PocketLaw | Oklahoma Statutes | Effect of noncompliance of state

Effect of noncompliance of state officials with deadlines - Inapplicability of statutes of limitations.

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A. Effect of noncompliance of state officials with deadlines.

1. The inability of the Commissioner of Labor or a district attorney to comply with a deadline applicable to such official under Section 16 or 17 of this act shall not:

a.affect the authority of the district attorney to represent and file an action or submit a complaint on behalf of a person under Section 17 of this act,
b.affect the right of a person to:

(1)commence an action under Section 17 of this act, or
(2)obtain any type of assistance or relief authorized by the Oklahoma Uniformed Services Employment and Reemployment Rights Act,

c.deprive a district court of jurisdiction over an action or complaint filed by the district attorney or a person under Section 17 of this act, and
d.constitute a defense, including a statute of limitations period, that any employer, including state government, its political subdivisions or a private employer, may raise in an action filed by the district attorney or a person under Section 17 of this act.

2. If the Commissioner or the district attorney is unable to meet a deadline applicable to such official in Section 16 or 17 of this act, and the complainant agrees to an extension of time, the Commissioner or the district attorney shall complete the required action within the additional period of time agreed to by the complainant.

B. Inapplicability of statutes of limitations. If any person seeks to file a complaint or claim with the Commissioner of Labor or a district court alleging a violation of the Oklahoma Uniformed Services Employment and Reemployment Rights Act, there shall be no limitation on the period for filing the complaint or claim.

Added by Laws 2021, c. 122, § 19, emerg. eff. April 21, 2021.

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