Oklahoma Minimum Wage Laws




Minimum wage

Oklahoma’s current minimum wage is $7.25.

Oklahoma sets its minimum wage to be the same as the federal minimum wage. Thus, if the federal minimum wage changes, Oklahoma’s will change to that same rate as well. OK Statute 40-197.2

Oklahoma’s minimum wage act does not apply to employers who have fewer than 10 employees or less than $100,000 of business in a year. It also exempts employers and employees from it minimum wage requirements if they are subject to the Fair Labor Standards Act, so long as they pay employees the minimum wage. OK Statute 40-197.4 Additional exemptions are discussed below.




Tip minimum wage

Oklahoma’s current minimum wage for tipped employees is $3.63.

Oklahoma sets it tipped minimum wage to be 50 percent of its standard minimum wage. If employers choose to pay employees the tipped minimum wage, they must ensure the employees are also paid the standard minimum wage when tipped wages earned are combined with tips received. The difference between the standard minimum wage and the tipped minimum wage that is attributed to tips is referred to as a tip credit. OK Statute 40-197.16 Oklahoma may also look to the standards set forth by the federal Fair Labor Standards Act regarding tipped wages for guidance. OK Admin. Rules 380:30-1-8



Tip pooling and sharing

Oklahoma’s minimum wage law does not address tip or gratuity pooling or sharing. Oklahoma may also look to the standards set forth by the federal Fair Labor Standards Act regarding tip or gratuity pooling for guidance. OK Admin. Rules 380:30-1-8



Subminimum wage

Employees with disabilities

Oklahoma’s minimum wage act authorizes the Department of Labor to establish regulation that permit employers to pay employees with disabilities a wage rate that is less than the standard minimum wage. OK Statute 40-197.11(b) Oklahoma’s Department of Labor has not yet established the regulation necessary to enact this subminimum wage provision.



Trainees

Oklahoma minimum wage laws do not allow employers to pay trainees a wage rate less than the standard minimum wage. OK Admin. Rules 380:30-1-12(a)



Apprentices

Oklahoma minimum wage laws authorize the Department of Labor to establish regulations that permit employers to pay apprentices a subminimum wage rate that is less than the standard minimum wage. OK Statute 40-197.11(b) Oklahoma’s Department of Labor has not yet established the regulation necessary to enact this subminimum wage provision.



Learners

Oklahoma minimum wage laws authorize the Department of Labor to establish regulations that permit employers to pay apprentices a subminimum wage rate that is less than the standard minimum wage. OK Statute 40-197.11(b) Oklahoma’s Department of Labor has not yet established the regulation necessary to enact this subminimum wage provision.



Student learners

Oklahoma minimum wage laws authorize the Department of Labor to establish regulations that permit employers to pay learners a wage rate that is less than the standard minimum wage. OK Statute 40-197.11(b) Oklahoma’s Department of Labor has not yet established the regulation necessary to enact this subminimum wage provision.



Student workers

Oklahoma minimum wage laws do not allow employers to pay student workers a subminimum wage rate that is less than the standard minimum wage.