Oklahoma Wage and Hour Laws

In Oklahoma, workers are protected by both, federal and state laws regarding wage and hour requirements. The primary federal law which governs wages and hours is the Fair Labor Standards Act. Oklahoma labor laws address payment of the basic minimum wage and pay day requirements. The following is a quick summary of Oklahoma wage and hour laws.

Minimum Wage and Overtime in Oklahoma

The current minimum wage in Oklahoma for non-exempt employees is $7.25 per hour. Examples of exempt employees include farm workers, public employees, and volunteers. Tipped employees or other employees who receive tips, gratuity, meals, or lodging, such as waiters or cooks, also differ in that the employer can claim a credit for the value of those items so long as the credit is not more than 50% of the hourly wage and the value brings the employee's pay up to the state minimum.

There is no overtime provision under the Oklahoma Minimum Wage Act. However, under federal law, employers are required to pay non-exempt employees 1.5 times the usual hourly rate for any work in excess of 40 hours per week.

Pay Day Requirements in Oklahoma

In Oklahoma, non-exempt employees must be paid at least twice monthly. Public employees msut be paid at least once monthly.

Oklahoma Wage and Hour Laws

The following table outlines wage and hour laws in Oklahoma.

Code Sections

OKLA. STAT. § 40-160, et seq. Labor: Protection of Labor

Fair Labor Standards Act

Minimum Wage

$7.25 per hour

For employees receiving tips, gratuity, meals, or lodging, a credit against the minimum wage not exceeding 50% may taken by the employer so long as the value of those items brings the pay up to the state minimum.

Credit may also be given for the reasonable cost of uniforms.

Overtime Pay

Under federal law, employers are required to pay non-exempt employees 1.5 times the employee’s regular hourly rate for any hours worked over 40 during any single workweek.

Pay Day Requirements Non-exempt employees are to be paid at least twice monthly. Public employees are to be paid at least once monthly.
Persons Not Covered by State Minimum Wage Laws Farm workers or feed store workers, domestic workers, government employees, volunteer employees, newspaper vendors or carriers, carriers under Part I of Interstate Commerce Act, salespersons, persons working in an executive, administrative, or professional capacity, part-time workers (employed less than 25 hours per week), persons under 18 who have not graduated high school or a vocational training program, persons under 22 who are in high school, college, or a vocational training program, and reserve force deputy sheriffs.
Penalties

Failure to pay an employee less than the appropriate wage is a misdemeanor punishable by up to 6 months in prison and up to $5,000 in fines.

A 10% penalty will be applied if additional wages are found to be due.

If an employer is found to have paid an hourly wage less than what they were entitled to under the Oklahoma Minimum Wage Act, the employer will be liable for double the full amount of the wages (less that already paid), court costs, and reasonable attorney fees as allowed by the court (but not less than $100).

Enforcement

An employee may file a Wage Claim Form with the Oklahoma Department of Labor regarding unpaid or underpaid wages.

An action may be brought against an employer by the employee or commissioner under the Attorney General.

Oklahoma Wage and Hour Laws: Related Resources

State labor laws can be confusing and what you are entitled to may depend upon your employment contract. If you would like legal assistance with an employment matter, you can contact an Oklahoma employment attorney. You can also visit FindLaw’s sections on Wages & Benefits: Overview, Fair Wages FAQ, and the federal Fair Labor Standards Act (FLSA) for more articles and information on this topic.

Next Steps: Search for a Local Attorney

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