Title 40, Title 40 — Labor
0 chapters · 502 sections in this title.
40 O.S. § 1 Commissioner of Labor - Powers and duties
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A. The Commissioner of Labor shall be the Chief Executive Officer of the Department of Labor, and shall supervise the work of that Department. B. It shall be the duty of the Commissioner of Labor to: 1. foster, promote, and develop the welfare of the wage earners of this state; 2…
40 O.S. § 1-101 Short title
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SHORT TITLE. This act shall be known and may be cited as the Employment Security Act of 1980. Added by Laws 1980, c. 323, § 1-101, eff. July 1, 1980.
40 O.S. § 1-102 Purpose of Act
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(1) 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. § 1-103 Declaration of state public policy
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DECLARATION OF STATE PUBLIC POLICY. As a guide to the interpretation and application of this act, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this sta…
40 O.S. § 1-104 Saving clause
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SAVING CLAUSE. A. The Legislature reserves the right to amend or repeal all or any part of the Employment Security Act at any time and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by the E…
40 O.S. § 1-106 Section captions
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SECTION CAPTIONS. Section captions are parts of this act. Added by Laws 1980, c. 323, § 1-106, eff. July 1, 1980.
40 O.S. § 1-107 Construction against implicit repeal
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CONSTRUCTION AGAINST IMPLICIT REPEAL. This act being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. Added by Laws 1980, c. 323, § …
40 O.S. § 1-108 Indian tribes or tribal units - Benefits - Contributions
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or payments - Extended benefits - Delinquencies - No waiver of sovereign immunity. A. The term "employer" shall include any Indian tribe for which service in employment is performed, as defined in the Employment Security Act of 1980. B. The term "employment" shall include service…
40 O.S. § 1-109 Unemployment benefits impact study
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If a proposed new law or amendment to an existing law will have the effect of expanding unemployment benefits available to unemployment benefit claimants, the Oklahoma Employment Security Commission shall study the fiscal impact the benefit expansion will have upon Oklahoma's Une…
40 O.S. § 1-201 General definitions
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GENERAL DEFINITIONS. As used in the Employment Security Act of 1980: 1. "Additional initial claim" means a claim application which reactivates a claim during an existing benefit year and certifies to a period of employment which occurred subsequent to the date of the filing of th…
40 O.S. § 1-202.1 Extended Base Period
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EXTENDED BASE PERIOD. If an individual lacks sufficient base period wages because of a job-related injury for which the individual received total temporary disability payments awarded by the Workers' Compensation Court, upon written application by the claimant, an extended base p…
40 O.S. § 1-208 Employer
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EMPLOYER. "Employer" means: 1. Any employing unit, except as provided under paragraphs 10 and 11 of this section, which: a. for some portion of a day, but not necessarily simultaneously, in each of twenty (20) different calendar weeks, whether or not such weeks are or were consec…
40 O.S. § 1-208.1 Motor carrier not employer of lessor or driver
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MOTOR CARRIER NOT EMPLOYER OF LESSOR OR DRIVER. In no event will a motor carrier be determined to be the employer of a lessor as defined in Section 166a or 230.29 of Title 47 of the Oklahoma Statutes, or of a driver receiving compensation from a lessor. Added by Laws 1986, c. 223…
40 O.S. § 1-209 Employing unit
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EMPLOYING UNIT. All individuals performing services within this state for any employing unit which maintains two or more separate establishments within this state shall be deemed to be employed by a single employing unit for all the purposes of the Employment Security Act of 1980…
40 O.S. § 1-209.1 Lessor employing unit
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LESSOR EMPLOYING UNIT. A. Any employer or any individual, organization, partnership, corporation or other legal entity which meets the definition of lessor employing unit shall be liable for contribution on wages paid by the lessor employing unit to individuals performing service…
40 O.S. § 1-209.2 Professional Employee Organization
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A. For purposes of the Employment Security Act of 1980, the Professional Employee Organization (PEO) and its client shall be considered coemployers of the covered employees that are under the direction and control of the client. B. If a PEO fails to become or remain registered un…
40 O.S. § 1-210 Employment
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EMPLOYMENT. "Employment" means: (1) Any service, including service in interstate commerce, performed by: (a) any officer of a corporation; or (b) any individual who, under the usual common-law rules applicable in determining the employer-employee relationship, as provided in para…
40 O.S. § 1-214 Institution of higher education
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INSTITUTION OF HIGHER EDUCATION. "Institution of higher education" means an educational institution which: (1) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such certificate; (2) Is legally autho…
40 O.S. § 1-217 Unemployed
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UNEMPLOYED. A. An individual shall be deemed unemployed with respect to any week during which: 1. The individual performed no services; and 2. No wages are payable to the individual. B. For an initial or additional initial claim filing, an individual shall be deemed unemployed: 1…
40 O.S. § 1-218 Wages
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WAGES. "Wages" means all remuneration for services from whatever source, including commissions and bonuses and the cash value of all remuneration in any medium other than cash, and includes dismissal payments which the employer is required by law or contract to make. Gratuities c…
40 O.S. § 1-221 Benefit wages
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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…
40 O.S. § 1-223 Taxable wages - Conditional factors and percentages
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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 pursuan…
40 O.S. § 1-224 File
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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 fi…
40 O.S. § 1-225 Supplemental unemployment benefit plan
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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 unemploym…
40 O.S. § 1-227 Experience period
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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…
40 O.S. § 1-228 Limited liability companies
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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,…
40 O.S. § 1-229 Assigned tax rate and earned tax rate
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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 t…
40 O.S. § 1-230 Notice given
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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…
40 O.S. § 1-231 Limitations on duration of benefits
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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 prio…
40 O.S. § 1-302 Index of other definitions
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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, …
40 O.S. § 1.1 Reciprocal agreements with labor departments of other
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states - Actions upon claims arising in other states. A. The Commissioner of Labor may enter into reciprocal agreements with the Labor Department or corresponding agency of another state, or with the person, board, officer, or commission authorized to act on behalf of that depart…
40 O.S. § 11 Branch office at Tulsa
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The Commissioner of Labor is hereby authorized to establish a branch office to be located in Tulsa, Oklahoma. Laws 1981, c. 246, § 6, emerg. eff. June 25, 1981.
