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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Oklahoma employers must provide employees under the age of 16 a 30-minute rest period
when scheduled to work more than 5 consecutive hours. Moreover, employers must
provide employees under 16 years of age a 1 hour cumulative rest period for each 8
consecutive hours worked. Okla. Stat. Title 40, Section 75.
Oklahoma does not have any laws requiring an employer to provide a meal period or
breaks to employees 16 years of age or older, thus the federal rule applies. OK Dept. of
Labor FAQs. The federal rule does not require an employer to provide either a meal (lunch)
period or breaks. However, if an employer chooses to do so, breaks, usually of the type
lasting less than 20 minutes, must be paid. Meal or lunch periods (usually 30 minutes or
more) do not need to be paid, so long as the employee is free to do as they wish during the
meal or lunch period. DOL: Breaks and Meal Periods.
Oklahoma employers must provide employees under the age of 16 a 30-minute rest period
when scheduled to work more than 5 consecutive hours. Moreover, employers must
provide employees under 16 years of age a 1 hour cumulative rest period for each 8
consecutive hours worked. Okla. Stat. Title 40, Section 75.
Oklahoma does not have any laws requiring an employer to provide a meal period or
breaks to employees 16 years of age or older, thus the federal rule applies. OK Dept. of
Labor FAQs. The federal rule does not require an employer to provide either a meal (lunch)
period or breaks. However, if an employer chooses to do so, breaks, usually of the type
lasting less than 20 minutes, must be paid. Meal or lunch periods (usually 30 minutes or
more) do not need to be paid, so long as the employee is free to do as they wish during the
meal or lunch period. DOL: Breaks and Meal Periods.
Vacation
In Oklahoma, employers are not required to provide employees with vacation benefits,
either paid or unpaid. If an employer chooses to provide such benefits, it must comply with
the terms of its established policy or employment contract. Okla. Stat. § 165.1(4); Okla.
Admin. Rules § 380:30-1-8.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. Okla. Admin. Rules
§ 380:30-1-5.
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. Okla. Admin. Rules § 380:30-1-5.
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. Okla. Admin. Rules § 380:30-1-5.
An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter. Okla. Admin. Rules § 380:30-1-5.
An employer may lawfully cap the vacation leave an employee can accrued over time, so
long as the employer has properly notified its employees of the vacation policy. Okla.
Admin. Rules § 380:30-1-5.
An employer may lawfully implement a “use-it-or-lose-it” policy requiring employees to use
their leave by a set date or lose it, so long as the employer has properly notified its
employees of the vacation policy. Okla. Admin. Rules § 380:30-1-5.
In Oklahoma, employers are not required to provide employees with vacation benefits,
either paid or unpaid. If an employer chooses to provide such benefits, it must comply with
the terms of its established policy or employment contract. Okla. Stat. § 165.1(4); Okla.
Admin. Rules § 380:30-1-8.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. Okla. Admin. Rules
§ 380:30-1-5.
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. Okla. Admin. Rules § 380:30-1-5.
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. Okla. Admin. Rules § 380:30-1-5.
An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter. Okla. Admin. Rules § 380:30-1-5.
An employer may lawfully cap the vacation leave an employee can accrued over time, so
long as the employer has properly notified its employees of the vacation policy. Okla.
Admin. Rules § 380:30-1-5.
An employer may lawfully implement a “use-it-or-lose-it” policy requiring employees to use
their leave by a set date or lose it, so long as the employer has properly notified its
employees of the vacation policy. Okla. Admin. Rules § 380:30-1-5.
Severance
Oklahoma law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Oklahoma law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays
Oklahoma law does not require employers to provide employees with either paid or unpaid
holiday leave. OK Dept. of Labor Wage Law Booklet. In Oklahoma, an employer can require
an employee to work holidays. An employer does not have to pay an employee premium
pay, such as 1 1/2 times the regular rate, for working on holidays, unless such time worked
qualifies the employee for overtime under standard overtime laws. If an employer chooses
to provide either paid or unpaid holiday leave, it must comply with the terms of its
established policy or employment contract.
Oklahoma law does not require employers to provide employees with either paid or unpaid
holiday leave. OK Dept. of Labor Wage Law Booklet. In Oklahoma, an employer can require
an employee to work holidays. An employer does not have to pay an employee premium
pay, such as 1 1/2 times the regular rate, for working on holidays, unless such time worked
qualifies the employee for overtime under standard overtime laws. If an employer chooses
to provide either paid or unpaid holiday leave, it must comply with the terms of its
established policy or employment contract.
Minimum Wage
Oklahoma's current minimum wage is $7.25. OK Dept. of Labor FAQs. Some exceptions
apply to Oklahoma's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Oklahoma's current minimum wage is $7.25. OK Dept. of Labor FAQs. Some exceptions
apply to Oklahoma's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime
Oklahoma does not have laws governing the payment of overtime. Federal overtime laws
apply. OK Dept. of Labor FAQs. See FLSA: Overtime for more information regarding
overtime requirements.
Oklahoma does not have laws governing the payment of overtime. Federal overtime laws
apply. OK Dept. of Labor FAQs. See FLSA: Overtime for more information regarding
overtime requirements.
Sick Leave
Oklahoma law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply
with the terms of its established policy or employment contract. OK Dept. of Labor Wage
Law Booklet.
An employer in Oklahoma may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
Oklahoma law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply
with the terms of its established policy or employment contract. OK Dept. of Labor Wage
Law Booklet.
An employer in Oklahoma may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
An employer may not discharge or otherwise subject to any adverse employment action an
employee who is summoned to serve as a juror and who notifies his or her employer of the
summons within a reasonable period of time after receiving the summons and prior to his
or her appearance for jury duty.
An employer may not require or request an employee to use annual, vacation, or sick leave
for time spent responding to a summons for jury duty, time spent participating in the jury
selection process, or time spent actually serving on a jury.
Oklahoma Stat. 38-34
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
An employer may not discharge or otherwise subject to any adverse employment action an
employee who is summoned to serve as a juror and who notifies his or her employer of the
summons within a reasonable period of time after receiving the summons and prior to his
or her appearance for jury duty.
An employer may not require or request an employee to use annual, vacation, or sick leave
for time spent responding to a summons for jury duty, time spent participating in the jury
selection process, or time spent actually serving on a jury.
Oklahoma Stat. 38-34
