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 increasing the opportunities of employers to develop cost-effective methods of satisfying their personnel requirements and providing employees with access to certain employment benefits which might otherwise not be available to them;
2. That professional employer organizations operating in this state should be properly recognized and regulated by the Department of Insurance of this state, as provided in this act; and
3. That any allocation of the employer’s duties and responsibilities pursuant to this act will preserve all rights to which their covered employees would be entitled under a traditional employment relationship.
Added by Laws 2002, c. 64, § 1, eff. Nov. 1, 2002.
Structure Oklahoma Statutes
§40-1. Commissioner of Labor - Powers and duties.
§40-1-103. Declaration of state public policy.
§40-1-107. Construction against implicit repeal.
§40-1-109. Unemployment benefits impact study.
§40-1-201. General definitions.
§40-1-202.1. Extended Base Period.
§40-1-208.1. Motor carrier not employer of lessor or driver.
§40-1-209.1. Lessor employing unit.
§40-1-209.2. Professional Employee Organization.
§40-1-214. Institution of higher education.
§40-1-223. Taxable wages - Conditional factors and percentages.
§40-1-225. Supplemental unemployment benefit plan.
§40-1-228. Limited liability companies.
§40-1-229. Assigned tax rate and earned tax rate.
§40-1-231. Limitations on duration of benefits.
§40-1-302. Index of other definitions.
§40-2-102. Rounding provision.
§40-2-103. Benefits paid from fund.
§40-2-104. Computation of benefit amount.
§40-2-105. Wages subtracted from benefit amount.
§40-2-106. Maximum benefit amount.
§40-2-107. Benefits - Portion of a week.
§40-2-108. Benefits - Approved training.
§40-2-109. Employment requirement in preceding benefit year.
§40-2-202. Conditions for eligibility.
§40-2-204. Registration for employment.
§40-2-205.1. Ability to work and acceptance of employment.
§40-2-207. Wage requirement during base period.
§40-2-209. Benefits for employees of governmental or nonprofit employers.
§40-2-210. Separation from work due to compelling family circumstances.
§40-2-303. Assignments void, exemption from process.
§40-2-304. Deduction of health insurance premiums.
§40-2-305. Deduction of individual income tax withholdings.
§40-2-401. Application of Part 4.
§40-2-404. Leaving work voluntarily.
§40-2-404.1. Leaving work voluntarily of temporary employee.
§40-2-404.2. Work of a limited duration of time.
§40-2-405. Determining good cause.
§40-2-406. Discharge for misconduct.
§40-2-406.1. Discharge for refusal to undergo drug or alcohol testing or positive test.
§40-2-409. Conditions exempting otherwise suitable work.
§40-2-410. Participation in labor disputes.
§40-2-411. Retirement payments.
§40-2-412. Receiving benefits from another state.
§40-2-413. Inmates during confinement.
§40-2-414. Pregnant women not disqualified.
§40-2-415. Participating in sports or athletic events.
§40-2-417. Seek and accept work - Week of occurrence disqualification.
§40-2-418. Seek and accept work - Indefinite disqualification.
§40-2-419. Acceptance of accelerated buyout of employment contract - Definition.
§40-2-420. Failure to personally appear as directed.
§40-2-421. Failure to participate in reemployment services through profiling.
§40-2-422. Seasonal workers and employers.
§40-2-502. Posting of information.
§40-2-503. Claims, notices, and objections.
§40-2-503.1. Filing of employer protest and documents through employer portal.
§40-2-504. Determinations of benefits.
§40-2-505. Determinations in labor dispute cases.
§40-2-507. Notice of determinations.
§40-2-605. Notice of referee decision.
§40-2-606. Appeals from tribunal referee decisions to Board of Review.
§40-2-607. Rules and procedures in appeals.
§40-2-608. Conclusiveness of determinations and decisions.
§40-2-610.1. Conclusiveness of proceedings.
§40-2-611. Commission is a party.
§40-2-612. Payment of benefits.
§40-2-613. Benefit overpayments.
§40-2-614. Waiver of appeal time.
