OKLAHOMA WORKFORCE REPORT September 5, 2013 from the Oklahoma Employment Security Commission

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1 OKLAHOMA WORKFORCE REPORT September 5, 2013 from the Oklahoma Employment Security Commission Oklahoma Statewide Employment & Unemployment (seasonally adjusted) Unemployment Rate (July 2013): 5.3% Labor Force (July 2013): 1,810,960 Unemployment (July 2013): 95,400

2 Oklahoma County Unemployment Rates (non seasonally adjusted) Highest County Rates (July 2013): Latimer (8.6%), McCurtain (8.3%), LeFlore (8.0%) Lowest County Rates (July 2013): Ellis, Roger Mills (2.3%), Beckham (2.6%), Harper (2.8%)

3 Oklahoma County Unemployment Rate Map (July 2013)

4 Statewide Unemployment Insurance Average weekly initial claims (July 2013): 2,018 Average weekly continued claims (July 2013): 20,976 Average weekly UI payments, per claimant amount (second quarter 2013): $ Average weekly UI payments, total amount (second quarter 2013): $5,329,820

5 Statewide Employers & Wages Number of Employers (4th Qtr. 2012): 85,805 1.Average Weekly Wage (2012): $ Average Annual Income (2012): $41,630.00

6 IMPORTANT NUMBERS FOR THE YEAR Average Annual Wage (2012)...$41, Average Weekly Wage (2012) Taxable Wage Base...18, Minimum Tax Rate % 5. Maximum Tax Rate % 6. New Employer Tax Rate % 7. Maximum Weekly Benefit Maximum Benefit Amount... 9, Conditional Factor B

7 CONDITIONAL FACTORS 2014 The effects of conditional factors on UI tax rates and benefits. I. Tax Rate Schedules Factor Minimum Rate Maximum Rate No Factor 0.1% 5.5% Conditional Factor A 0.2% 5.8% Conditional Factor B 0.2% 7.4% Conditional Factor C 0.2% 8.3% Conditional Factor D 0.3% 9.2% II. Taxable Wage Base, Based on the 2014 average annual wage figure. No Factor A B C D $16,700 $17,700 $18,700 $19,800 $20,800 III. Dollar amount of tax payments per employee based on 2014 taxable wage base. No Factor A B C D Minimum tax rate $ $ $ $ $ % tax rate Maximum tax rate , , , ,913.60

8 CONDITIONAL FACTORS 2014 CONTINUED IV. Benefit payments based on the 2014 average weekly and annual wage figures. No Factor A B C D Maximum Weekly Benefit $480 $460 $440 $420 $400 Maximum Benefit For Benefit Year $10,400 $9,900 $9,900 $8,800 $8,300 V. The 2014 average wage figures are calculated from the 2012 wage records which yield an average annual wage figure of $41, and average weekly wage figure of $

9 Average Weeks on OK Unemployment 2008: : : : : The graph below shows the average weeks by month, by 3 month moving average and by 12 month moving average.

10 Definition of Misconduct 40 O.S Discharge for misconduct An individual shall be disqualified for benefits if he has been discharged for misconduct connected with his last work, if so found by the Commission. Disqualification under this section shall continue for the full period of unemployment next ensuing after he has been discharged for misconduct connected with his work and until such individual has become reemployed and has earned wages equal to or in excess of ten times his weekly benefit amount.

11 Cases: Vester v. Board of Review, 1985 OK 21, 697 P.2d 533, 537 Tynes v. Uniroyal Tire Co., 1984 OK CIV APP 20, 679 P.2d 1310, 1312 These cases define misconduct as follows: [C]onduct evincing such wilful or wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. On the other hand mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed misconduct within the meaning of the statute.

12 NEW LAW Section DISCHARGE FOR MISCONDUCT. A. An individual shall be disqualified for benefits if he or she has been discharged for misconduct connected with his or herlast work, if so found by the Commission. If discharged for misconduct, the employer shall have the burden to prove that the employee engaged in misconduct as defined by this section. Such burden of proof is satisfied by the employer, or its designated representative, providing a signed affidavit, or presenting such other evidence which properly demonstrates the misconduct which resulted in the discharge. Once this burden is met, the burden then shifts to the discharged employee to prove that the facts are inaccurate or that the facts as stated do not constitute misconduct as defined by this section. Disqualification under this section shall continue for the full period of unemployment next ensuing after he or she has been discharged for misconduct connected with his or her work and until such individual has become reemployed and has earned wages equal to or in excess of ten (10) times his the weekly benefit amount.

13 B. Misconduct shall include, but not be limited to, the following: 1. Unexplained absenteeism or tardiness; 2. Willful or wanton indifference to or neglect of the duties required; 3. Willful or wanton breach of any duty required by the employer; 4. The mismanagement of a position of employment by action or inaction; 5. Actions or omissions that place in jeopardy the health, life, or property of self or others; 6. Dishonesty; 7. Wrongdoing; 8. Violation of a law; or 9. A violation of a policy or rule adopted to ensure orderly work or the safety of self or others.

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