Oklahoma § 40-52

§ 40-52.

Definitions.

Oklahoma Statutes - Title 40. Labor

For the purpose of and when used in this act:

(a) "Employee", as used in this act, shall mean any person

performing or applying for work or service of any kind or character

for hire.

(b) "Employer" shall mean any person employing or seeking to

employ any person for hire.

(c) "Fees" shall mean anything of value, including any money or

other valuable consideration exacted, charged, collected or received

directly or indirectly, or paid or promised to be paid for any

services or act described or enumerated in subsection (e) of this

section.

(d) "Employment" shall mean the act of employing or state of

being employed, engaged, or hired.

(e) "Private employment agency" shall mean any business

operated in this state by any person, firm or corporation for profit

which secures employment or by any form of advertising holds itself

out to applicants as able to secure employment or to provide

information or service of any kind purporting to promote, lead to or

result in employment for the applicant with any employer other than

itself, where any applicant may become liable for the payment of a

fee to the private employment agency, either directly or indirectly.

"Private employment agency" does not include:

(1) Any educational, religious, charitable, fraternal or

benevolent organization which charges no fee for

services rendered in securing employment or providing

information about employment; or

(2) Any employment service operated by this state, the

Government of the United States, or any city, county,

or town, or any agency thereof; or

(3) Any temporary help service that at no time advertises

or represents that its employee, with the approval of

the temporary help service, may be employed by one of

its client companies on a permanent basis; or

(4) Any newspaper of general circulation or other business

engaged primarily in communicating information that

does not purport to adapt the information provided to

the needs or desires of an individual subscriber; or

(5) Employment offices that charge no fee to the applicant

other than union dues or to the employer and which are

used solely for the hiring of employees under a valid

union contract by the employer subscribing to this

contract; or

(6) Any organization that charges fees only for services

other than securing employment; provided that such

services are performed pursuant to a contract which

includes a statement, in a type size no smaller than

ten point, directly above the place for the signature

Oklahoma Statutes - Title 40. Labor

of the client that reads as follows: "I have read and

received a copy of this contract which I understand

makes me legally obligated to pay a fee, I further

understand that this contract does not guarantee

employment"; or

(7) Resume services whose service includes only the

preparation and production of resumes, and does not

purport to offer services that will result in

employment; or

(8) A person employing individuals to render part-time or

temporary personal services to, for, or under the

direction of a third person, if the person employing

the individuals, in addition to wages or salaries,

pays federal social security taxes, state and federal

unemployment insurance, carries workers' compensation

insurance as required by state law, and has

responsibility for the acts of his employees while

rendering services to or under the direction of a

third person.

(f) "Temporary employment" shall mean any period of employment

terminating at any time within sixty (60) days from date of

employment.

(g) "Permanent employment" shall mean all employment exceeding

sixty (60) days duration.

(h) "Person" shall mean any individual, copartnership,

corporation, or other legal entity.

Added by Laws 1967, c. 384, § 1, emerg. eff. May 23, 1967. Amended

by Laws 1988, c. 250, § 1, emerg. eff. June 27, 1988; Laws 2017, c.

51, § 2, eff. Nov. 1, 2017.