§40-2-615. Waiver of interest.
§40-2-616. Notice of overpayment determination.
§40-2-617. Warrant of levy and lien.
§40-2-618. Levy on income and monetary assets.
§40-2-619. Treasury offset program – Benefit overpayment collections.
§40-2-701. Definitions of terms applicable to extended benefits.
§40-2-703. Extended benefit period.
§40-2-706. State "on" indicator.
§40-2-707. State "off" indicator.
§40-2-708. Rate of insured unemployment.
§40-2-715. Eligibility for extended benefits.
§40-2-716. Weekly extended benefit amount.
§40-2-717. Total amount of extended benefits payable.
§40-2-718. Public announcement of extended benefit period.
§40-2-719. Commission to make computations.
§40-2-720. Commission to ensure compliance.
§40-2-721. Employers not liable for reimbursed payments.
§40-2-722. Reimbursement deposited in fund.
§40-2-723. Overpayments, restitution, offset, and recoupment.
§40-2-724. Limitation on amount of combined unemployment insurance and Trade Act benefits received.
§40-2-801. Child support obligations.
§40-2-802. Reports by employers to Employment Security Commission - New hire registry.
§40-2-803. Food purchase assistance overissuances.
§40-3. Obstructing work of labor officials.
§40-3-105. Benefit wages - Quarter charged.
§40-3-106. Benefit wages charged and relief therefrom.
§40-3-106.1. Relief from benefit wages charged - Addendum.
§40-3-106.2. Separating employers - Relief from benefit wage charges.
§40-3-107. Benefit wage ratio.
§40-3-108. State experience factor.
§40-3-109.2. Rate reduction for computer fund assessment.
§40-3-109.3. Rate reduction for technology reinvestment apportionment.
§40-3-110.1. Unemployment tax rate.
§40-3-113. Conditional factors.
§40-3-114. Estimate of Financial Condition of Fund - Surcharge.
§40-3-115. Appeal of determinations.
§40-3-116. Reconsideration of determination.
§40-3-117. Findings of fact or law.
§40-3-121. Professional Employer Organizations – Transfer of experience history.
§40-3-201. Employer for any part of year deemed employer for entire year.
§40-3-202. Termination of coverage.
§40-3-203. Election by employer.
§40-3-301. Penalty and interest on past-due contributions.
§40-3-303. Priorities under legal dissolutions or distributions.
§40-3-306. Jeopardy assessments.
§40-3-307. Remittances - Deposit of monies - Returned checks - Bogus check complaint.
§40-3-308. Perjury - Punishment.
§40-3-309. Collection of delinquent contributions, penalties, interest or fees.
§40-3-310. Waiver of penalty or interest.
§40-3-311. Forfeiture of terminated employer unemployment tax account overpayments.
§40-3-401. Appeals to district court.
§40-3-403. Petition for review and transcript of Commission proceedings.
§40-3-404. Commission's conclusions of facts conclusive.
§40-3-405. Deposit of assessment required.
§40-3-406. Bond in lieu of cash deposit.
§40-3-408. Part construed to provide legal remedy.
§40-3-501. Commission to issue warrants.
§40-3-502. Filing warrant with county clerk.
§40-3-503. Filed warrant is lien.
§40-3-504. Sheriff to execute warrant in same manner as judgment.
§40-3-505. Failure of sheriff to execute warrant.
§40-3-506. State may be made party defendant.
§40-3-508. Appointment of receiver.
§40-3-509. Levy on bank accounts.
§40-3-510. Enforcement of bank levy.
§40-3-511. Levy upon earnings of tax debtor.
§40-3-512. Treasury offset program – Delinquent unemployment taxes.
§40-3-601. Establishment of unemployment compensation fund.
§40-3-602. State Treasurer custodian of fund.
§40-3-603. State Treasurer to maintain three accounts.
§40-3-605. Unemployment trust fund.
§40-3-607. Requisitions from unemployment trust account.
§40-3-608. Expenditures not subject to specific appropriation requirements.
§40-3-609. Discontinuance of unemployment trust fund.
