Title 40, Title 40 — Labor

fines. A. On and after July 1, 1994, no testing facility shall provide laboratory services to an employer to test for the presence or absence of drugs or alcohol unless it meets the qualifications established for testing facilities pursuant to Section 7 of this act and is license…

All sample collection and testing for drugs and alcohol pursuant to the provisions of this act shall be conducted in accordance with the following conditions: 1. Samples shall be collected and tested only by individuals deemed qualified by the State Board of Health and may be col…

employer's review officer. A. A testing facility shall report single-use test results that meet the standard to be sent to the laboratory for confirmation testing to an employer’s review officer, or a designee of the employer’s review officer, as soon as the results for the singl…

A. Records of all drug and alcohol test results and related information maintained by the employer shall be the property of the employer and, upon the request of the applicant or employee tested, shall be made available for inspection and copying to the applicant or employee. Exc…

A. An employer's policy shall state the disciplinary actions that may be taken upon a refusal to undergo a drug or alcohol test or for a positive test for the presence of drugs or alcohol. B. An employer may take disciplinary action, up to and including discharge, against an empl…

A. Any person aggrieved by a willful violation of the Standards for Workplace Drug and Alcohol Testing Act may institute a civil action in a court of competent jurisdiction within one (1) year of the alleged willful violation or be barred from obtaining the relief provided for in…

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…

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…

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 insuran…

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 t…

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 (…

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…

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, unemployme…

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 6-20…

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 e…

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…

A. This act shall be known and may be cited as the "Oklahoma Professional Employer Organization Recognition and Registration Act". B. The Legislature hereby finds: 1. That professional employer organizations provide a valuable service to commerce and the citizens of this state by…

1. “Client” means any person who enters into a coemployment relationship as a coemployer with a professional employer organization (PEO); 2. “Coemployer” means either a PEO or a client; 3. “Coemployment relationship” means: a. as between coemployers, a relationship whereby the ri…

licensing, and tax credits. A. Collective bargaining agreements. Nothing contained in the Oklahoma Professional Employer Organization Recognition and Registration Act or in any professional employer agreement shall affect, modify or amend any collective bargaining agreement, or t…

A. Registration required. Except as otherwise provided in the Oklahoma Professional Employer Organization Recognition and Registration Act, no person shall, unless the person is registered as a PEO or PEO Group under the Oklahoma Professional Employer Organization Recognition and…

A. Initial registration. Upon filing an initial registration statement under the Oklahoma Professional Employer Organization Recognition and Registration Act, a PEO shall pay an initial registration fee of Five Hundred Dollars ($500.00). B. Initial Group Registration. Upon filing…

A. Net worth and bonding. Each PEO shall maintain either: 1. A minimum net worth of Fifty Thousand Dollars ($50,000.00), as reflected in the financial statements submitted to the Commissioner with the initial registration and each annual renewal; or 2. A bond or securities with a…

employee, and client – Notice – Workers’ compensation – Benefit plans – Liability – Sales tax. A. Contractual relationship. Except as specifically provided in the Oklahoma Professional Employer Organization Recognition and Registration Act, the coemployment relationship between t…

A. For purposes of the Employment Security Act of 1980, covered employees of a PEO are considered employees of the PEO during the term of the applicable professional employer agreement. B. The PEO shall report and pay all required contributions to the unemployment compensation fu…

registration. The Insurance Commissioner may, after notice and opportunity for hearing, refuse to register any person, suspend or revoke the registration of any professional employer organization, or impose administrative fines as provided for in the Oklahoma Professional Employe…

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, o…

A. Except as provided by subsection B of this section, any contract or agreement between a minor and a union is not a valid contract or agreement and shall be null and void for any purpose including, but not limited to, official recognition by a union for purposes of intent or in…

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 s…

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 manu…

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 t…

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 …

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 empl…

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 herei…

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,…

The age and schooling certificate shall be approved by the principal, headmaster, or equivalent administrative officer of the school which the child attends or should be attending or by one of the child's parents if the child is being schooled at home, who shall, for the purpose …

of schooling certificate - Blank form - Form of certificate. The age and schooling certificate shall not be approved until the parent or guardian of such child shall present a school attendance certificate as hereinafter prescribed. A duplicate of such age and schooling certifica…

This act shall be known and may be cited as the "Occupational Licensing Review Act". Added by Laws 2018, c. 242, § 1, eff. July 1, 2018.

Dissolution. There is hereby created the Occupational Licensing Advisory Commission. The Commission shall consist of twelve (12) members to be appointed and serve as follows: 1. The Commissioner of Labor shall serve coterminous with his or her office; 2. Two members of the House …

A. This section shall be known and may be cited as the "Voluntary Veterans' Preference Employment Policy Act". B. As used in this section: 1. "DD 214" means United States Department of Defense Form 214 or a similarly effective form issued by the Department relating to separation …

Any person who is in willful violation of any of the provisions of Section 71 et seq. of this title shall, upon conviction, be guilty of a misdemeanor and, for each offense, shall be subject to a fine of not more than Five Hundred Dollars ($500.00), or imprisonment for not less t…

A. It shall be the duty of the Commissioner of Labor to enforce the provisions of Section 71 et seq. of Title 40 of the Oklahoma Statutes. B. 1. In addition to any other penalty prescribed by law, any person who is in violation of Section 71 et seq. of Title 40 of the Oklahoma St…

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 Oklahom…

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, § 9-1…

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, liabilit…

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, …

This act shall be known and may be cited as the “Oklahoma Workforce Transformation Act”. Added by Laws 2023, c. 361, § 1.

As used in this act: 1. “Commission” means the Oklahoma Workforce Commission; 2. “Person” means any individual, group of individuals, or any partnership, corporation, association, cooperative, or employee thereof, or any other legal entity; and 3. “Governor’s Council for Workforc…

There is hereby created the Oklahoma Workforce Commission. The purpose of the Commission is to coordinate the development of the workforce needed to grow Oklahoma’s economy and Oklahomans’ prosperity. To accomplish this purpose, the Commission is empowered to the fullest extent p…

A. The Oklahoma Workforce Commission shall consist of nine (9) members. The nine members shall be private sector leaders conducting business in this state: 1. Three members to be appointed by the President Pro Tempore of the Senate; 2. Three members to be appointed by the Speaker…

The Oklahoma Workforce Commission shall have the following powers, duties, and responsibilities: 1. To administer the provisions of the Oklahoma Workforce Transformation Act or any duty as directed by statute; 2. To establish an office for the Commission within this state; 3. To …