Hiring New Employees in Oklahoma: Legal Guidelines for Employers

Develop a clear job description that outlines the position's responsibilities, required qualifications, and essential functions. Ensure the description complies with Oklahoma employment laws and does not contain discriminatory language. This will help attract qualified candidates and serve as documentation for the position requirements.

Advertise the position through appropriate channels such as job boards, company website, social media, or recruitment agencies. Ensure job postings comply with anti-discrimination laws and focus on job-related qualifications.

Create or update your employment application form to collect necessary information from candidates. In Oklahoma, ensure the application complies with state laws regarding what information can be requested. Avoid questions about age, race, religion, national origin, disability, or other protected characteristics unless they are bona fide occupational qualifications.

Review applications, conduct phone screenings, and schedule in-person interviews. Prepare interview questions that focus on job-related qualifications and avoid discriminatory inquiries. Document the selection process to demonstrate fair hiring practices.

Create a form that complies with the Fair Credit Reporting Act (FCRA) and Oklahoma law to obtain the candidate's consent for background checks. In Oklahoma, employers must obtain written consent before conducting background checks, and the form should clearly disclose that the information may be used for employment decisions.

After receiving signed authorization, conduct appropriate background checks in compliance with Oklahoma law. This may include criminal history, employment verification, education verification, and reference checks. Be aware that Oklahoma follows federal guidelines regarding the use of criminal history in hiring decisions.

Draft an offer letter that outlines the position, salary, benefits, start date, and employment relationship (at-will employment is standard in Oklahoma). The letter should clearly state that the offer is contingent upon successful completion of background checks and any other pre-employment requirements.

If using an employment contract rather than at-will employment, draft a contract that clearly outlines terms of employment, compensation, benefits, duration, termination conditions, and any restrictive covenants. Oklahoma generally enforces reasonable employment contracts, but ensure any restrictive covenants are narrowly tailored to protect legitimate business interests.

Draft a non-disclosure agreement to protect confidential company information. In Oklahoma, NDAs are generally enforceable if they are reasonable in scope and duration and protect legitimate business interests. The agreement should clearly define what information is considered confidential and the employee's obligations regarding such information.

If necessary for your business, draft a non-compete agreement. In Oklahoma, non-compete agreements are enforceable if they are reasonable in geographic scope, time duration, and type of employment or line of business. They must protect legitimate business interests and not impose undue hardship on the employee or public. Consider whether a non-solicitation provision might be sufficient instead.

Ensure your employee handbook is current with Oklahoma employment laws. Include policies on at-will employment, equal employment opportunity, anti-harassment, workplace safety, paid leave, attendance, performance evaluations, discipline, and termination procedures. Oklahoma-specific policies should address the state's workers' compensation laws and unemployment insurance.

If not already registered, register with the OESC for unemployment insurance tax purposes. All employers in Oklahoma who pay $1,500 or more in wages in a calendar quarter or have one or more employees for any portion of a day in each of 20 different weeks must register.

Register with the Oklahoma Tax Commission to withhold state income tax from employee wages. Employers must register if they have employees working in Oklahoma from whom they withhold state income tax.

Oklahoma law requires most employers to carry workers' compensation insurance. Verify coverage with your insurance provider or, if self-insured, ensure compliance with Oklahoma Workers' Compensation Commission requirements.

Have the federal Form I-9 ready for the employee's first day. Federal law requires all employers to verify the identity and employment authorization of each person hired to work in the United States. The form must be completed within 3 business days of the employee's first day of employment.

Have the federal Form W-4 ready for the employee to complete on their first day. This form determines the amount of federal income tax to withhold from the employee's pay.

Have the Oklahoma Form OK-W-4 ready for the employee to complete. This form determines the amount of Oklahoma state income tax to withhold from the employee's pay.

Create a form for employees to authorize direct deposit of their paychecks. While not required by Oklahoma law, this is a common practice that benefits both employers and employees. The form should include fields for the employee's bank information and authorization signature.

Prepare forms for the employee to enroll in company benefits such as health insurance, retirement plans, and other optional benefits. Include clear information about eligibility requirements, coverage options, costs, and enrollment deadlines.

Create a form to collect emergency contact information from the new employee. This information is essential for workplace safety and emergency response.

On the employee's first day, ensure all required forms are completed, including I-9, W-4, OK-W-4, direct deposit authorization, benefits enrollment, and emergency contact information. Provide the employee with the employee handbook and review key policies. Collect signed acknowledgments for receipt of the handbook and any agreements (NDA, non-compete, etc.).

Complete and submit the Oklahoma New Hire Reporting Form to the Oklahoma Employment Security Commission within 20 days of hiring. Oklahoma employers are required to report all newly hired or rehired employees to help with child support enforcement.

Add the new employee to your payroll system, ensuring proper tax withholding based on their W-4 and OK-W-4 forms. Oklahoma requires employers to pay employees at least twice per month on regular paydays designated in advance.

Ensure all required federal and Oklahoma-specific workplace posters are displayed in a conspicuous location. These include posters related to minimum wage, workplace safety, equal employment opportunity, family and medical leave, and unemployment insurance.

Establish a system for maintaining required employment records. Oklahoma follows federal requirements for recordkeeping, including maintaining personnel files, payroll records, I-9 forms, and tax documents. Most employment records should be kept for at least 3 years.

Arrange for the new employee to receive necessary training, including job-specific training, safety training, and training on company policies and procedures. Document all training provided to demonstrate compliance with applicable laws and regulations.