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OK HB2479

Bill

Status

Introduced

2/6/2012

Primary Sponsor

Seneca Scott

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

HB 2479 Summary

  • Establishes the Oklahoma Employee Classification Act to address misclassification of employees as independent contractors in construction work.

  • Presumes individuals performing construction services are employees unless they meet specific criteria including: freedom from control, work outside contractor's usual services, independently established trade, or legitimate sole proprietor/partnership status with 12 enumerated requirements.

  • Requires Department of Labor to post summary of act requirements on website and bulletin boards; entities must post notices at job sites; grants Department authority to conduct investigations and issue cease-and-desist orders.

  • Imposes civil penalties up to $1,500 for first violations and $2,500 for repeat violations within five years; violators appearing on public list are barred from state contracts for four years.

  • Authorizes private right of action allowing aggrieved individuals to recover denied wages, liquidated damages, compensatory damages up to $500 per violation, and attorney fees; establishes three-year statute of limitations.

Legislative Description

Labor; creating the Oklahoma Employee Classification Act; effective date.

Business and Labor

Last Action

CR; Do Pass, amended by committee substitute Judiciary Committee

2/28/2012

Committee Referrals

Judiciary2/7/2012

Full Bill Text

No bill text available