not assert enforcement jurisdiction pursuant to Section 401 et seq. of this title over any occupational safety or health issue with respect to which a federal standard has been issued pursuant to Section (6) of Public Law 91-596, also …