Oklahoma § 40-165.3 - Termination of employee - Payment - Failure to pay

§ 40-165.3. Termination of employee - Payment - Failure to pay

A. Whenever an employee's employment terminates, the employer

shall pay the employee's wages in full, less offsets and less any

amount over which a bona fide disagreement exists, as defined by

Section 165.1 of this title, at the next regular designated payday

established for the pay period in which the work was performed

either through the regular pay channels or by certified mail

postmarked within the deadlines herein specified if requested by the

employee, unless provided otherwise by a collective bargaining

agreement that covers the employee.

B. If an employer fails to pay an employee wages as required

under subsection A of this section, such employer shall be

additionally liable to the employee for liquidated damages in the

amount of two percent (2%) of the unpaid wages for each day upon

which such failure shall continue after the day the wages were

earned and due if the employer willfully withheld wages over which

there was no bona fide disagreement; or in an amount equal to the

unpaid wages, whichever is smaller; provided, however, that for the

purpose of such liquidated damages such failure shall not be deemed

to continue after the date of the filing of a petition in bankruptcy

with respect to the employer if he thereafter shall have been

adjudicated bankrupt upon such petition.

Laws 1955, p. 241, § 3, emerg. eff. June 6, 1955; Laws 1968, c. 270,

§ 1, emerg. eff. April 30, 1968; Laws 1974, c. 12, § 1, emerg. eff.

April 3, 1974; Laws 1982, c. 304, § 26, operative Oct. 1, 1982; Laws

2005, c. 359, § 2, eff. Nov. 1, 2005.

§40-165.3a. Payment of wages to surviving spouse and children.

Other than an employee provided with an option of beneficiary

designation with respect to his wages and benefits by his employer,

all wages earned by an employee, not exceeding Three Thousand

Dollars ($3,000.00), shall, upon the employee's death, become due

and payable to the employee's surviving spouse, or if there is no

surviving spouse, the dependent children, or their guardians or the

conservators of their estates, in equal shares, without the

necessity of a probate court action.

Added by Laws 1993, c. 263, § 1, emerg. eff. May 27, 1993. Amended

by Laws 1994, c. 114, § 1, emerg. eff. April 24, 1994.