Oklahoma’s current minimum wage is $7.25.
Under the Oklahoma minimum wage act, Oklahoma has its minimum wage set to the federal minimum wage. Therefore, if the federal minimum wage increases, Oklahoma’s minimum wage will increase accordingly. However, the minimum wage act doesn’t apply to employers with fewer than 10 employees or make less than $100,000 per year.
For more information on Oklahoma labor laws regarding minimum wage, visit our Oklahoma Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages.
Related topic covered on other pages include:
Oklahoma labor laws do not have laws governing the payment of overtime. Federal overtime laws apply.
Federal laws under the Fair Labor Standards Act (FLSA) state that full-time employees are eligible for overtime if they work more than 40 hours in a workweek unless otherwise exempt. Standard overtime pay is 1.5 times the regular rate of pay. See FLSA: Overtime for more information regarding overtime requirements.
Under certain circumstances, employers in Oklahoma may be required to pay residents wage rates established by the federal or state prevailing wage rates and rules. The prevailing wage rates may be different from the state’s standard minimum wage rates. Employees may be eligible for prevailing wages if they work on federal or state government or government-funded construction projects or perform certain federal or state government services. See the Oklahoma Prevailing Wages, Davis-Bacon and Related Acts, McNamara-O’Hara Service Contract Act (SCA), and Walsh-Healey Public Contracts Act (PCA) for more information about prevailing wages.
Meals and Breaks
Oklahoma labor laws require employers to provide employees under the age of sixteen (16) a 30-minute rest period when scheduled to work more than five (5) consecutive hours. Moreover, employers must provide employees under sixteen (16) years of age a one (1) hour cumulative rest period for each eight (8) consecutive hours worked. OK Statute 40-3-75.
Oklahoma does not have any laws requiring an employer to provide a meal period or breaks to employees sixteen (16) years of age or older, thus the federal rule applies. OK Dept. of Labor Wage Law FAQ 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 twenty (20) minutes, must be paid. Meal or lunch periods (usually thirty (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.
Nursing Mother Breaks
Oklahoma labor laws permit, but do not require, employers to allow employees who are nursing mothers to take unpaid break time to express breast milk. Employees may be allowed to take nursing mother breaks concurrently with other paid or unpaid breaks offered by the employer. OK Statute 40-10-435
The federal Fair Labor Standards Act requires certain employees to provide nonexempt nursing mothers for one (1) year following a child’s birth with reasonable rest breaks to express milk and private spaces, other than a bathroom, to express breast milk.
Under Oklahoma labor laws, employers do not have to provide unpaid or paid vacation benefits to their workers. However, if the employer provides these benefits to employees, they must adhere to all terms in the employment contract or vacation leave policy.
Employers in Oklahoma may use a contract that denies employees financial compensation for accumulated vacation time at the end of the contract or employment. Employers may also set specific requirements for payment of accrued vacation time.
An employer can lawfully cap vacation leave accrued over a specific time and implement a use-it or lose-it policy. However, an employer must compensate workers for accumulated vacation time at the end of the contract or employment if the contract or policy states it.
Information about Oklahoma vacation leave laws may now be found on our Oklahoma Leave Laws page.
Oklahoma labor laws do not require a business to give their employees unpaid or paid sick leave hours or benefits. However, an Oklahoma employer may have to provide employees with sick leave benefits or unpaid leave under the federal Family and Medical Leave Act (FMLA) and other federal laws. In addition, an employer is required to provide sick leave benefits to employees if the employment contract or a sick leave policy states it.
Information about Oklahoma sick leave laws may now be found on our Oklahoma Leave Laws page.
Oklahoma does not oblige private employers to give their workers unpaid or paid holiday leave. Moreover, private employers can require employees to work on holidays and do not have to provide additional pay for working holiday hours unless such hours coincide with overtime hours according to federal overtime laws.
However, if an employer provides unpaid or paid holiday leave, they must apply all terms set out in the employment contract or established holiday policy. State holidays in Oklahoma are officially observed.
Information about Oklahoma holiday leave laws may now be found on our Oklahoma Leave Laws page.
Jury Duty Leave
An employer in Oklahoma must allow employees to answer jury summons as required by law. Moreover, an employer may not harass, coerce, or discharge an employee for serving their legally obligated jury summons.
An employer may also not require an employee to use sick leave, vacation time, or annual leave for jury duty. In addition, an employer is not required to pay the employee for responding to a jury summons or serving on a jury.
Information about Oklahoma jury duty leave laws may now be found on our Oklahoma Leave Laws page.
Under Oklahoma labor laws, an employer must provide two hours off so their employees can vote if the worker does not have three hours before the start of the shift or after the shift ends during open-poll hours.
A worker can provide proof of voting, in which case the voting leave must be paid. For a worker to be granted time off to vote, the employer must be informed by the employee the day before voting.
An employer can determine when a worker may take voting leave and has the right to change schedules so that workers have three hours to vote. If the employer does not provide adequate voting leave to employees, they may incur fines between $50 and $100.
Information about Oklahoma voting leave laws may now be found on our Oklahoma Leave Laws page.
Oklahoma labor laws do 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.
Under certain circumstances, Oklahoma residents may be eligible for unemployment benefits while they search for another job. You are required to certify that you are unemployed on a weekly basis to receive these benefits.
Workers in Oklahoma may be eligible for unemployment benefits if they have earned at least $1,500 during the entire base period. In addition, they must have made at least 1.5 times their earnings in the highest-paid quarter in that base period.
Moreover, they will qualify for unemployment benefits if they are out of work through no fault of their own. Workers laid off, losing their jobs due to reduced force, or downsizing are eligible. They must be able and willing to work and actively seek new employment.
There are several other Oklahoma labor laws governing the employers and their workplaces. Below are those topics and resources:
- Oklahoma Child Labor Laws covers topics including work during school hours and summer hours (usually from June until Labor Day), school days and non-school days, hour restrictions, and hazardous occupations.
- Oklahoma discrimination and civil rights laws are enforced by the Oklahoma Attorney General’s Civil Rights Enforcement Unit. Employees are also protected by federal discrimination laws enforced by the Equal Employment Opportunity Commissioner (EEOC). The state and federal discrimination laws offer employees protections and violations based on the following:
|Disability (a mental or physical impairment)
|Sex, including sexual harassment
|Race (includes hair texture)
|Pregnancy, childbirth, and related conditions
- Oklahoma wage payment laws including covering frequency and manner of wage payments, regular paydays, pay period, deductions, direct deposit and payroll cards, pay statements, record keeping, final paychecks, and notice requirements.
- Oklahoma minimum wage and overtime exemptions covering non-exempt employees and exempt employees.
- Oklahoma law regarding hours worked including rest breaks, meal breaks, on-call, waiting, travel, sleeping, and meeting times.
- The Oklahoma Department of Labor Safety and Health division enforces the state laws and regulations regarding workplace safety and health. Occupational Safety and Health Act (OSHA) that covers federal workplace safety and health requirements.
- Active employees, including those in the national guard, and veterans may also be eligible for military leave under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA).
- The Oklahoma Workers’ Compensation Commission manages the state’s worker compensation insurance claims and enforcement. Employees who are injured on the job may be entitled to workers’ compensation benefits that minimizes the financial impact on the employees’ wages.