Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1345 Compare Versions

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Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 58th Legislature (2022)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1345 By: Hall of the Senate
7	37
8	38		and
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10	40		Boatman and Kendrix of the
11	41		House
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16	45		An Act relating to labor; amending 40 O.S. 2021,
17	46		Section 165.1, which relates to definition; providing
18	47		definitions; amending 40 O.S. 2021, Section 165. 2,
19	48		which relates to payment of wages; providing
20	49		provision for employe r to use certain wage payment
21	50		option under certain condition; making language
22	51		gender neutral; and providing an effe ctive date.
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26		-	~~SUBJECT: Labor~~
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28	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
29		-
30	58		SECTION 1. AMENDATORY 40 O.S. 2021, Section 165.1, is
31	59		amended to read as follows:
32		-
33	60		Section 165.1. As used only in Sections 165.1 t hrough 165.11 of
34	61		this title:
35		-
36	62		1. “Employer” means every individual, partnership, firm,
37	63		association, corporation, the legal representative of a deceased
38	64		individual, or the receiver, trustee or succes sor of an individual,
39	65		firm, partnership, association or co rporation, employing any perso n
40	66		in this state;
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42	94		2. “Employee” means any person permitted to work by an
43	95		employer;
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45	96		3. “Exempt employee” means those management level employees
46	97		exempt under the provisi ons of Section 213 of the Fair Labor
47		-
48		-	ENR. S. B. NO. 1345 Page 2
49	98		Standards Act, as ame nded, 29 U.S.C. Section 213, f rom the
50	99		provisions of Sections 206 and 207 of said act;
51		-
52	100		4. “Financial institution” means a bank, savings bank, savings
53	101		and loan association or credit union whose deposits are insured by
54	102		the Federal Deposit Insurance Co rporation, the National Credit Union
55	103		Administration, or any successor institution;
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57	104		5. “Payroll card” means a card or other device used by an
58	105		employee to access wages from a payroll card account;
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60	106		6. “Payroll card account” means a prepaid account that is
61	107		directly or indirectly established through an employer and to whi ch
62	108		transfers of the employee’s wages, salary, or other compensation are
63	109		made on a recurring basis;
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65	110		7. “Wages” means compensation owed by an employer to an
66	111		employee for labor or services rendered , including salaries,
67	112		commissions, holiday and vacation pay, overtime pay, severance or
68	113		dismissal pay, bonuses and other similar advantages agreed upon
69	114		between the employer and the employee, which are earned and due, or
70	115		provided by the employer to his or her employees in an established
71	116		policy, whether the amou nt is determined on a time, task, piece,
72	117		commission or other basis of calculation;
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74	145		5. 8. “Commissioner” means State the Commissioner of Labor ; and
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76	146		6. 9. “Bona fide disagreement ” means an honest and since re
77	147		belief or assertion based on a dispute of a determinative fact or
78	148		application of law under t his title which is supported by relevant
79	149		evidence.
80		-
81	150		SECTION 2. AMENDATORY 40 O.S. 2021, Section 165.2, is
82	151		amended to read as follows:
83		-
84	152		Section 165.2. Every employer in this state shall pa y all wages
85	153		due their employees, other than exempt employees and employees of
86	154		nonprivate foundations qualified purs uant to 26 U.S.C. 509(a)(1) and
87	155		26 U.S.C. 170(b)(1)(A)(vi), at least twice each calendar m onth on
88	156		regular paydays designated in advance by th e employer. State,
89	157		county and municipal emp loyees, exempt employees, school district
90	158		employees, technology center school district employees and employees
91		-
92		-	ENR. S. B. NO. 1345 Page 3
93	159		of nonprivate foundations qualified pursuant to 26 U.S.C. 509(a)(1)
94	160		and 26 U.S.C. 170(b)(1)(A)(vi) sh all be paid a minimum of once each
95	161		calendar month. The amount due such employees shall be paid in
96	162		lawful money of the United States, including payment by electronic
97	163		means, and the employee shall not be de emed to have waived any right
98	164		or rights mentioned i n this section because of any contract to th e
99	165		contrary. Each employer in this state, in its discretion, may pay
100	166		all wages due to an employee by deposit on the payday at a financial
101	167		institution of the empl oyee’s choice or, if the employee does not
102	168		consent or designate a financial institution, to a p ayroll card
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103	196		account. With each payment of wages earned by such employee, the
104	197		employer shall issue to such employee a brief itemized statement of
105	198		any and all deductions therefrom. An interval of not more than
106	199		eleven (11) days may elapse between the end of the pay period worked
107	200		and the regular payday designated by the employer. The em ployer
108	201		shall be allowed three (3) days after such payday in which to comply
109	202		with this section.
110		-
111	203		No such employer shall issue, in pay ment of or as evidence of
112	204		indebtedness due an employee any check, cashier’s check, draft, time
113	205		check, store order, scrip, or other acknowledgment of indebtedness
114	206		unless the same is payable or redeemabl e upon demand without
115	207		discount and for face value in la wful money of the United States.
116	208		If an employer pays an employee with a check which is subsequently
117	209		returned to the employee or an agent thereof by reason of the
118	210		refusal of the bank upon which such ch eck was drawn to honor the
119	211		same due to insufficient fun ds or a stop payment notice, the
120	212		employer shall reimburse the employee for any fees or costs incurred
121	213		by the employee due to the refusal to honor the check within
122	214		fourteen (14) days of the employer ’s notice of the bank’s refusal to
123	215		honor the check.
124		-
125	216		SECTION 3. This act shall become e ffective November 1, 2022.
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128		-	ENR. S. B. NO. 1345 Page 4
129		-	Passed the Senate the 16th day of February, 2022.
130		-
131		-
132		-
133		-	Presiding Officer of the Senate
134		-
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136		-	Passed the House of Representatives the 27th day of April, 2022.
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139		-
140		-	Presiding Officer of the House
141		-	of Representatives
142		-
143		-	OFFICE OF THE GOVERNOR
144		-	Received by the Office of the Governor this _______ _____________
145		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
146		-	By: _______________________________ __
147		-	Approved by the Governor of the State of Oklahoma this ___ ______
148		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
149		-
150		-	_________________________________
151		-	Governor of the State of Oklahoma
152		-
153		-
154		-	OFFICE OF THE SECRETARY OF STATE
155		-	Received by the Office of the Secretary of State this _______ ___
156		-	day of __________________, 20 _______, at _______ o'clock _______ M.
157		-	By: _______________________________ __
	218	+	COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE, dated
	219	+	04/06/2022 - DO PASS, As Coauthored.