Pending Initiative Status, April 2010

Bill H 2616

Oklahoma Employee Classification Act. Misclassification act that applies an ABC Test (with an alternative test under prong C) to the construction industry for purposes of labor department. Construction is specifically defined to include moving construction-related materials on the job site to or from the job site. Requires Know Your Rights notice to be posted on the jobsite and permits any interested party to file a complaint with the department of labor. Department may issue cease and desist order, may issue penalties, and may obtain injunctive relief. Provides for criminal prosecution by the Attorney General, disbarment from state contracts, and a private cause of action on an individual or class basis.

Status as of March 31, 2010: To Committee (February 2, 2010)

Source: American Trucking Association

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