Okla. Stat. tit. 40, § 40-563
This is the official text of Okla. Stat. tit. 40, § 40-563, part of Oklahoma’s Stat. tit. 40, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 40,." Browse the sections below, each linked to its official government source.
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Willful violation of act - Civil actions - Remedies
Official statutory text
A. Any person aggrieved by a willful violation of the Standards
for Workplace Drug and Alcohol Testing Act may institute a civil
action in a court of competent jurisdiction within one (1) year of
the alleged willful violation or be barred from obtaining the relief
provided for in subsection B of this section. A willful violation
of the Standards for Workplace Drug and Alcohol Testing Act requires
proof by the preponderance of the evidence that the employer had a
specific intent to violate the act.
B. A prevailing party may be awarded lost wages to which the
person would have been entitled and an additional equal amount as
liquidated damages. Interim earnings or amounts earnable with
reasonable diligence by the aggrieved person shall operate to reduce
the lost wages otherwise allowable. Reasonable costs and attorney
fees may be awarded to the prevailing party, whether plaintiff or
defendant.
for Workplace Drug and Alcohol Testing Act may institute a civil
action in a court of competent jurisdiction within one (1) year of
the alleged willful violation or be barred from obtaining the relief
provided for in subsection B of this section. A willful violation
of the Standards for Workplace Drug and Alcohol Testing Act requires
proof by the preponderance of the evidence that the employer had a
specific intent to violate the act.
B. A prevailing party may be awarded lost wages to which the
person would have been entitled and an additional equal amount as
liquidated damages. Interim earnings or amounts earnable with
reasonable diligence by the aggrieved person shall operate to reduce
the lost wages otherwise allowable. Reasonable costs and attorney
fees may be awarded to the prevailing party, whether plaintiff or
defendant.
Status: in_force · Read it on the official government site
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