Presentation Transcript

1. Oklahoma Wage LawandPayroll Compliance

   Lloyd L. Fields Commissioner of Labor
2. Alvarez CaseAlvarez vs. Barber Foods Should ees be paid for the time spent donning protective clothing? Should ees be paid for the time spent walking between changing areas and production areas? Re: Portal to Portal Act
3. Campbell vs. independent SchoolDistrict of Okmulgee Should terminated employee be compensated for accumulated sick leave?
4. Independent Contractor vs. Employee Status Independent contractor is one who renders services according to own methods and is subject to er control only as and end product. Items to consider Contract Degree of er control Type of occupation Type of skill and type of work Tools used Length of time employed Method of payment Is there a master servant relationship? Right to terminate w/o liability? Training? Evaluation System? Benefits? Do hypotheticals #1 and #2
5. Minimum Wage Requirement Act 7/24/07 $5.85 7/24/08 $6.55 7/24/09 $7.25 Look for full schedule in pamphlet
6. Oklahoma Overtime RequirementsAct 2004 Non Exempt Overtime 1 ½ Private ers can not give comp time off in place of overtime pay No required break times except for children Have to pay in 1 week segments cannot lump pay into 2 weeks. “On Call” not compensable unless limits freedoms
7. Exempt (white collar exemption) Exempt $455 threshold rate $23,600 yearly salary Primary duty is to supervise Directs work of 2 or more Has authority to hire or promote More than 50% in exempt type work
8. Other exempt status categories Administrative employee exemption More than $455 Office or non manual work Use of independent judgment Assist with running of business Learned professional $455 Knowledge of specialized field..doctors lawyers Creative professional $455 graphic arts, writing, music, acting
9. Oklahoma Wage Law Title 40 Defines employer/employee wage Law Non exempt paid twice monthly Exempt paid once monthly Administrative fines $500.00 if pay is 11 days late Must pay terminated ee by next pay period Unless bona fide disagreement exists Liquidated damaged 2% daily of unpaid wages If death of ee money is due to spouse and children
10. Bona Fide Disagreements Pay up or send written notice. EE may apply to labor commission as a wage claim ER has right to dispute claim
11. Blacklisting Illegal in the state of Oklahoma If intent to prevent former ee from engaging or securing other employment Fine $100 - $500.00 plus recovery of damages
12. Oklahoma law prohibits Non payment of accrued leave Retaliation for whistle blowing Abuse at work Women paid less than men Withholding illegal deductions. All withholding must be with written permission with EE. Overpayment of wages can be recovered by ER EE can not be charged for training ER does not have to pay while EE is training
13. Title 40 All ee wag records must be kept for 5 years from ends of employment
14. What to expect from wage claim procedures Claimant must provide evidence Statement taken from witnesses Claims can be made for two years after termination ER has 15 days to reply and informal hearing in conducted Notice of determination is given. ER can still request a hearing with commissioner Burden of proof rests with ER
15. Non Compete Separation Agreements Only used to prevent solicitation of ER clients Not for restraint of future earnings of EE Must be signed by both parties Must not be signed under duress or coercion. EE can not signed right to sue away OK takes dim view of non compete clauses If more than 1 year duration.