Key Takeaways

  • Oklahoma’s minimum wage matches the federal rate of $7.25/hour, with lower wages allowed for tipped and training employees.
  • Non-exempt employees must receive overtime pay at 1.5x after 40 hours/week.
  • Exemptions exist for agricultural, government, part-time, and certain student employees.
  • State law requires breaks only for minors under 16, while federal law governs others.
  • Employers are not required to provide vacation or sick leave but must follow federal FMLA rules.
  • Employees are entitled to unpaid leave for jury duty, voting, and federally protected family and medical leave.
  • Oklahoma enforces child labor restrictions, anti-discrimination protections, and workplace safety standards under OSHA.
  • Employment in Oklahoma is generally “at-will,” but exceptions exist for discrimination, retaliation, or contractual obligations.

Oklahoma Labor Laws

Oklahoma labor laws provide that the minimum wage in the State of Oklahoma is $7.25 an hour. If employees receive tips as part of their compensation, employers can pay the employee a lower minimum wage so long as the employee makes up for the difference in tips. A typical position in which an employee receives tip is a waiter/waitress position in a restaurant.

Such laws allow subminimum payment for up to three months for some employees under the age of 20. Non-exempt employees must be paid at least twice a month, and public employees have to be paid at least once per month.

With regard to overtime payment, employers must pay non-exempt employees 1.5 times more than the hourly rate for those working more than 40 hours/week. However, not all employees are eligible for overtime pay, particularly exempt employees, i.e., those receiving a yearly salary.

Wage and Hour Rules in Oklahoma

Oklahoma labor laws require most employers to pay at least the federal minimum wage of $7.25 per hour. Employers may pay tipped employees as little as $2.13/hour, provided tips raise earnings to the minimum wage threshold. For youth under 20, a training wage of $4.25/hour may be paid for the first 90 days of employment.

Employees must generally be paid at least twice per month. Final paychecks must be issued by the next regular payday when employment ends. Oklahoma does not mandate meal or rest breaks for adult workers, so federal standards apply unless an employer voluntarily adopts a policy.

Exemptions to the Oklahoma Labor Laws

  • Farm employees
  • Feed store employees
  • Domestic works
  • Government employees
  • Volunteer employees
  • Newspaper vendors
  • Salespersons
  • Carriers under Part I of the Interstate Commerce Act
  • Part-time employees working less than 25 hours/week
  • Employees under the age of 18 who are high-school or vocational students
  • Employees under the age of 22 who are still currently in high school, college, or a vocational training program
  • Employees who are reserve force deputy sheriffs

Overtime and Exempt Employees

Non-exempt employees in Oklahoma must receive overtime pay at 1.5 times their regular rate for hours worked beyond 40 in a workweek. Exemptions include salaried executives, professionals, outside sales employees, and certain administrative workers. Employers should carefully evaluate employee classification since misclassification can result in penalties.

In addition, independent contractors are not covered by wage and hour protections under Oklahoma labor laws. Employers who misclassify employees as contractors may face wage claims and federal audits.

BreaksThroughout the Day

Oklahoma labor laws require employers to provide employees under 16 years of age with a 30 minute break period when working 5 or more continuous hours. For those over the age of 16, there is no state law requiring a meal period or break; however, it is at the employer’s discretion in deciding on meal breaks. Breaks lasting less than 20 minutes must be paid. If the break lasts 30 minutes or longer, the employer need not pay its employees for the time off so long as employees can do as they please during the time off.

Child Labor Restrictions

Oklahoma imposes specific restrictions on when and how minors may work:

  • Under 16 years old: May not work more than 8 hours/day or 40 hours/week during school breaks. On school days, they are limited to 3 hours/day and 18 hours/week.
  • 16 and 17 years old: Fewer restrictions apply, but they cannot work in hazardous occupations.
  • Work permits: Employers must obtain a school-issued work permit before hiring minors under 16.

Breaks are required for minors working shifts of 5 or more continuous hours—a 30-minute uninterrupted break must be provided.

Extended Time Off

The State of Oklahoma has several provisions on different types of leave, including vacation, sick time, holidays, jury duty, and bereavement.

