§40-483. Administration of Job Training Partnership Act – Transfer to Employment Security Commission.
The duties and responsibilities currently performed by the Oklahoma Department of Commerce with regards to administration of the Job Training Partnership Act of 1982, 29 U.S.C., Section 1501 et seq., and all related property, records and personnel, are hereby transferred to the Oklahoma Employment Security Commission. Employees transferred to the Oklahoma Employment Security Commission shall […]
§40-563. Willful violation of act – Civil actions – Remedies.
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 subsection B of this section. A willful […]
§40-500. Nonsmoking as condition of employment.
A. It shall be unlawful for an employer to: 1. Discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, conditions or privileges of employment because the individual is a nonsmoker or smokes or uses tobacco products during nonworking hours; or 2. Require as a condition of employment that any employee or […]
§40-600.1. Short title – Legislative findings.
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 […]
§40-501. Construction of act – Conditions relating to smoking.
The provisions of Sections 11 through 14 of this act shall not be construed to prevent an employer from prescribing conditions with regard to smoking while on the job or on the premises of the employer. Added by Laws 1991, c. 172, § 12, emerg. eff. May 8, 1991.
§40-600.2. Definitions.
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 rights, duties and obligations of an employer which arise out of an employment relationship have […]
§40-502. Application of act – Restriction on smoking as bona fide occupational requirement or part of collective bargaining agreement.
The provisions of Sections 11 through 14 of this act shall not apply when the restriction on smoking relates to a bona fide occupational requirement or an applicable collective bargaining agreement which prohibits or allows off-duty use of tobacco products. Added by Laws 1991, c. 172, § 13, emerg. eff. May 8, 1991.
§40-600.3. Effect of act on collective bargaining agreements, 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 the rights or obligations of any client, PEO, or covered employee under the National Labor Relations Act. B. Licensing. Nothing contained in the […]
§40-503. Action for damages – Costs and attorney fees.
A. The sole remedy for any individual claiming to be aggrieved by a violation of Section 11 of this act shall be a civil action for damages which shall include all wages and benefits deprived the individual by reason of the violation. B. The court shall award the prevailing party in such action court costs […]
§40-600.4. Registration – De minimus exemption.
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 Registration Act, provide, advertise, or otherwise hold itself out as providing professional employer services in this […]