OKLAHOMA — State Laws by Topic

OKLAHOMA

OKLAHOMA -- State Laws by Topic

AGE

Under the Oklahoma Anti-Discrimination Act, employers are prohibited from failing or refusing to hire; terminating; limiting, segregating, or classifying; denying training opportunities to; or otherwise discriminating against an individual with respect to compensation or terms, conditions, or privileges of employment based on age, unless a bona fide occupational qualification exists. Note: State law does not define a protected age group.

It is not an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, privileges, or responsibilities of employment, pursuant to: 1) a bona fide merit system; 2) a system that measures earnings by quantity or quality of production; or 3) a system that differentiates between employees who work in different locations, as long as the differences are not the result of an intention to discriminate based on age.

For purposes of the Act, an employer is defined as an individual who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

AIDS

Testing: Informed consent must be obtained before an individual is tested for AIDS. All information or records identifying a person as being HIV-positive shall remain confidential, except as provided by law.

ARRESTS/CONVICTIONS

It is an unlawful employment practice to request criminal records information when such records are sealed.

BREAKS

Minors: Minors under 16 must be provided with a cumulative hour-long break for every eight hours worked, including a 30-minute meal break after five hours of work.

BREAST-FEEDING

An employer may: 1) provide reasonable unpaid break time each day to an employee who needs to breast-feed or express breast milk for her child, and 2) make a reasonable effort to provide a private, secure, and sanitary room or other location, in close proximity to the work area, other than a toilet stall, where an employee can express milk or breast-feed her child. The break time, if possible, shall run concurrently with any break time, paid or unpaid, already provided to the employee. An employer is not required to provide break time if doing so would create an undue hardship on its operations.

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CHILD LABOR

Click on to access information about Oklahoma's child labor statutes.

CHILD SUPPORT

Employers served with a child support order must begin withholding with the first pay period occurring after receipt of order. Amounts are remitted within seven days of payday. Notify the custodial parent and the court within 10 days if the employee-obligor terminates.

See jury duty.

COURT ATTENDANCE

DISABILITIES

Under the Oklahoma Anti-Discrimination Act, employers are prohibited from failing or refusing to hire; terminating; limiting, segregating, or classifying; denying training opportunities to; or otherwise discriminating against an individual with respect to compensation or terms, conditions, or privileges of employment based on a handicap, unless a bona fide occupational qualification exists.

For purposes of the Act, a person with a disability is defined as a person who has a physical or mental impairment that substantially limits one or more major life activity, has a record of such an impairment, or is regarded as having such an impairment. An employer is defined as an individual who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

DRUG TESTING

The Oklahoma Workplace Drug and Alcohol Testing Act does not require employers to conduct drug or alcohol testing, but states that employers that opt to test for substance abuse must abide by the Act's provisions. The Act applies to employers of one or more employees within Oklahoma.

Employers that choose to conduct drug and alcohol testing may do so only under the following circumstances.

1. As a condition of employment, following a conditional job offer.

2. If there is reasonable suspicion that an employee has violated the company's substance abuse policy.

3. Following a workplace injury or accident.

4. As part of a routinely scheduled fitness-for-duty medical exam.

5. Following an employee's return to work after completing a rehabilitation program.

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Prior to conducting a drug and alcohol test, employers must adopt a substance abuse policy, which, at a minimum, includes the following.

1. A statement of the company's policy. 2. An explanation of those who are subject to testing. 3. Circumstances under which testing will be required. 4. Substances that may be tested for. Note: To comply with this provision, it is sufficient

for an employer to state in the written policy that testing shall be for drugs and alcohol as defined in the Standards for Workplace Drug and Alcohol Testing Act, including controlled substances approved for testing by the State Commissioner of Health. 5. Testing methods and collection procedures to be used. 6. The consequences of refusing to submit to testing. 7. The consequences of a confirmed positive test result. 8. The right to explain, in confidence, positive test results. 9. The right to obtain all information and records related to testing. 10. Confidentiality requirements. 11. The available appeal procedures, remedies, and sanctions. Notification: Employers that are implementing a substance abuse policy for the first time, or are implementing changes to an existing policy, must provide at least 30 days' notice to employees prior to implementing the policy or changes. Employers must post a copy of the drug and alcohol testing policy and any changes to it in a prominent employee access area in the place of employment, and must give a copy of the policy and any changes to each employee and to each applicant upon his/her receipt of a conditional offer of employment. The state has legalized medical marijuana. Employers may not discriminate against employees who are prescribed medical marijuana.