§40-3-610. Management of funds of unemployment trust fund.
§40-3-702. Payments by the state subdivisions and instrumentalities in lieu of contributions.
§40-3-703. Benefits and extended benefits paid from unemployment security fund.
§40-3-704. Benefits based on wages paid both by the state and other employers.
§40-3-705. Election to become liable for reimbursement payments.
§40-3-706. Benefits that do not apply in the computation of state experience factor.
§40-3-708. Delinquent payments.
§40-3-803. Election to make payments in lieu of contributions.
§40-3-804. Period of election - Organizations subject to act after January 1, 1972.
§40-3-805. Written notice of termination of election required.
§40-3-806. Payment of in-lieu contributions.
§40-3-808. Election to become reimbursing employer.
§40-3-810. Commission to provide notice of determinations.
§40-4-105. Removal by the Governor.
§40-4-106.1. Compensation and travel expenses.
§40-4-108. Executive Director.
§40-4-109. Service of process.
§40-4-204. No member to serve as an officer in a political organization.
§40-4-302. Commission shall publish rules and other material.
§40-4-304. Commission to determine its own organization and procedure.
§40-4-306. Report to Governor.
§40-4-307. Changes in benefits or contribution rates.
§40-4-310.1. Adoption and promulgation of rules.
§40-4-311. Commission shall publish rules.
§40-4-312. Personnel and compensation.
§40-4-313. Commission to cooperate and comply with federal law.
§40-4-316. Purchase of real property.
§40-4-317. Employee recognition program.
§40-4-318. Employee performance recognition program - Veterans Service Division.
§40-4-319. Recognition programs.
§40-4-502. Employing units to maintain records open to Commission.
§40-4-503. Sworn or unsworn reports.
§40-4-504. Oaths, depositions, certifications of official acts and subpoenas.
§40-4-505. Refusal to obey Commission subpoenas - Judicial orders.
§40-4-506. Penalties for failure to attend lawful inquiries or obey Commission subpoenas.
§40-4-507. Self-incrimination.
§40-4-508. Information to be kept confidential - Disclosure.
§40-4-509. Information to be furnished to public agencies.
§40-4-510. Commission may request examination of return of national bank.
§40-4-511. Communications to Commission privileged - Not subject to slander or libel.
§40-4-603. Moneys expended in accordance with Secretary of Labor.
§40-4-604. Composition of fund.
§40-4-605. Maintenance of administrative fund.
§40-4-606. State Treasurer liable on official bond.
§40-4-607. Reimbursement of fund.
§40-4-608. Reed Act distributions.
§40-4-702. Reciprocal arrangements authorized.
§40-4-703. Reimbursements to be deemed benefits.
§40-4-704. Cooperation authorized.
§40-4-705. Cooperative arrangements with foreign governments.
§40-4-803. Moneys to be paid into the Employment Security Administration.
§40-4-804. Cooperative agreements.
§40-4-901. Oklahoma Employment Security Commission Revolving Fund.
§40-5-102. False statement for benefits, failure to disclose material fact.
§40-5-103. Violations by employers.
§40-5-104. Violations of act, and regulations for which no specific penalty is otherwise provided.
§40-5-107. Wrongful disclosure of information.
§40-5-108. Other penalties in this act.
§40-6-101. OESC Computer Fund.
§40-6-102. Expenditures from fund.
§40-6-103. Custodian and treasurer of fund.
§40-6-104. Computer fund assessments.
§40-6-201. OESC Technology Fund.
§40-6-202. Expenditures from fund.
§40-6-203. Custodian and treasurer of fund.
§40-6-204. Technology reinvestment apportionment.
§40-6-205. Technology Fund balance.
§40-9-103. Transitional provisions.
§40-11. Branch office at Tulsa.
§40-46. Refusal of service to employer not fulfilling contracts.
§40-47. Bringing in or transferring persons for purpose of employment through employment agency.
§40-55. Rules and regulations.
§40-61. Disclosure of information by employer - Presumption of good faith - Immunity from liability.
§40-71. Restrictions on employment of children under sixteen.
