Okla. Stat. tit. 40, § 165.4
Bona Fide Disagreements
Effective Nov 1, 2005Laws 1955, HB 926, p. 241, § 4, emerg. eff. June 6, 1955; Amended by Laws 1993, HB 1116, c. 263, § 2, emerg. eff. May 27, 1993; Amended by Laws 2005, SB 722, c. 359, § 3, eff. November 1, 2005 (superseded document available).
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, HB 926, p. 241, § 4, emerg. eff. June 6, 1955; Amended by Laws 1993, HB 1116, c. 263, § 2, emerg. eff. May 27, 1993; Amended by Laws 2005, SB 722, c. 359, § 3, eff. November 1, 2005 (superseded document available).