FAMILIAL/MARITAL STATUS

The state recognizes same-sex marriage.

FAMILY/MEDICAL LEAVE

Coverage: State employers. General rule: Employers must provide family leave to all permanent classified, regular unclassified, and exempt state employees with at least six months of continuous service for the birth or adoption of a child of the employee (within one year after the date of birth or placement) or to care for a terminally or critically ill child or dependent adult. No employee is entitled to more than

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12 weeks of family leave in any 12-month period. However, employers may choose to approve requests for other leave that is permitted by law.

Family leave is not a separate type of leave and it is not accrued or accumulated. Employers must give employees the following options to account for time lost because of family leave: 1) charge to accumulated compensatory time; 2) charge to accumulated annual leave; 3) charge to accumulated sick leave; 4) record as enforced leave; or 5) record as leave without pay. If FMLA qualifying leave is paid with an employee's accrued compensatory time, the time must not be charged against the employee's 12-week FMLA entitlement.

Notification: Whenever possible, employees must schedule family leave to accommodate the needs of their employer if the need for leave is foreseeable and it is medically feasible to do so. Employees are also required to provide reasonable advance notice and a leave request to the employer if possible. If it is not possible for an employee to give the employer advance notice, a leave request must be submitted as soon as possible.

Reinstatement: Upon return to work, the employee has the right to be restored to the original position.

See also pregnancy.

GENETIC TESTING

For purposes of distinguishing between, discriminating against, or restricting any right or benefit otherwise due or available to an employee or applicant, other than in connection with the determination of insurance coverage or benefits, employers cannot: 1) seek to obtain or use a genetic test or genetic information of the employee or applicant; or 2) require a genetic test of, or require genetic information from, the employee or applicant.

HEALTH CARE CONTINUATION COVERAGE

Continuation coverage requirements generally apply to employers that provide group health insurance coverage to employees. Group plans are required to provide continuation coverage for a period of 30 days. In addition, eligible employees have the right to extend coverage if they meet certain requirements.

Click on applications/OCISWeb/DeliverDocument.asp?CiteID=87290 to access the state law.

JURY DUTY

Any person summoned to serve as a juror who notifies his/her employer of such summons within a reasonable time after its receipt and prior to serving may not be terminated, removed, or otherwise subjected to any adverse employment action as a result of such service.

Employees cannot be required to use any annual, vacation, or sick leave for time spent: 1) responding to a summons for jury duty; 2) participating in the jury selection process; or 3) serving on a jury. Employers are not required to pay wages for the time an employee is absent from

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employment for jury duty unless the employee uses paid leave for that purpose. It is the employee's decision whether to use paid leave or take leave without pay for absence from employment for jury duty.

LIFESTYLE DISCRIMINATION

Employers are prohibited from discharging or otherwise discriminating against an individual regarding compensation, terms, conditions, or privileges of employment because the individual is a smoker or non-smoker, or uses tobacco products during non-working hours, unless a bona fide occupational qualification exists. It is also unlawful for an employer to require, as a condition of employment, that an employee or prospective employee abstain from smoking or using tobacco products during non-working hours.

MASS LAYOFF NOTIFICATION

No state-specific notification provision.

MEDICAL DONATION LEAVE

State employees must be granted up to five days of paid leave to donate bone marrow and up to 30 days of paid leave to donate an organ, as long as the employee provides the employer with written verification that the employee is to serve as a donor. Employees on leave shall receive their base pay without interruption.

MILITARY LEAVE

Employees who are members of the U.S. Armed Forces, the national reserves, or the National Guard are entitled to leave for authorized and ordered active or inactive duty or service. Employees on military leave do not lose status or seniority.

Employees who are members of the reserves, when ordered to duty, are entitled to a leave of absence for the period of military service without loss of status or seniority. Employers may elect to pay employees the difference between the employee's regular pay and the employee's military pay.

Note: State employers must provide employees with up to 15 days of paid leave in a 12-month period to participate in civil air patrol services.

Reinstatement: Employees must be restored to their prior position without loss of seniority, status, or efficiency rating, or to a position with comparable seniority, status, and pay.

MINIMUM WAGE

Minimum hourly wage/overtime rate: $7.25/$10.88. Basis for overtime: Over 40 hours/week. Opportunity wage for under 20-year-olds: None.

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Note: The state bases its minimum wage on the federal minimum wage. The state minimum may exceed federal minimum wage by a stated amount or percentage, or be adjusted to reflect cost of living increases.

