§40-1-101. Short title.

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.

§40-1-102. Purpose of Act.

(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, either for himself or for any other person, […]

§40-1-103. Declaration of state public policy.

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 state. Unemployment is therefore a subject of […]

§40-1-104. Saving clause.

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 Employment Security Act, or by acts […]

§40-1-106. Section captions.

SECTION CAPTIONS. Section captions are parts of this act. Added by Laws 1980, c. 323, § 1-106, eff. July 1, 1980.

§40-1-107. Construction against implicit repeal.

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being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.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, § 1-107, eff. July 1, 1980.

§40-1-108. Indian tribes or tribal units – Benefits – Contributions 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 performed in the employ of an Indian tribe, as defined in the Federal Unemployment Tax Act (FUTA), 26 U.S.C., Section 3306(u), provided such […]

§40-1-109. Unemployment benefits impact study.

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 Unemployment Trust Fund established pursuant to 42 U.S.C., Section 1104. The impact study shall […]

§40-1-201. General definitions.

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 the last initial, additional, or reopened claim; 2. “Alternative base […]

§40-1-202.1. Extended Base Period.

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 period will be substituted for the current base period on a quarter-by-quarter basis as needed […]

§40-1-208. Employer.

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 consecutive, within either the calendar year or the preceding calendar […]

§40-1-208.1. Motor carrier not employer of lessor or driver.

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, § 23, […]

§40-1-209. Employing unit.

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, except as provided under paragraphs 10 and 11 of Section […]

§40-1-209.1. Lessor employing unit.

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 services for client lessees of the lessor employing unit. B. Unless the lessor employing unit […]

§40-1-209.2. Professional Employee Organization.

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 under the Oklahoma Professional Employer Organization Recognition and Registration […]

§40-1-210. Employment.

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 paragraph (14) of this section, has the status of an employee. (2)(a)any service, including service in interstate commerce, performed […]

§40-1-214. Institution of higher education.

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 authorized in this state to provide a program of education beyond high school; (3) Provides an […]

§40-1-217. Unemployed.

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. With respect to any week of less than full-time […]

§40-1-218. Wages.

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 customarily received by an individual in the course of work from persons […]

§40-1-221. Benefit wages.

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 benefits could be paid to any individual, pursuant to […]