Free Oklahoma Labor and Employment FAQs | Free Oklahoma Labor and Employment Legal Documents

Are All Employers Required To Pay Minimum Wage?

Tue, 29 May 2007 21:19:00 GMT

No. Unless otherwise covered by federal wage and hour laws, an Oklahoma employer must comply with state minimum wage laws if the company has at least 10 fulltime employees and/or grosses more than $100,000 annually.

Are Breaks And Lunch Periods Mandatory?

Thu, 01 May 2008 16:11:33 GMT

Neither federal nor state laws require employers to provide breaks to employees age 16 or older. Mandatory break laws only apply to children under the age of 16. Breaks and lunch periods are considered benefits and remain at the discretion of the employer.

As An Employer, Must I Fix All Identified Hazards And How Is It Verified?

Tue, 29 May 2007 21:19:00 GMT

The employer is obligated to correct all serious hazards found by the consultant within a reasonable period of time. Extensions are granted if a hardship is identified and if the employer is providing interim protection from the hazard for employees. For regular consultation visits, a statement of assurance of correction for each hazard is acceptable. For special program consultations a followup visit is usually conducted to verify the correction of hazards.

Can A Consultant Conduct Onsite Training Sessions?

Tue, 29 May 2007 21:19:00 GMT

Onsite training and education by consultants is generally informal, occurring during the process of the consultation visit, involving both the employer and the employees. Training may also be conducted when an employee requests a visit for that purpose.

Can I Be Fired For Refusing To Pay Union Dues To A Union?

Tue, 29 May 2007 21:19:00 GMT

Yes, if the workplace is already unionized, UNTIL the existing collective bargaining agreement runs out. If the workplace is unionized after Tuesday, September 25, 2001, the answer is "no."

Can I Reduce What I Pay To A Union Under An Existing Contract?

Tue, 29 May 2007 21:19:00 GMT

Yes. In CWA v. Beck, 487 U.S. 735 (1988), the U.S. Supreme Court found that the National Labor Relations Act does not permit a union, over the objection of an employee paying agency fees, to spend funds collected pursuant to a union security clause on activities unrelated to collective bargaining, contract administration or grievance adjustment. Therefore, you have the right to object to the local and national union and receive a refund of funds collected for nonrepresentational activities. You must be given an opportunity to challenge the union's computation of your refund. The union may provide for neutral arbitration to resolve your challenge, and you have the right to file a charge with the National Labor Relations Board (NLRB) in the event of a dispute. Under some circumstances, you also have the right to proceed in Federal District Court, just like Harry Beck did. The union is obligated to notify employees paying agency fees, at least annually, of the percentage of funds spent in the last accounting year for nonrepresentational activities. Upon request, the union must also provide detailed information concerning the breakdown between representational and nonrepresentational expenditures.

Can My Employer Deduct Money From My Paycheck?

Tue, 29 May 2007 21:19:00 GMT

Deductions can be legal, depending upon the circumstances. If you are concerned that your employer may be taking illegal deductions, you should contact the state Wage and Hour Division for more information.

Do I Have To Accept What A Union Negotiates For Me In A Collective Bargaining Unit, Or Can I Negotiate My Own Wages And Benefits?

Tue, 29 May 2007 21:19:00 GMT

Yes and no. If the Collective Bargaining Agreement allows it, an employee might try to negotiate for additional wages and benefits; otherwise it is an unfair labor practice so most employers won't do it.

Does "Right To Work" Stop A Union From Organizing A Workplace?

Tue, 29 May 2007 21:19:00 GMT

No. Unions can continue to try to organize workers into calling for an NLRB election to decide if there will be a union at their place of work.

Does "Right To Work" Stop The Union From Negotiating And Signing A Collective Bargaining Agreement With The Employer?

Tue, 29 May 2007 21:19:00 GMT

No. In fact, the union and the employer must negotiate in good faith a collective bargaining agreement on behalf of all of the workers in the collective bargaining unit, even those who choose not to pay the union.

Does "Right To Work" Stop Workers From Voting On Whether There Will Be A Union At Their Place Of Work?

Tue, 29 May 2007 21:19:00 GMT

No. Each worker gets to vote on whether or not there will be a union at their place of work.

Have Consultants Visited Or Will They Subsequently Visit My Competitor?

Thu, 13 Mar 2008 18:54:44 GMT

Our service extends to all eligible companies who request it. All information is kept confidential; therefore, no hazards or processes which may be a trade secret observed in your facility will be discussed in another place of business.

How Do I Get Started?

Tue, 29 May 2007 21:19:00 GMT

Consultation services are available upon request by calling any of the following numbers:

Statewide tollfree 18882695353, ext. 275
Oklahoma City (405) 5281500, ext. 275
Tulsa (918) 5812400, ext. 122

How Does A Company Qualify For A Federal Osha Exemption?

Tue, 29 May 2007 21:19:00 GMT

SHARP is a special program for those companies wishing to go the extra mile in establishing an exemplary safety and health program. Certification provides up to a twoyear exemption from Federal OSHA's general schedule inspections.

How Long Does It Take To Conduct A Consultation?

Tue, 29 May 2007 21:19:00 GMT

The time may vary from a couple of hours to a full day, depending on the size of your facility and the scope of assistance requested. Should exposure monitoring be requested or recommended, additional days are scheduled.

How Much Will It Cost To Correct Any Identified Hazards?

Tue, 29 May 2007 21:19:00 GMT

The expense in correcting hazards are usually minor. Keep in mind, the longterm and often hidden costs of failing to correct a hazard are often much greater than the shortterm costs of correction.

