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OK HB2479
Bill
Status
2/6/2012
Primary Sponsor
Seneca Scott
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AI Summary
HB 2479 Summary
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Establishes the Oklahoma Employee Classification Act to address misclassification of employees as independent contractors in construction work.
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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.
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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.
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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.
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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