§40-72.1. Occupations prohibited for children under sixteen.
§40-74. Educational qualifications required of child before employment.
§40-75. Hours of employment of children - Rest periods.
§40-77. Schooling certificates - Duties of employers.
§40-78. Evidence of age of child - Certificate of physical fitness.
§40-79. Age and schooling certificates - Proof of age.
§40-88. Penalties for violating this chapter.
§40-89. Enforcement of chapter - Administrative penalties.
§40-141.1. Short title - Definitions.
§40-141.2. Exemptions – Exhibitor boilers.
§40-141.3. Rules and regulations - Formulation - Promulgation.
§40-141.4. Application of rules and regulations.
§40-141.5. Maximum allowable working pressure - Determination - Exemptions - Special Permit.
§40-141.6. License required - Exemptions - Fee - Evidence of qualifications - Hearings - Violations.
§40-141.7. Bureau of boiler inspection - Establishment - Personnel - Powers and duties.
§40-141.8. Deputy boiler inspectors.
§40-141.10. Examination of inspectors.
§40-141.11. Suspension of inspector's certificate of competency.
§40-141.12. Lost, stolen or destroyed certificate of competency.
§40-141.13. Inspection of certain boilers and pressure vessels.
§40-141.15. Certificate of operation required - Violations.
§40-141.16. Fees - Department of Labor Revolving Fund
§40-141.18. Accidents and incidents - Investigation and inquiry - Notice.
§40-141.19. Department of Labor Revolving Fund
§40-141.19a. Discontinuation of revolving funds.
§40-142.2. Inspection by Department of Labor.
§40-142.3. Short title - Alternative Fuels Technician Certification Act.
§40-142.4. Legislative intent.
§40-142.7. Examinations for certification of technicians.
§40-142.9. Applications for examination, certification or renewal of certification - Fees.
§40-142.10. Recertification - Rules and guidelines.
§40-142.12. Work of technician by noncertified person.
§40-142.13. Change of address of holder of certificate or registration.
§40-142.15. Violations - Criminal penalties.
§40-160. Mandated minimum wage - Minimum number of vacation or sick leave days.
§40-165.2a. Administrative fine.
§40-165.3. Termination of employee - Payment - Failure to pay.
§40-165.3a. Payment of wages to surviving spouse and children.
§40-165.4. Bona fide disagreements.
§40-165.5. Private agreements.
§40-165.6. Contractors as employers.
§40-165.7. Enforcement and administration - Administrative proceedings - Orders - Appeals - Actions.
§40-165.9. Actions to recover unpaid wages and damages - Parties - Costs and attorney's fees.
§40-165.10. Partial invalidity.
§40-165.11. Failure to pay benefits or furnish wage supplements pursuant to agreements.
§40-167. False Statements as to conditions of employment.
§40-169. Hiring armed guards without permit a felony.
§40-170. Workman may recover for misrepresentation.
§40-171. Public service corporation to give letter to employee leaving service.
§40-173.2. Prohibited actions regarding personal social media accounts – Exemptions – Civil actions.
§40-173.3. Employer liability for not reviewing personal social media accounts.
§40-174. Scaffolding, etc., to be safeguarded.
§40-175. Temporary floorings in steel frame buildings.
§40-176. Penalty for neglect to place temporary floors.
§40-179. Railroad repair tracks to be sheltered.
§40-181. Repairing of steam boilers unlawful, when.
§40-182. Violation of Section 181 a felony.
§40-183. Employer guilty of manslaughter, when - Penalty.
§40-185. Leave of absence to railroad employees.
§40-187. Revocation of charter for violation.
§40-191. Restrictions on requirement of physical examination - Report not basis of damages.
§40-195.1. Discrimination prohibited in public work contracts.
§40-197.2. Minimum wages established.
§40-197.3. Wage and Hour Commission - Membership - Tenure - Compensation - Chairman.
§40-197.5. Employees covered by act.
§40-197.7. Investigation of complaints.
§40-197.8. Findings - Payment of amount due.
§40-197.9. Findings by court - Double damages - Costs and attorney fees - Defenses.
