Oklahoma § 40-197.4 - Definitions

§ 40-197.4. Definitions

As used in this act:

(a) "Commissioner" means the Commissioner of Labor;

(b) "Wage" means compensation due to an employee by reason of

his employment, payable in legal tender of the United States or

checks on banks convertible into cash on demand at full face value,

subject to such deductions, charges or allowances as may be

permitted by law;

(c) "Employ" includes to suffer or to permit to work;

(d) "Employer" means any individual, partnership, association,

corporation, business trust, or any person or group of persons,

hiring more than ten full-time employees or equivalent at any one

location or place of business; provided, however, if an employer has

less than ten full-time employees or equivalent at any one location

or place of business but does a gross business of more than One

Oklahoma Statutes - Title 40. Labor

Hundred Thousand Dollars ($100,000.00) annually, said employer shall

not be exempt under the provisions of this act.

This act shall not apply to employers subject to the Fair Labor

Standards Act of 1938, as amended, and who are paying the minimum

wage under the provisions of said act, nor to employers whose

employees are exempt under paragraph (e) of this section.

(e) "Employee" includes any individual employed by an employer

but shall not include:

(1)

An individual employed on a farm, in the employ of

any person, in connection with the cultivation of the soil, or in

connection with raising or harvesting any agricultural commodity,

including raising, shearing, feeding, caring for, training, and

management of livestock, bees, poultry, and furbearing animals and

wildlife, or in the employ of the owner or tenant or other operator

of a farm in connection with the operation, management,

conservation, improvement or maintenance of such farm and its tools

and equipment;

(2)

Any individual employed in domestic service in or

about a private home;

(3)

Any individual employed by the United States

government;

(4)

Any individual working as a volunteer in a

charitable, religious or other nonprofit organization;

(5)

Any newspaper vendor or carrier;

(6)

Any employee of any carrier subject to regulation by

Part I of the Interstate Commerce Act;

(7)

Any employee of any employer who is subject to the

provisions of any Federal Fair Labor Standards Act or to any Federal

Wage and Hour Law now in effect or enacted hereafter; and who is

paying the minimum wage under the provisions of this act;

(8)

Any employee employed in a bona fide executive,

administrative or professional capacity, or in the capacity of

outside salesman;

(9)

Any person employed as part-time employee not on

permanent status. A part-time employee is defined as an employee

who is employed less than twenty-five (25) hours a week;

(10)

Any person who is less than eighteen (18) years of

age and is not a high school graduate or a graduate of a vocational

training program, and any person who is less than twenty-two (22)

years of age and who is a student regularly enrolled in a high

school, college, university or vocational training program;

(11)

Any individual employed in a feedstore operated

primarily for the benefit and use of farmers and ranchers; or

(12)

Any individual working as a reserve force deputy

sheriff.

Oklahoma Statutes - Title 40. Labor

Laws 1965, c. 427, § 4; Laws 1971, c. 87, § 1, eff. July 1, 1971;

Laws 1977, c. 266, § 3, eff. Oct. 1, 1977; Laws 1978, c. 47, § 2,

eff. July 1, 1978; Laws 1981, c. 72, § 4.