1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 641 By: Garvin
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7 AS INTRODUCED
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8 An Act relating to labor; amending 40 O.S. 2021,
8 Section 198.1, which relates to the payment of
9 discriminatory wages; allowing the Commissioner of
9 Labor to seek collection of certain wages and
10 benefits through administrative proceedings; amending
10 40 O.S. 2021, Section 198.2, which relates to
11 penalties; allowing for administrative proceedings to
11 assess penalties; removing criminal conviction;
12 increasing fines; making language gender neutral; and
12 providing an effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 40 O.S. 2021, Section 198.1, is
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18 amended to read as follows:
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19 Section 198.1. It shall be unlawful for any employer within the
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20 State of Oklahoma to willfully pay wages to women employees at a
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21 rate less than the rate at which he the employer pays any employee
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22 of the opposite sex for comparable work on jobs which have
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23 comparable requirements relating to skill, effort and
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24 responsibility, except where such payment is made pursuant to a
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 1 seniority system;, a merit system;, a system which measures earnings
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2 by quantity or quality of production;, or a differential based on
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3 any factor other than sex. In any instance in which the
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4 Commissioner has received a complaint violating this section, the
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5 Commissioner of Labor may seek collection of unpaid or underpaid
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6 wages or benefits through administrative proceedings in the same
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7 manner as provided in Section 165.7 of this title.
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8 SECTION 2. AMENDATORY 40 O.S. 2021, Section 198.2, is
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9 amended to read as follows:
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10 Section 198.2. It shall be the duty of the Commissioner of
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11 Labor to enforce the provisions of this act. Whenever the
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12 Commissioner is informed of any violations thereof, it shall be his
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13 the Commissioner’s duty to investigate same and, in his the
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14 Commissioner’s discretion, said the Commissioner is hereby
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15 authorized to institute proceedings for the enforcement of penalties
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16 herein provided before any court of competent jurisdiction or
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17 administrative proceeding. Any employer who violates the provisions
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18 of this act shall be deemed guilty of a misdemeanor and shall upon
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19 conviction thereof, be punished by assessed a fine of not less than
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20 Twenty-five Dollars ($25.00) Two Hundred Fifty Dollars ($250.00) nor
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21 more than One Hundred Dollars ($100.00) One Thousand Dollars
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22 ($1,000.00) per employee violation. This fine shall be in addition
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23 to any other legal protections provided in Section 165.1 et seq. of
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24 this title.
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 1 SECTION 3. This act shall become effective November 1, 2023.
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3 59-1-1192 MR 1/18/2023 9:48:03 AM
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