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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 195 By: Floyd
AS INTRODUCED
An Act relating to labor; amending 40 O.S. 2011,
Section 198.2, which relates to enforcement of
discriminatory wages; prohibiting discharge of
employee for certain conduct regarding wages ;
increasing penalties; updating statutory language;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 198.3 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. It shall be unlawful fo r an employer to discharge or in any
other manner discriminate against an employee because the employee
has inquired about, discussed or disclosed the wages of the employee
or another employee with someone employed by the company; however,
an employer may prohibit a human resource employee, supervisor or
other employee whose job responsibilities require and allow access
to other employees' wage information from disclosing such
information except as may be required or allowed in the legitimate
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exercise of their job responsibilities or an employer may discipl ine
or discharge such employee for disclosing any prohibited wage
information.
B. The provisions of this section shall apply only to employers
having twenty-five or more employees.
SECTION 2. AMENDATORY 40 O.S. 2011, Section 198.2, is
amended to read as follows:
Section 198.2. It shall be the duty of the Commissioner of
Labor to enforce the provisions of this act Section 198.1 of this
title and Section 1 of this act . Whenever the Commissioner is
informed of any alleged violations thereof, it shall be his or her
duty to investigate same and, in his discretion, said . The
Commissioner is hereby authorized to institute proceedings for the
enforcement of penalties herein provided befor e any court of
competent jurisdiction . Any employer who violates the provisions of
this act shall be deemed guilty of a misdemeanor and shall upon
conviction thereof, be punished by violations of the provisions of
Section 198.1 of this title and Section 1 of this act. The
Commissioner is authorized to im pose a fine of not less than Twenty-
five Dollars ($25.00) One Hundred Dollars ($100.00) nor more than
One Hundred Dollars ($100.00) Two Hundred Dollars ($2 00.00) for each
separate violation per pay period . In addition, upon a finding by
the Commissioner of Labor of a violation under this act, the
employer shall pay any back pay found to be owed to the employee .
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SECTION 3. This act shall become effective November 1, 20 21.
58-1-280 NP 12/29/2020 3:07:49 PM