Oklahoma uses a multi-factor common law test favoring independent contractor status for most gig workers, unlike stricter ABC tests in states like California. Specific laws for rideshare and delivery drivers presume contractor classification if key criteria are met.
Classification Test
Oklahoma applies a six-factor test under state law to distinguish employees from independent contractors: degree of control, permanency of relationship, worker’s investment in tools/equipment, required skill/initiative/judgment/foresight, opportunity for profit/loss, and integration into the business. Gig workers like Uber drivers or DoorDash dashers are typically contractors unless the hiring entity exerts significant control, such as dictating schedules or tools. Federal DOL rules, updated in 2024 and still in effect as of 2026, align with this economic reality test, emphasizing no single factor dominance.
Gig-Specific Laws
The Oklahoma Courier Application Services Act (2021) and HB 2464 (effective Nov. 2023) classify transportation network company (TNC) drivers—like Uber/Lyft—as independent contractors if they sign a written agreement confirming contractor status, use their own vehicle, set their own hours, reject ride requests without penalty, and terminate the relationship at will. These laws shield platforms from reclassification lawsuits while requiring zero-tolerance drug policies and valid licenses. No major 2025-2026 changes override this; recent bills like HB 2464 in 2025 address unrelated homestead exemptions.