NATIONAL ORIGIN Under the Oklahoma Anti-Discrimination Act, employers are prohibited from failing or refusing to hire; terminating; limiting, segregating, or classifying; denying training opportunities to; or otherwise discriminating against an individual with respect to compensation or terms, conditions, or privileges of employment based on national origin, unless a bona fide occupational qualification exists. For purposes of the Act, national origin includes the national origin of an ancestor. An employer is defined as an individual who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

NEW-HIRE REPORTING Data to be reported: Employee's name, address, SSN, date of hire, work state; employer's name, address, federal EIN. Reporting deadline/form: Within 20 days of hire or rehire; on W-4s or through the state's website.

OVERTIME Basis for overtime: Over 40 hours in a workweek.

PAY STATEMENTS Information required: Itemized statement of gross/net pay.

PERSONNEL FILES Unless the records are made confidential by law, an employee of a public body has the right to access his/her own personnel files.

POLYGRAPH TESTING No provisions specified in the general employment context.

POSTING REQUIREMENTS Workers' Compensation (English & Spanish) -- All employers

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Note: Oklahoma requires the English version of the Workers' Compensation poster to be printed on peach colored paper, and the Spanish version to be printed on tan colored paper.

Minimum Wage (Statutory Language) -- Plain and Statutory Language (English & Spanish) -- All employers

Discrimination (English & Spanish) -- All employers Child Labor Law -- All employers that employ youths under 18 Unemployment Insurance -- All employers State Public Occupational Safety & Health -- All public sector employers Workplace Plain Language Poster -- All public sector employers No Smoking -- All employers

PREGNANCY

Coverage: All employers. General rule: Employers may not treat women affected by pregnancy, childbirth, or disabilities related to pregnancy or childbirth differently than they treat other persons who are not pregnant, but have temporary disabilities. Note: Prohibited sex discrimination is defined to include discrimination based on pregnancy, childbirth, and related conditions. See also family/medical leave.

RACE

Under the Oklahoma Anti-Discrimination Act, employers are prohibited from failing or refusing to hire; terminating; limiting, segregating, or classifying; denying training opportunities to; or otherwise discriminating against an individual with respect to compensation or terms, conditions, or privileges of employment based on race or color, unless a bona fide occupational qualification exists.

For purposes of the Act, an employer is defined as an individual who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

REFERENCES

Blacklisting: Employers cannot blacklist or require a letter of relinquishment from an employee who is discharged or voluntarily leaves employment.

References: An employer may disclose information about a current/former employee's job performance to a prospective employer upon the prospective employer's request, with the consent of the current/former employee, or by request of the current/former employee. The

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employer is presumed to be acting in good faith unless the employer knowingly discloses false information, acts with malice, or recklessly disregards the truth.

Service letters: Public service corporations and their contractors must issue a letter to any separating employee that states the nature and duration of the employee's service, as well as the cause of separation. Any superintendent, manager, or contractor who fails or refuses to issue such a letter, or who willfully or negligently misstates the facts, commits a misdemeanor punishable by a fine of $100 to $500 and by imprisonment for one month to one year.

Substitute teachers. Substitute teachers need only have one national criminal history check per school year. Substitute teachers may request that these records be forwarded to any school district in which they teach. In addition, teachers who have taught full-time for five years, who then apply to become substitute teachers aren't required to have one national criminal history check, if they have had a have one national criminal history check within the last five years..

Social media: Employers are prohibited from requesting or requiring employees or job applicants to disclose usernames or passwords for accessing any personal account or service they use primarily for personal communications. Employers are also prohibited from compelling employees or job applicants to access their social media accounts in such a way that provides employers with access to those accounts. Employers may obtain information that's in the public domain. Employers won't be liable if they inadvertently access employees' personal accounts, but they can't use the information.

Employers may monitor employees' use of electronic equipment and e-mail; and request or require that employees disclose usernames or passwords information for employer-provided equipment or accounts or services.

Employers may require disclosure in connection with investigations to ensure compliance with federal or state laws or to prohibit workplace misconduct and to determine whether employees disclosed proprietary information, confidential information, or financial data without authorization. Employers may also require disclosure to comply with federal laws or regulatory requirements.

RELIGION

Under the Oklahoma Anti-Discrimination Act, employers are prohibited from failing or refusing to hire; terminating; limiting, segregating, or classifying; denying training opportunities to; or otherwise discriminating against an individual with respect to compensation or terms, conditions, or privileges of employment based on religion, unless a bona fide occupational qualification exists.

For purposes of the Act, an employer is defined as an individual who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

No provision.

REPORTING PAY

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