As used only in Sections 165.1 through 165.11 of this title: 1. "Employer" means every individual, partnership, firm, association, corporation, the legal representative of a deceased individual, or the receiver, trustee or successor of an individual, firm, partnership, association or corporation, employing any person in this state; 2. "Employee" means any person permitted to work by an employer; 3. "Exempt employee" means those management level employees exempt under the provisions of Section 213 of the Fair Labor Standards Act, as amended, 29 U.S.C. Section 213, from the provisions of Sections 206 and 207 of said act; 4. "Financial institution" means a bank, savings bank, savings and loan association or credit union whose deposits are insured by the Federal Deposit Insurance Corporation, the National Credit Union Administration, or any successor institution; 5. "Payroll card" means a card or other device used by an employee to access wages from a payroll card account; 6. "Payroll card account" means a prepaid account that is directly or indirectly established through an employer and to which transfers of the employee's wages, salary, or other compensation are made on a recurring basis; 7. "Wages" means compensation owed by an employer to an employee for labor or services rendered including salaries, commissions, holiday and vacation pay, overtime pay, severance or dismissal pay, bonuses and other similar advantages agreed upon between the employer and the employee, which are earned and due, or provided by the employer to his or her employees in an established policy, whether the amount is determined on a time, task, piece, commission or other basis of calculation; 8. "Commissioner" means the Commissioner of Labor; and 9. "Bona fide disagreement" means an honest and sincere belief or assertion based on a dispute of a determinative fact or application of law under this title which is supported by relevant evidence. Added by Laws 1955, p. 240, § 1, emerg. eff. June 6, 1955. Amended by Laws 1982, c. 304, § 24, operative Oct. 1, 1982; Laws 1990, c. 333, § 18, emerg. eff. May 31, 1990; Laws 2005, c. 359, § 1, eff. Nov. 1, 2005; Laws 2022, c. 156, § 1, eff. Nov. 1, 2022.
Notes of Decisions
Reynolds v. Advance Alarms, Inc., 2009 OK 97 (Okla. 2009).
· cites it 7× “7 requires the Commissioner of Labor to *911 enforce the Labor Act, prescribes an administrative procedure for the collection of due and unpaid wages, and allows individuals to bring a judicial action to collect due and unpaid wages. [3] ¶ 12 We have recognized that the…”
Lori G. McKenzie v. Renberg's Inc., & Robert Renberg, 94 F.3d 1478 (10th Cir. 1996).
· cites it 2× “Of the entire body of Oklahoma statutory law governing the employment relationship, McKenzie directs our attention to only one specific provision mentioning overtime pay, Okla. Stat. tit. 40 § 165.1. Section 165.”
Molock v. Whole Foods Mkt., Inc., 297 F. Supp. 3d 114 (D.C. Cir. 2018).
“; and the Oklahoma Protection of Labor Act, Okla. Stat. tit. 40, §§ 165.1 et seq. -when they failed to pay certain Plaintiffs the bonuses they earned under the Gainsharing program in the manner required by the statutes, both during their employment and after their employment…”
Hamilton v. Water Whole Int'l Corp., 302 F. App'x 789 (10th Cir. 2008).
· cites it 2× “Okla. Stat. Ann. tit. 40, § 165.1 . Water Whole and Zwanziger contend the definitions demonstrate an intent by the Oklahoma Legislature to exclude nonresidents from the Wage Act’s protection.”
Darrow v. Integris Health, Inc., 2008 OK 1 (Okla. 2008).
“Although the plaintiff in McKenzie urged the Oklahoma Protection of Labor Act, 40 O.S.1991 § 165.1, and the FLSA as the basis for her Burk claim — that she was discharged for reporting her concerns that the company was not properly paying overtime pay — the Tenth Circuit,…”
Sanchez v. Nitro-Lift Tech., L.L.C., 762 F.3d 1139 (10th Cir. 2014).
“, and the Oklahoma Protection of Labor Act (“OPLA”), Okla. Stat. tit. 40, § 165.1 et seq. Nitro-Lift appeals from two district court orders denying its motions to dismiss and compel arbitration, or in the alternative to stay the proceeding pending arbitration, arguing…”
Feightner v. Bank of Oklahoma, N.A., 2003 OK 20 (Okla. 2003).
“7 is part of a statutory scheme — 40 O.S.2001, § 165.1 et seq., as amended — concerning the requirement that covered employers pay the wages due their employees, including overtime pay when applicable.”
H & EN, Inc. v. Oklahoma Dep't of Labor, 2006 OK CIV APP 70 (Okla. Civ. App. 2006).
“The ALJ also concluded, inter alia, that Employer and Employee met the definition of those terms under 40 O.S.2001 § 165.1. The ALJ’s Final Agency Determination awarded judgment against Employer consistent with the foregoing conclusions of law.”
Transwestern Publ'g, L.L.C. v. Langdon, 2004 OK CIV APP 21 (Okla. Civ. App. 2004).
“40 O.S. §§ 165.1, et seq, § 165.7. DOL’s determination of an employer/employee wage dispute is subject to judicial review under the Oklahoma Administrative Procedures Act, (OAPA), 75 O.”
Biggs v. Surrey Broad. Co., 811 P.2d 111 (Okla. Civ. App. 1991).
“1(4), as: ‘"Wages’ means compensation owed by an employer to an employee for labor or services rendered, including salaries, commissions, holiday and vacation pay, overtime pay, severance or dismissal pay, bonuses and other similar advantages agreed upon between the employer and…”
— Okla. Stat. tit. 40, § 165.1(1) — 1 case
Reynolds v. Advance Alarms, Inc., 2009 OK 97 (Okla. 2009).
“7 requires the Commissioner of Labor to *911 enforce the Labor Act, prescribes an administrative procedure for the collection of due and unpaid wages, and allows individuals to bring a judicial action to collect due and unpaid wages. [3] ¶ 12 We have recognized that the…”
— Okla. Stat. tit. 40, § 165.1(3) — 1 case
— Okla. Stat. tit. 40, § 165.1(4) — 2 cases
Lori G. McKenzie v. Renberg's Inc., & Robert Renberg, 94 F.3d 1478 (10th Cir. 1996).
“Of the entire body of Oklahoma statutory law governing the employment relationship, McKenzie directs our attention to only one specific provision mentioning overtime pay, Okla. Stat. tit. 40 § 165.1. Section 165.”
Biggs v. Surrey Broad. Co., 811 P.2d 111 (Okla. Civ. App. 1991).
“1(4), as: ‘"Wages’ means compensation owed by an employer to an employee for labor or services rendered, including salaries, commissions, holiday and vacation pay, overtime pay, severance or dismissal pay, bonuses and other similar advantages agreed upon between the employer and…”
— Okla. Stat. tit. 40, § 165.1(c) — 1 case
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