Oklahoma – Wage Payment Laws

Frequency of Wage Payments

An employer must pay employees all wages due at least two (2) times per calendar month on regular paydays designated in advance by the employer. State, county and municipal employees, exempt employees, and employees of qualifying non-private foundations must at least one (1) time per calendar month. An employee must pay all wages due within eleven (11) days of the end of the pay period in which the wages were earned. OK Statute 40-5-165.2

Manner of Wage Payments

An employer may pay wages by:

  • cash,
  • check,
  • payroll debit card, or
  • direct deposit.

Oklahoma Stat. 40-5-165.2; OK Dept. of Labor Wage Law FAQ

Direct Deposit

An employer may pay wages by direct deposit. An employer may require payment by direct deposit, but cannot dictate the financial institution an employee uses to receive the direct deposit. OK Dept. of Labor Wage Law FAQ

Payroll Card

An employer may pay wages by payroll card. An employer may not require payment by payroll card. The employee must consent to payment by payroll card. OK Dept. of Labor Wage Law FAQ

Payment upon Separation from Employment

An employer must pay an employee who has been separated from employment, whether by termination, discharge, quitting, resignation, lay off, or labor dispute, all wages due by the next regular designated payday established for the pay period in which the work was performed. The employer can pay the wages either through the regular pay channels or by certified mail if requested by the employee, unless provided otherwise by a collective bargaining agreement that covers the employee. OK Statute 40-5-165.3

Wages in Dispute

In order to successfully allege a bona fide disagreement over the amount of wages owed an employee, the employer must:

  • timely pay such amount as the employer concedes to be due, without condition; and
  • Provide to the employee, within fifteen (15) days of either receipt of a wage claim form from the Department of Labor or certified mail receipt of written demand from an employee, written explanation of the relevant facts and/or evidence which supports the belief of the employer that the wages in dispute are not owed.

Acceptance by the employee of any payment does not constitute a release as to the balance of the wage claim.

OK Statute 40-5-165.4

Deductions from Wages

An employer may not withhold or deduct any portion of an employee”™s wages unless:

  • permitted by state or federal law, or
  • if the employee has agreed to the deduction in writing, signed by both the employee and the employer and limited to the following categories of deductions:
    • repay a loan or advance or to recover a payroll overpayment,
    • for the cost of merchandise purchased by the employee,
    • uniforms,
    • insurance premiums,
    • retirement or other investment plans,
    • for breakage or loss of merchandise, inventory shortage, or cash shortage so long as the employee was the sole party responsible for the cash shortage or item damaged or lost.

OK Admin. Reg 380-30-1-7

Uniforms, Tools, and Other Equipment Necessary for Employment

An employer may require an employee to pay for a required uniform. OK Statute 40-5-197.17; OK Admin. Reg 380-30-1-7

Pre-hire Medical, Physical, or Drug Tests

Oklahoma does not have any laws prohibiting an employer from requiring an applicant or employee to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a condition of employment.

Notice of Wage Reduction

Oklahoma does not have any laws addressing when or how an employer may reduce an employees wages or whether an employer must provide employees notice prior to instituting a wage reduction.

Statement of Wages (Pay Stub)

An employer must include with each payment of wages a brief itemized statement of any and all deductions therefrom. OK Statute 40-5-165.2

Record Keeping Requirements

An employer must make, keep, and preserve records of:

  • the persons employed by him
  • the wages, hours, and other conditions and practices of employment maintained by him.

The employer must such records for the entire length of employment for all persons currently employed and no less than five (5) years from the end of employment for all former employees.

OK Admin. Reg 380-30-3-3

Notice Requirements

Oklahoma does not have any laws requiring employers to provide employees, whether at hire or at any other time, of notice of wage rates, dates of pay, employment policies, fringe benefits, or other terms and conditions of employment.

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