SECTION 380:30-1-7. Work without pay and deductions

(a)   No employer shall require or permit an employee, as a condition of securing or retaining employment, to work without monetary compensation.

(b)   The term "deductions," as used in 40 O.S. § 165.1 et seq., is defined as any and all sum(s) of money withheld by the employer from an employee's wages. The scope of the term includes, but is not limited to, amounts withheld for FICA, Federal and State income tax, Medicare, and garnishments.

(c)   No employer shall deduct any amount from an employee's wages, unless legislation or a court order mandates such, or unless such deduction is made pursuant to the provisions of this section.

(d)   It is permissible for an employer and employee to voluntarily enter into a payroll deduction agreement, including deductions for the following purposes:

(1)   To allow the employee to repay a loan or advance which the employer made to the employee during the course of and within the scope of employment, or to allow for recovery of payroll overpayment as provided in this subchapter;

(2)   To compensate the employer for the value of the employer's merchandise or uniforms purchased by the employee;

(3)   To provide payment for medical, accident, disability, or retirement benefits, or insurance premiums, not including workers' compensation or unemployment;

(4)   To provide for contributions to a deferred compensation plan or other investment plan provided by the employer as a benefit to the employee;

(5)   To compensate the employer for breakage or loss of merchandise, inventory shortage, or cash shortage caused by the employee; where the employee was the sole party responsible for the cash or items damaged or lost, at the time the damage or loss occurred.

(e)   Any payroll deduction agreement made pursuant to subsection (d) must be in writing, and signed by the employee before any deduction authorized by such agreement is taken. For purposes of these rules, the words "loan" and "advance" mean a transfer of money with a provision for repayment.

(f)   Pursuant to the authority granted in 40 O.S. § 1 and § 165.7, the Commissioner shall have the authority to investigate, hold hearings, subpoena witnesses, administer oaths, take testimony, and/or order production of any document or financial statement in relation to any violation of this rule. The Commissioner may issue Cease and Desist Orders to compel compliance with this rule.

[Source: Added at 14 Ok Reg 2968, eff 7-13-97; Amended at 19 Ok Reg 2796, eff 7-25-02; Amended at 20 Ok Reg 2699, eff 8-12-03; Amended at 26 Ok Reg 2257, eff 7-1-09]