Page 248

Oklahoma Statutes - Title 40. Labor Page 248 A. In order to successfully allege a bona fide disagreement over the amount of wages, the employer shall: 1. Pay such amount as the employer concedes to be due, without condition, within the time required by Sections 165.2 and 165.3 of this title; and 2. Provide to the employee, within fifteen (15) days of either receipt of a wage claim form from the Department of Labor or certified mail receipt of written demand from an employee, written explanation of the relevant facts and/or evidence which supports the belief of the employer that the wages in dispute are not owed. B. Acceptance by the employee of any payment made under this section shall not constitute a release as to the balance of the wage claim. C. Payment in accordance with this section shall constitute payment for the purposes of complying with Sections 165.2 and 165.3 of this title only in those instances where there exists a bona fide disagreement over the amount of wages as defined by Section 165.1 of this title. D. The Commissioner may set the contested amounts for administrative hearing pursuant to Section 165.7 of this title. Laws 1955, p. 241, § 4, emerg. eff. June 6, 1955; Laws 1993, c. 263, § 2, emerg. eff. May 27, 1993; Laws 2005, c. 359, § 3, eff. Nov. 1, 2005.

§40-165.5. Private agreements. Except as hereinafter provided under Section 10, no provision of this act shall in any way be contravened or set aside by private agreement. Laws 1955, p. 241, § 5.

§40-165.6. Contractors as employers. Whenever any person herein called the contractor shall contract with another for the performance of any work which the contractor has undertaken to perform, the contractor shall be deemed an employer and shall become civilly liable to employees engaged in performance of work under such contract for the payment of wages (but not for the payment of liquidated damages) as required by Sections 2 and 4 of this act whenever and to the extent that the employer of such employees fails to pay such wages; provided, however, that the employer of such employees shall be liable to the contractor for wages paid to such employees by the contractor under this section. Laws 1955, p. 242, § 6.

§40-165.7. Enforcement and administration - Administrative proceedings - Orders - Appeals - Actions.