How Often Does An Employer Have To Pay Employees?

Tue, 29 May 2007 21:19:00 GMT

Every employee (except exempt employees) shall be paid all wages due at least twice each calendar month. State, county, municipal and exempt employees shall be paid a minimum of once each calendar month.

If I Give Notice But Don't Work The Time, Does My Employer Have To Pay Me Anyway?

Mon, 04 Jun 2007 21:51:22 GMT

Oklahoma has no mandatory severance pay law. However, as with any other benefit, severance may be payable in accordance with the employer's established policy. Read your employee handbook for specific policies at your workplace.

If I Quit Or Get Fired, Does My Employer Have To Pay Me Immediately?

Mon, 04 Jun 2007 21:51:22 GMT

An employer may wait until the next regularly designated pay day regardless of whether you quit or were fired.

Is My Employer Required To Offer Benefits?

Tue, 29 May 2007 21:19:00 GMT

Oklahoma has no mandatory benefits law. However, if the employer has an established policy providing for benefits, the employee may or may not be eligible depending upon the employer's eligibility criteria. Read your employee handbook for specific policies at your workplace.

Is My Employer Required To Pay Overtime?

Tue, 29 May 2007 21:19:00 GMT

If the company is required to comply with Federal wage and hour laws, time and one half should be paid to nonexempt employees for all hours worked over 40 in the work week. Contact your nearest U.S. Department of Labor office for more information.

Now That Oklahoma Has "Right To Work," Can I Immediately Stop Paying Agency Fees If My Workplace Has A Union?

Mon, 04 Jun 2007 21:51:22 GMT

If your workplace has a union, the union security clause is still good until the existing collective bargaining agreement runs out. After that, you can choose to pay the union or not to pay the union without losing your job.

Now That Oklahoma Is A "Right To Work" State, What Does "Right To Work" Really Mean? In Other Words, What Does It Really Do, And How Does It Benefit Me?

Mon, 04 Jun 2007 21:51:22 GMT

Right to work simply gives every employee the choice of paying or not paying a union in order to get or keep a job.

What Does The Osha Consultation Service Cost And Who Is Eligible?

Mon, 04 Jun 2007 21:51:22 GMT

Consultation services are already paid for with your tax dollars and there are no additional charges. Oklahoma employers with 250 or less employees on site or 500 employees corporatewide are eligible for fullservice consultation. Limited services are also available to larger companies.

What Is The Current Minimum Wage?

Tue, 29 May 2007 21:19:00 GMT

The federal and state minimum wage of $5.15 per hour has been in effect since Sept. 1, 1997.

What Is The Osha Consultation Service All About?

Tue, 29 May 2007 21:19:00 GMT

The Oklahoma OSHA Consultation service is designed to help both employers and employees prevent workplace injuries and illnesses by:

Guiding the employer in the development of a fully functional safety and health program which addresses the areas of management leadership, employee participation, workplace analysis, hazard prevention and control and training. This is in addition to assisting with the OSHA required written programs.
Identification of physical hazards which may involve machine guarding; fire and flammable materials; electrical; material handling and storage; falls; personal protective equipment; and, other hazards.
Identification and monitoring of health exposure hazards, such as noise, and toxic air contaminants such as organic vapors, metal fumes, silica, harmful dusts and other substances.

The Oklahoma Department of Labor does not assess fines or penalties. Our service allows an employer to benefit from professional assistance which covers the same regulations followed by Federal OSHA.

When Does The New "Right To Work" Constitutional Amendment Take Effect?

Tue, 29 May 2007 21:19:00 GMT

All constitutional amendments are "added" on the date of the election at which they were adopted per Okla. Const. art. 5, § 3. State Question 695 was approved by a majority of the voters on Tuesday, September 25, 2001.

Who Do I Call If My Union Refuses To Honor My Resignation From The Union?

Fri, 30 May 2008 03:23:40 GMT

You should call the National Labor Relations Board (NLRB) office in Tulsa, OK, at 9185817951.

Who Enforces "Right To Work" Protections?

Tue, 29 May 2007 21:19:00 GMT

Violation of the right to work law is a misdemeanor prosecuted by your county district attorney. Individual employees may also seek relief through the courts.

Will "Right To Work" Eliminate Benefits?

Tue, 29 May 2007 21:19:00 GMT

Same answer. Employers that pay benefits now must remain competitive and provide their workers the benefits provided by other employers in the free market. Otherwise, the workers will just go to work for another employer that does provide benefits.

Will "Right To Work" Lower Wages?

Tue, 29 May 2007 21:19:00 GMT

No. The law of supply and demand sets wages. When the demand for workers goes up, employers must be competitive and pay their workers the wages set by the free market to keep their employees. Otherwise, the workers will just go to work for another employer paying better wages.

Will A Consultation Lead To A Federal Osha Inspection?

Tue, 29 May 2007 21:19:00 GMT

All information is kept confidential. The only time Federal OSHA is contacted is on the rare occasion a company refuses to correct serious hazards within a reasonable period of time, but only after the ODOL has made every attempt to work with the company to eliminate the hazard.

Will Consultants Require Access To All Areas During A Consultation Visit?

Mon, 04 Jun 2007 21:51:22 GMT

As the employer, the decision is yours. Although most employers prefer a comprehensive survey, you may request a visit for specific areas or technical assistance. Also, you may alter the scope of your request or terminate the visit at any time. ODOL OSHA consultants can only visit your site by invitation.

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