§ 4323. Action for relief--Referral to district attorney
Oklahoma Statutes AnnotatedTitle 44. MilitiaEffective: April 21, 2021
Effective: April 21, 2021
44 Okl.St.Ann. § 4323
§ 4323. Action for relief--Referral to district attorney
A. Action for relief. 1. A person who receives from the Commissioner of Labor a notification pursuant to subsection E of Section 16 of this act1 of an unsuccessful effort to resolve a complaint relating to a state government employer may request that the Commissioner refer the complaint to the district attorney with relevant jurisdiction. The Commissioner shall refer the complaint to the district attorney with relevant jurisdiction not later than sixty (60) days after receiving the request. If the district attorney is reasonably satisfied that the complainant is entitled to the rights or benefits sought, the district attorney may appear on behalf of, and act as attorney for, the complainant and commence an action for relief under the Oklahoma Uniformed Services Employment and Reemployment Rights Act.
b. In an action commenced in the name of the State of Oklahoma for which the relief includes compensation awarded pursuant to subparagraph b, c, d or e of paragraph 1 of this subsection, the compensation shall be held in a special deposit account and shall be paid, on order of the district attorney who commenced the action against a state government employer or a private employer, directly to the complainant. If the compensation is not paid to the complainant because of inability to do so within a period of three (3) years, the compensation shall be deposited in the Unclaimed Property Fund of the State Treasury pursuant to the Uniform Unclaimed Property Act, Section 651 et seq. of Title 60 of the Oklahoma Statutes.
E. Equity powers. The court shall use, if it deems appropriate, its full equity powers, including temporary or permanent injunctions, temporary restraining orders, and contempt orders, to vindicate fully the rights or benefits of persons under the Oklahoma Uniformed Services Employment and Reemployment Rights Act.
F. Standing. An action pursuant to the Oklahoma Uniformed Services Employment and Reemployment Rights Act may be initiated only by a person claiming rights or benefits as provided in the act under subsection A of this section or by the State of Oklahoma under paragraphs 1 and 2 of subsection A of this section.
2. In any action or proceeding to enforce a provision of the Oklahoma Uniformed Services Employment and Reemployment Rights Act by a complainant who obtained private counsel for an action or proceeding, the court may award a prevailing complainant reasonable attorney fees, expert witness fees, and other litigation expenses.
I. Definition. As used in this section, “private employer” includes the political subdivisions of the State of Oklahoma as defined in Section 5 of this act.2
Credits
Laws 2021, c. 122, § 17, emerg. eff. April 21, 2021.
44 Okl. St. Ann. § 4323, OK ST T. 44 § 4323
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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