STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 796	By:	Johnson (Constance)

AS INTRODUCED

An Act relating to labor; amending 40 O.S. 2001, Section 165.7, which relates to wage claims; requiring administrative proceedings to comply with Administrative Procedures Act; allowing Commissioner of Labor to hear complaints and wage claims; modifying language; providing rules for notice and hearings; restricting employer disclosure of certain information; providing certain exceptions; providing for codification; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY    40 O.S. 2001, Section 165.7, is amended to read as follows:
Section 165.7  A.  The Commissioner of Labor shall enforce and administer the provisions of Section 165.1 et seq. of this act and in title.  In any case where a civil action may be brought for the collection of a wage claim, the Commissioner of Labor may provide for an administrative proceeding to determine the validity and enforce collection of the wage claim.  The Every administrative proceeding on a complaint or wage claim shall be conducted according to the Administrative Procedures Act.
B.  In any case when the Commissioner has received a wage complaint pursuant to Section 165.1 et seq. of this title, the Commissioner may seek resolution of the complaint and collection of such any wage claim through administrative proceedings in a manner provided in this section.  The Commissioner may join in a single administrative proceeding any number of complaints and wage claims against the same employer.  The Commissioner shall serve upon the employer for each wage claim an order of determination directing the employer to pay to the Commissioner the amount of the wage claim and any penalty amounts.  Service of a wage claim order shall be made by regular mail to the employer's last-known address.  The order of wage claim determination shall include:
1.  A reference to the particular sections of the statutes or rules involved;
2.  A short and concise statement of the basis for the amounts determined to be owed to each wage claimant;
3.  A statement that the employer within twenty (20) days after receipt of the order of determination must pay in full the wage claim and any penalties assessed on appeal to district court; and
4.  A statement that unless a written request for reconsideration is received by the Commissioner or the order is appealed to district court within the time specified, the order of determination shall become final.
C.  Upon failure of the employer to pay the amount specified in the order of wage claim determination or to request reconsideration or appeal to district court, the order of wage claim determination shall become final.
D.  A hearing shall be held in accordance with the applicable provisions of the Administrative Procedures Act by the Commissioner or the Commissioner's designee.  The Commissioner shall adopt rules for such hearing notice and hearings.  In any hearing before the Commissioner's designee, the designee is authorized to issue the final order in the case.
E.  Final administrative orders issued in a wage complaint or wage claim proceeding are subject to appeal pursuant to the Administrative Procedures Act.
F.  When an order under this section becomes final by operation of law or an appeal, and the amount of wages due is not paid within twenty (20) days after the order of wage claim becomes final, the order may be recorded with the county clerk in any county of this state.  The clerk shall thereupon record the name of the person incurring the penalty and the amount of the penalty in the county clerk's lien record.  The order may be collected as any other money judgment.
G.  The remedies provided by Sections Section 165.1 through 165.11 et seq. of this title shall be additional to and not in substitution for and in no manner impair other remedies allowed by law.  Additionally, one or more individuals who are aggrieved by violation of any provision of Sections 165.1 through 165.11 et seq. of this title shall be entitled to bring an action in his or their her own name to enforce the provisions of such sections.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 165.5a of Title 40, unless there is created a duplication in numbering, reads as follows:
A.  Without the written consent of a current or former employee, no employer shall disclose information about the current or former employee which is deemed confidential by state or federal law or relates to wages, benefits, gender or personal identifying or personal contact information, or is personal information relating to such person’s relatives or dependents.
B.  Notwithstanding the provisions of subsection A of this section, an employer may disclose information about a current or former employee’s job performance and wages as provided in Section 61 of Title 40 of the Oklahoma Statutes and upon request by the Commission for purposes of an administrative hearing provided in Section 1 of this act.
C.  The provisions of this section shall not apply to:
1.  A court order directing disclosure of specific information;
2.  Information required for law enforcement investigation and enforcement purposes;
3.  Information required in the normal course of business for administration of wage or benefit transactions or licensure;
4.  Information shared between the employer or its agents directly and the current or former employee; and
5.  Information disclosed by the employer or its agent for emergency purposes to a law enforcement officer, medical personnel or to the current or former employee’s designated emergency contact person.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

53-1-1152	NP	1/19/2011 10:32:21 PM