Oklahoma Overtime Laws

Oklahoma does not have a specific state provision covering overtime pay, therefore it follows the federal overtime laws that are a part of the Fair Labor Standards Act (FLSA). Specifically, Oklahoma law requires that employees be paid 1.5 times their normal hourly rate when they work more than 40 hours in a single seven-day period. This requirement also applies to time worked in excess of 40 hours a week, not eight hours in one day.

Oklahoma Overtime Law Summary

Critical aspects of overtime law in Oklahoma are summarized in the following chart.

State and Federal Statutes

Overtime Calculation Methods:

  • Hourly: Pay time and a half (1.5 times the regular rate) for hours worked in excess of 40 hours per workweek.
  • Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: Pay time and a half for hours over 40.

Exempt from FLSA

  • The following classes of employees are not entitled to overtime pay in Oklahoma(partial list)
    • Executive employees
    • Administrative employees
    • Professional employees
    • Commissioned outside sales employees

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

"Comp Time" in Oklahoma

An employer violates federal overtime laws by attempting to give employees "comp time" or "compensatory time" -- which means substituting extra time off for overtime pay. Comp time is allowed for public sector employees only, but not for workers that have private sector jobs. If an employer tries to circumvent overtime laws by paying employees comp time -- instead of overtime -- then those employees can likely sue for unpaid back wages.

Averaging Hours from Multiple Weeks

An employer also violates federal overtime laws by averaging hours worked by employees over multiple weeks in order to avoid paying overtime. If an employer engages in such behavior, employees can sue for unpaid back wages.

Oklahoma Overtime Exemptions

Several different types of employees are exempt from federal overtime laws and do not need to be paid overtime wages for extra time worked in a week. These types of employees include:

  • Executive employees
  • Administrative employees
  • Professional employees
  • Commissioned outside sales employees
  • Agricultural workers
  • Workers employed in a private home
  • Nonprofit organization volunteers
  • Government employees
  • Employees of carriers who travel in Interstate Commerce

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Even if Oklahoma follows federal overtime laws, various aspects of the FLSA may be complex, or could have different applications within the state. If you believe you are entitled to unpaid back wages or wish to learn more about Oklahoma overtime laws, you can talk with a local attorney for a complimentary case review at no obligation.

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