Oklahoma Minimum Wage Laws – 2022


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 minimum wage will change to that same rate as well. OK Statute 40-197.2

This is different from other states that follow a living wage estimate. Simply put, a living wage is a higher minimum wage rate adjusted to the cost of living in your current location.

In such cases, employers need to pay the higher rate between the living wage and the federal minimum wage.

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.


Overtime

Oklahoma labor laws do not have laws governing the payment of overtime. Federal overtime laws apply. OK Dept. of Labor Wage Law FAQ. See FLSA: Overtime for more information regarding overtime requirements.


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Tip minimum wage

Oklahoma’s current minimum wage for tipped employees is $3.63. Oklahoma sets its tipped minimum wage to be 50% of its standard minimum wage.

If employers choose to pay employees the tipped minimum wage, they must ensure they get 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 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

Please note that this would only apply to industries and occupations that traditionally receive tips, such as in the service business and certain recreation businesses.


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 regulations 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.


Oklahoma Minimum Wage Laws 2022 FAQs

Is there an upcoming increase in minimum wage rates in Oklahoma in 2022?

According to recent reports, there are plans to increase the federal minimum wage from an hourly rate of $7.25 to $10.50. This change will be made possible through Senate Bill 102, authored by Sen. George Young.

Since Oklahoma follows the federal rate, then the state’s minimum wage rates will indeed adjust once Senate Bill 102 is passed.

That said, these efforts have yet to see any movement forward, and thus, we can’t expect any minimum wage increase anytime soon.

Do small businesses have to pay minimum wage in Oklahoma?

This will depend if your business meets the minimum wage requirement of having at least 10 employees and you make at least $100,000 of business yearly.

Another factor to consider is the minimum wage categories your employees belong to. For instance, some employees who are not entitled to a minimum wage paycheck include commissioned sales employees, small farmworkers, and administrative officers.

Casual babysitters are exempt as well, but not full-time domestic workers.

How can you prepare for a minimum wage increase as an employer in Oklahoma?

Should Senate Bill 102 by Sen. George Young be passed, there are two main steps a business owner can do to comply with an increased hourly wage rate:

  • Find Ways to Lower Your Business Expenses: Look for expenses that you can cut from your budget but won’t affect the level of confidence you have in your business and financial operations.

Explore Possibilities To Increase Your Hourly Earnings: On the other hand, you might want to look for ways to increase your earnings. Pay close attention to recent price trends to prevent an unreasonable price hike.


Other State’s Minimum Wage Information

AlabamaHawaiiMassachusettsNew MexicoSouth Dakota
AlaskaIdahoMichiganNew YorkTennessee
ArizonaIllinoisMinnesotaNorth CarolinaTexas
ArkansasIndianaMississippiNorth DakotaUtah
CaliforniaIowaMissouriOhioVermont
ColoradoKansasMontanaOklahomaVirginia
ConnecticutKentuckyNebraskaOregonWashington
DelawareLouisianaNevadaPennsylvaniaWest Virginia
District of ColumbiaMaineNew HampshireRhode IslandWisconsin
FloridaMarylandNew JerseySouth CarolinaWyoming
Georgia

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