§40-197.10. Assignment of wage claim.
§40-197.12. Rules, regulations and standards.
§40-197.13. Penalty for failure to pay minimum compensation.
§40-197.14. Penalty for failure to post notice.
§40-197.16. Tips, gratuities, meals or lodging - Credit for.
§40-197.17. Uniforms - Credit for.
§40-198.1. Payment of discriminatory wages based on employee's sex prohibited.
§40-198.2. Enforcement - Penalties.
§40-199. Certain actions against employees prohibited.
§40-199.2. Acceptance of employment to replace employees involved in a strike or lockout prohibited.
§40-199.3. Notice as to strike or lockout.
§40-200. Searches of employee-owned vehicles.
§40-360. Short title - Oklahoma Employment First Act - Definitions.
§40-402. Occupational health and safety - Definitions.
§40-403. Employer's duties and responsibilities.
§40-404. Removal or damage of safeguards - Failure to obey safety orders.
§40-407. Adoption of health and safety standards - Promulgation - Limitation.
§40-410. Administration and enforcement.
§40-412. Violations - Penalties
§40-414. Occupational safety and health consultation program for private employers.
§40-416. Establishment of staff - Duties.
§40-417. Reports by employers of statistical data - Summary.
§40-417.1. Special Occupational Health and Safety.
§40-418. Payments to Commission - Refunds - Collection of payments - Disposition of funds.
§40-424. Qualifications for personnel of Department of Labor.
§40-435. Break time and accommodations for expressing milk or breast-feeding.
§40-452. License required - Fee - Exemptions
§40-453. Powers and duties of Commissioner.
§40-454. Suspension, revocation or refusal to issue license - Hearing - Appeal.
§40-455. Inspections and investigations.
§40-456. Violations - Penalties - Injunction
§40-460. Rules and regulations.
§40-460.1. Rules for definition of “alteration”.
§40-460.2. Rules regarding amusement ride maintenance, inspection, and repair records.
§40-460.3. Rules regarding use of signage – Definition of “sign”.
§40-460.4. Rules regarding use of amusement rides by riders – Definition of “rider”.
§40-462. Certificate of inspection - Inspections.
§40-463. Fees - Certification of rides - Certificate of insurance
§40-464. Notice of erection of ride or additions or alterations.
§40-465. Temporary cessation of ride - Orders - Enforcement.
§40-466. Modification of rules and regulations - Grounds.
§40-468. Political subdivisions - Regulation of rides - Inspections.
§40-469. Violations - Penalties
§40-470. Department of Labor Administrative Penalty Revolving Fund
§40-473. Rules ineffective upon repeal of Section 471.
§40-482. Federal and private sector funds to be sought.
§40-500. Nonsmoking as condition of employment.
§40-501. Construction of act - Conditions relating to smoking.
§40-503. Action for damages - Costs and attorney fees.
§40-551. Standards for Workplace Drug and Alcohol Testing Act.
§40-554. Drug or alcohol testing by employers - Restrictions.
§40-555. Written policy required - Notice of policy changes - Distribution.
§40-556. Time of employer testing - Payment of costs.
§40-557. Licensure and regulation of testing facilities - Alternative testing methods.
§40-558. Licensing of testing facilities - Fees - Administrative fines.
§40-559. Sample collection and testing - Conditions.
§40-560. Drug and alcohol test records - Disclosure.
§40-562. Disciplinary actions.
§40-563. Willful violation of act - Civil actions - Remedies.
§40-600.1. Short title – Legislative findings.
§40-600.3. Effect of act on collective bargaining agreements, licensing, and tax credits.
§40-600.4. Registration – De minimus exemption.
§40-600.6. Financial and tax requirements – Confidentiality.
§40-600.8. Unemployment compensation contributions.
§40-600.9. Refusal to register - Suspension or revocation of registration.
§40-701. Contract between minor and union.
§40-800. Occupational Licensing Review Act.
§40-800.1. Occupational Licensing Advisory Commission – Dissolution.
§40-801. Voluntary Veterans' Preference Employment Policy Act.