Oklahoma § 40-563 - Willful violation of act - Civil actions - Remedies

§ 40-563. Willful violation of act - Civil actions - Remedies

A. Any person aggrieved by a willful violation of the Standards

for Workplace Drug and Alcohol Testing Act may institute a civil

action in a court of competent jurisdiction within one (1) year of

the alleged willful violation or be barred from obtaining the relief

provided for in subsection B of this section. A willful violation

of the Standards for Workplace Drug and Alcohol Testing Act requires

proof by the preponderance of the evidence that the employer had a

specific intent to violate the act.

B. A prevailing party may be awarded lost wages to which the

person would have been entitled and an additional equal amount as

liquidated damages. Interim earnings or amounts earnable with

reasonable diligence by the aggrieved person shall operate to reduce

the lost wages otherwise allowable. Reasonable costs and attorney

fees may be awarded to the prevailing party, whether plaintiff or

defendant.

Added by Laws 1993, c. 355, § 13, emerg. eff. June 10, 1993.

Amended by Laws 2011, c. 180, § 9, eff. Nov. 1, 2011.