Laws Affecting Employees Jessica Sherrill OSSBA Staff Attorney OPSUCA Director Slide 2 HB 2334 Amendatory Definitions of child abuse moved from Title 10A to 21 Slide 3 HB 2334 Child Abuse Amends current language in Title 21 Crimes & Punishments - specifically definitions of child abuse, child sexual abuse, and child sexual exploitation for a child under 18 The law went into effect on May 9, 2014. Slide 4 HB 2334 Child Abuse Change in definition of child abuse: willful or malicious act of harm or threatened harm or failure to protect from harm or threatened harm to the health, safety, or welfare... Change in definition of child sexual abuse: willful or malicious sexual abuse which includes but is not limited to rape, incest, and lewd or indecent acts or proposals... Slide 5 HB 2334 Child Abuse Change in definition of child sexual exploitation: willful or malicious sexual exploitation which includes but is not limited to allowing, permitting, or encouraging a child under eighteen (18) years of age to engage in prostitution or allowing, permitting, encouraging or engaging in the lewd, obscene or pornographic photographing, filming, or depicting of a child under 18 Slide 6 HB 2355 Repealer Outdated teacher minimum salary schedules Slide 7 HB 2355 Teacher Minimum Salary This repeals all outdated teacher minimum salary schedules except for the most current one codified in state statute. Effective November 1, 2014. Slide 8 HB 2372 New law Employer access to employees social media Slide 9 HB 2372 Social Media Access New laws in Title 40 Labor which prohibits employers from requesting or requiring access to social media accounts of employees or potential employees. New laws take effect November 1, 2014. Slide 10 HB 2372 Social Media Access No employer shall: Require username and password to access Require employee/prospective employee to access for employer review Take retaliatory personnel action for not allowing access Refuse to hire prospective employee Slide 11 HB 2372 Social Media Access Employer may request or require an employees user name & password to access work-issued computer systems or devices. If an employer inadvertently receives an employees user name and password through regular monitory processes (i.e. computer server anti-virus), the employer is not liable for any such information BUT may still may not use it to access employees personal online social media account. Slide 12 HB 2372 Social Media Access Employer may conduct an investigation and require employee to share content on personal social media account for employer to make a factual determination against work- related misconduct or to investigate unauthorized transfer of employers proprietary information/confidential information/financial data Slide 13 HB 2372 Social Media Access Employee may bring a civil action against an employer within 6 months of violation and may seek injunctive relief or damages at $500 per violation. No punitive or emotional damages are recoverable. Slide 14 HB 2505 Amendatory Unemployment definition of Misconduct Slide 15 HB 2505 - Unemployment Amends and creates new laws in Title 40 Labor on unemployment online certification, OESC review of hearings on misconduct, misconduct definition, addresses government shut down and double- dipping for unemployment while paid Changes take effect November 1, 2014. Slide 16 HB 2505 - Unemployment Claimant can certify online that termination was not due to misconduct upon filing a claim. OESC to review 5% of its cases where misconduct is alleged and provide annual summary report for House & Senate leadership Slide 17 HB 2505 - Unemployment Definition of Misconduct used for Termination claims is tightened to a specific list with no leeway of the OESC. This is a big change from before when the OESC used a vague standard and had discretion. Statute also provides no prior warning for misconduct is required for OESC to deny claim. Slide 18 HB 2505 - Unemployment Any finding by state/federal agency of failure to meet civil/criminal/professional standards of employees profession shall be rebuttable presumption of misconduct To clean up from government shut down, new law covers that claimant who was temporarily off work who ultimately is paid for that time cant double-dip to get unemployment. If unemployment paid out then wages later, unemployment is to be repaid. Slide 19 HB 2505 - Unemployment Definition of immediate family member expands to dependent children (formerly minor only) in a Compelling family circumstance An untimely employer object to an unemployment claim can be allowed for good cause shown. Slide 20 HB 2548 Amendatory Teacher Competency Slide 21 HB 2548 Teacher Competency Amends requirements for the Commission for Teacher Preparation to provide subject area competency examinations for teacher candidates in their native language if the teacher has been offered employment in a foreign language immersion program. If later to be employed to teach another subject, the examination must be issued in English. Effective July 1, 2014. Slide 22 HB 2683 Amendatory Teacher Competency/Teaching Certificates for mild- moderate or severe-profound disabilities Slide 23 HB 2683 Student Disability HB 2683 relates to the issuance of teaching certificates for special education teachers and allows teachers already certified in early childhood or elementary education to add a certification for special education, and vice-versa. Effective July 1, 2014. Slide 24 HB 2683 Student Disability State Board of Ed shall issue: a one-year provisional certificate to teach mild- moderate or severe-profound disabilities to any qualified candidate who meets prior requirements and has earned a bachelors level college degree OR A standard certificate via alternative certification route in core academic area who has a bachelors level college degree, successfully completed relevant exams, and submitted application and payment required. Slide 25 HB 2683 Student Disability An individual with current provisional certificate may satisfy highly qualified teacher requirement for early childhood or elementary education by successful completion of early childhood or elementary exams or vice versa. Same holds true for standard certificate as well. Slide 26 HB 2740 Amendatory OTRS Board of Trustees retired educator group appointee Slide 27 HB 2740 Teacher Retirement HB 2740 adds a new non-voting member to the Teachers Retirement System Board of Trustees, to be appointed by a statewide organization representing retired educators. Effective July 1, 2014. Slide 28 HB 2885 Clean up Bill/Amendatory Paid Teacher Internship Slide 29 HB 2885 Paid Teacher Internship Effective July 1, 2014 Cleans up language in Title 70 to remove license in reference to teachers certificates Develops a paid teacher internship program created by Oklahoma Commission for Teacher Preparation Slide 30 HB 2885 Teacher Preparation Act Changes to teacher residency program: For 2014-2015 school year, each school district shall have the option of participating in the residency program. Beginning 2015-2016, each school district SHALL participate in the residency program. School provides professional support, mentorship & coaching Slide 31 HB 2885 Supply & Demand Study New Law State Board of Ed., Regents, and institutions of higher ed. shall conduct an educator supply-and-demand study every 3 years to identify shortages and make recommendations to the Governor and legislative leaders. Slide 32 HB 2938 New Law Teacher Certification Slide 33 HB 2938 Teacher Certification HB 2938 requires State Board of Education to put into place certain rules that qualify teachers who pass the state vocal music certification test to teach piano courses. Effective July 1, 2014. Slide 34 HB 3173 Amendatory Personnel Records Slide 35 HB 3173 Personnel Records Data collected pursuant to the Oklahoma Teacher and Leader Effectiveness Evaluation System (TLE) is not subject to disclosure under the Oklahoma Open Records Act. Effective November 1, 2014. Slide 36 SB 1828 Amendatory TLE Evaluations Slide 37 SB 1828 TLE Evaluations Data collected pursuant to the Oklahoma TLE is not subject to the Oklahoma ORA or OMA. Also, certain data relating to TLE shall be made available to: authorized agents of the OKSDE, such other persons specified by teacher in writing, and shall be subject to disclosure at any hearing involving dismissal or nonrenewal of employment of a teacher or administrator. Effective July 1, 2014. Slide 38 SB 1914 Amendatory Juvenile Arrest Slide 39 SB 1914 Juvenile Arrest Any arrest or detention under the Oklahoma Juvenile Code or any juvenile adjudication shall not be considered an arrest, detention, or conviction for purposes of employment, civil rights, or any statute, regulation, license, questionnaire, application, or any other public or private purposes, unless otherwise provided by law. Effective June 3, 2014.
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