Nobody ever said running a business was a walk in the park. As an employer, you have a lot of balls in the air, and compliance is just one of them. One really, really important one that, if dropped, could cost you a whole lot of money.
In addition to federal regulations, each state has its own share of employment-related laws that business owners need to be aware of. Here, we’re highlighting some of these key state-specific requirements and offering guidance to help you keep up.
Bear in mind that this list is not comprehensive, and there may be local or industry-specific employment requirements that your business needs to comply with. It’s best to consult with counsel to ensure compliance with all applicable laws, as Justworks does not provide legal advice.
Payroll Tax Accounts
Because Justworks reports Oklahoma unemployment taxes on behalf of customers who utilize our PEO services, employers will need to close their Oklahoma unemployment and withholding accounts prior to joining the Justworks platform. Linked here are the steps you’ll need to take: Oklahoma - State Unemployment Insurance.
Recruiting & Hiring Practices
Oklahoma employers should familiarize themselves with specific actions and key documents for hiring, such as new hire reporting, required workplace postings, and obtaining workers' compensation coverage if it applies to your business.
Oklahoma Employment Security Commission: New Hire Requirements
Drug and Alcohol Screening
Separate from rules for jobs with federal drug testing requirements, Oklahoma employers may not screen job applicants or test employees for drug or alcohol use without a written policy outlining their testing policy. You must give all new employees the policy. Special rules may apply to positive results for marijuana to account for medical use.
Oklahoma Legislature: Standards for Workplace Drug and Alcohol Testing Act
Oklahoma Legislature: Medical Marijuana "Unity Bill"
Mineral*: Oklahoma Drugs, Alcohol, and Smoking
Independent Contractors
When classifying workers as employees or independent contractors, there are a few things to consider, including the different legal tests that apply under various federal and state employment laws, and potential penalties and other liabilities for misclassifying employees as independent contractors. Certain state laws apply tests that are more stringent or different than the guidance provided by federal agencies, such as the IRS and Department of Labor, to apply in conjunction with federal laws.You can read our general Help Center article on contractors, and view information on how to determine if someone is a contractor or employee in Oklahoma in the relevant section at the link below.
Mineral*: Oklahoma Independent Contractors
Pay Requirements
Minimum Wage & Overtime
Oklahoma rules on minimum wage and overtime requirements can be found below. The current Oklahoma minimum wage does not exceed federal requirements.
Oklahoma Department of Labor (DOL): FAQs Wage and Hour
Mineral*: Oklahoma Minimum Wage and Overtime
Pay Parity
Oklahoma law generally requires that women not be paid at a lesser rate than men for jobs requiring comparable skill, effort, and responsibility.
Mineral*: Oklahoma Pay Equity and Transparency
Lactation Breaks
Employers may provide reasonable unpaid break time and accommodations for nursing employees to breast-feed or express breast milk. The break time, if possible, must run concurrently with any break time, paid or unpaid, already provided to the employee. No break time is required under Oklahoma law if to do so would create an undue hardship on the employer’s operations. Federal laws may require additional accommodation.
Oklahoma State Department of Health: Breastfeeding Laws
Mineral*: Oklahoma Lactation Accommodations
Paid Time Off to Vote
Generally, if an employee provides three days’ notice and subsequent proof of having voted, employees must be granted up to two hours paid leave to vote unless polls are open three hours before or three hours after the work shift. This applies to in person absentee voting and election day voting. Employers can tell an employee when during the workday to take their voting leave.
Mineral: Oklahoma Voting Leave*
Harassment & Discrimination
Oklahoma law prohibits employment discrimination based on race, color, religion, sex, national origin, age, genetic information or disability, unless the employer can demonstrate that accommodation of the disability is an undue hardship on the employer’s business operations.
Mineral*: Oklahoma Pay Equity and Transparency
Oklahoma Statutes [Justia]: Employment Discrimination
Oklahoma Statutes [Justia]: Pay Equity for Women
Separation
All Oklahoma employees must be paid their owed wages by the next regularly scheduled payday following their employment end date. This applies to both voluntary and involuntary separations, regardless of notice.
Accrued, unused vacation time does not have to be paid out to a departing employee unless an employer’s policy requires it. Employers should clearly set forth in writing any policy with respect to unused vacation.
Mineral*: Oklahoma Separation
Business Closings and Layoffs
The Federal WARN Act imposes certain notice and other obligations on covered businesses before conducting large-scale business closures, layoffs, or relocations. Oklahoma employers who may be required to file notice can do so with the state’s Office of Workforces Development. For more information, visit the links below.
U.S. Department of Labor: Worker Adjustment and Retraining Notification (WARN) Act Advisor
Oklahoma Office of Workforce Development: WARN Notices
Mineral*: Oklahoma Layoffs
Notes
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Disclaimer
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.