Vacation Days

Oklahoma labor laws do not require employers to give employees vacation benefits, paid or unpaid. If such vacation days are provided to employees, this information must be stated in the company’s policy, including on the company’s internal employee website, employee handbook, and employees’ contracts. However, if an employee leaves the company, it is up to the employer to determine whether or not to pay the employee for unused vacation days. Employers in Oklahoma must also implement a “use it or lose it” policy in which employees must use their days off by a certain day or risk losing those days. Some employers provide that a certain number of vacation or sick days can be carried over to the following year, with certain limits to the number of days.

Sick Days

While Oklahoma employers can choose whether to provide sick leave benefits to their employees, they may be required to provide unpaid sick leave if the conditions fall under the federal Family and Medical Leave Act (FMLA). This federal law provides that employers with at least 50 employees provide up to 12 weeks of unpaid time off to employees who qualify. Such qualifications can include a serious medical condition of the employee or an immediate family member, a birth/adoption of a child, and other few qualifying circumstances. Such leave cannot affect the employee’s position with the company.

Jury Duty

Oklahoma labor laws require employers to allow employees time off for jury duty; however, paid time off is not required, and employees may be forced to use vacation or sick days for such time off.

Time Off To Vote

In the State of Oklahoma, employers are required to provide employees with two hours of time off to vote. This rule applies to employees who do not have three hours before or after a shift begins or ends in order to vote. Employees must show proof of having voted after doing so.

Bereavement

It is up to the employer to determine if any time off will be provided for bereavement leave. If so, the employer can choose how many days depending on the closeness of the deceased, i.e. immediate family member vs. friend.

Discrimination and Equal Employment Protections

Oklahoma labor laws incorporate federal anti-discrimination protections under Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). Employers with at least 15 employees are prohibited from discriminatory practices in hiring, promotion, pay, or termination.

In addition, the Oklahoma Anti-Discrimination Act provides protections at the state level. Employers are encouraged to establish clear workplace policies to prevent harassment and provide avenues for reporting discrimination. Employees who experience discrimination can file complaints with the Oklahoma Human Rights Commission or the Equal Employment Opportunity Commission (EEOC).

Workplace Safety Protections

Oklahoma employers must comply with federal Occupational Safety and Health Administration (OSHA) standards to provide safe and healthy workplaces. Employers are required to:

  • Provide necessary protective equipment.
  • Address hazards promptly.
  • Report workplace fatalities within 8 hours and hospitalizations within 24 hours.
  • Display OSHA posters informing employees of their rights.

Employees have the right to refuse dangerous work in certain conditions and to file safety complaints without retaliation.

Employment-at-Will and Termination Rules

Oklahoma follows the “at-will” employment doctrine, meaning employers or employees can terminate the employment relationship at any time without cause, provided it does not violate state or federal law. Exceptions include:

  • Discrimination: Employers cannot terminate based on race, color, religion, sex, national origin, disability, age, or genetic information.
  • Retaliation: Employees cannot be fired for filing workers’ compensation claims, whistleblowing, or reporting safety violations.
  • Contracts: Written employment contracts or collective bargaining agreements may override at-will employment.

Employers must provide final paychecks promptly, but severance pay is only required if agreed upon in company policy or contracts.

Frequently Asked Questions

1. What is the minimum wage under Oklahoma labor laws?

The minimum wage is $7.25/hour, matching the federal standard. Tipped employees can be paid less if tips bring earnings to $7.25/hour.

2. Do Oklahoma employers have to provide breaks?

Only employees under 16 are guaranteed a 30-minute meal break after 5 hours of work. For adults, breaks are at the employer’s discretion, though federal law requires short breaks under 20 minutes to be paid.

3. Are Oklahoma employers required to provide paid sick leave?

No, employers are not required to provide paid sick leave unless it is part of company policy. However, federal FMLA rules may grant up to 12 weeks of unpaid leave for qualifying employees.

4. Can an employer fire an employee without cause in Oklahoma?

Yes, because Oklahoma is an “at-will” state. However, employees cannot be terminated for discriminatory reasons, retaliation, or in violation of an employment contract.

5. What protections do minors have under Oklahoma labor laws?

Minors face restrictions on working hours, hazardous jobs, and must be given breaks after 5 hours. Employers hiring workers under 16 must obtain a school work permit.

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