40 O.S. § 141.1 Short title - Definitions
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This act shall be known and may be cited as the "Boiler and Pressure Vessel Safety Act", and, except as otherwise herein provided, shall apply to all boilers and pressure vessels. For the purpose of this act, the following definitions apply: 1. "Boiler" means a closed vessel in w…
40 O.S. § 141.10 Examination of inspectors
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A. The examination for chief boiler inspector, deputy inspectors, special inspectors or owner-user inspectors, except those owner-user inspectors within the scope of the American Petroleum Institute Pressure Vessel Inspection Code, shall be written and shall be held in accordance…
40 O.S. § 141.11 Suspension of inspector's certificate of competency
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An inspector's certificate of competency may be suspended by the Commissioner of Labor after due investigation for the incompetence or untrustworthiness of the inspector or for the willful falsification of any matter or statement contained in his application, or a report of any i…
40 O.S. § 141.12 Lost, stolen or destroyed certificate of competency
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If a certificate of competency is lost, stolen or destroyed, a new certificate of competency may be issued without reexamination. Added by Laws 1982, c. 252, § 12.
40 O.S. § 141.13 Inspection of certain boilers and pressure vessels
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A. The Commissioner of Labor or the chief boiler inspector, or any deputy inspector, shall have free access, during reasonable hours, to any premises in the state where a boiler or pressure vessel is being constructed for use in, or is being installed in this state for the purpos…
40 O.S. § 141.14 Inspection report - Inspection record - Certificate of
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operation - Suspension of certificate. A. 1. Each authorized inspection agency employing special inspectors meeting the requirements of subsection A of Section 9 of this act shall, within thirty (30) days following each inspection made by such inspectors, file an exact copy of th…
40 O.S. § 141.15 Certificate of operation required - Violations
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After twelve (12) months for power boilers, twenty-four (24) months for low pressure steam heating, hot water heating and hot water supply boilers, and thirty-six (36) months for pressure vessels following the date on which this act becomes effective, it shall be unlawful for any…
40 O.S. § 141.16 Fees - Department of Labor Revolving Fund
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A. The Commissioner of Labor may promulgate rules establishing a schedule of administrative fees for the registration, inspection and operation of boilers, pressure vessels and steam lines. The following fees shall remain in effect until rules become effective, at which time the …
40 O.S. § 141.17 Bond
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The chief boiler inspector and deputy inspectors shall be bonded in the sum of Five Thousand Dollars ($5,000.00) conditioned upon faithful performance of duty and true account of all money and proper disposition of all said money. Added by Laws 1982, c. 252, § 17.
40 O.S. § 141.18 Accidents and incidents - Investigation and inquiry -
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Notice. A. The Department of Labor has total jurisdiction over the investigation or inquiry into accidents and incidents arising within the definitions of this act. B. It shall be mandatory for all owners, users or operators to immediately notify the Department of Labor and secur…
40 O.S. § 141.19 Department of Labor Revolving Fund
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There is hereby created in the State Treasury a revolving fund for the Department of Labor to be designated the "Department of Labor Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies designated for deposi…
40 O.S. § 141.19a Discontinuation of revolving funds
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A. On the effective date of this act, the Workers’ Compensation Enforcement Revolving Fund, the Safety Standards Revolving Fund and the Elevator Safety Fund shall be discontinued, and all funds in the Workers’ Compensation Enforcement Revolving Fund, the Safety Standards Revolvin…
40 O.S. § 141.2 Exemptions – Exhibitor boilers
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A. This act shall not apply to the following boilers, hot water heaters and pressure vessels: 1. Pressure vessels used for the transportation of compressed gases if constructed and operated in compliance with specifications and regulations of the United States Department of Trans…
40 O.S. § 141.20 Petty cash fund
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A. The Director of the Office of Management and Enterprise Services is hereby authorized, upon request by the Commissioner of Labor, to establish a petty cash fund for the Department of Labor in an amount not to exceed Four Hundred Dollars ($400.00), to be used for the purpose of…
40 O.S. § 141.3 Rules and regulations - Formulation - Promulgation
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A. Formulation. The Commissioner of Labor shall formulate and adopt definitions, rules and regulations for the safe construction, installation, inspection, operation, maintenance and repair of boilers and pressure vessels in this state. 1. The definitions, rules and regulations s…
40 O.S. § 141.4 Application of rules and regulations
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A. Twelve (12) months from the date upon which the rules and regulations under this act become effective, all new boilers and pressure vessels for use in this state shall conform to such rules and regulations. B. If a boiler or pressure vessel is of special design or construction…
40 O.S. § 141.5 Maximum allowable working pressure - Determination -
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Exemptions - Special Permit. A. The maximum allowable working pressure of a boiler stamped with the AmericanSociety of Mechanical Engineers Code symbol or a pressure vessel stamped with the American Society of Mechanical Engineers or American Petroleum Institute - American Societ…
40 O.S. § 141.6 License required - Exemptions - Fee - Evidence of
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qualifications - Hearings - Violations. A. All firms or corporations engaged in the service, repair and/or installation of boilers or pressure vessels located in this state shall be licensed by the Commissioner to perform such work. Provided, no license shall be required for any …