Wage and hour laws regulate conditions of employment and how employees are paid. These laws cover such topics as overtime pay, minimum wage requirements and an employee’s rights to breaks and time off from work. Violations of these laws by employers are taken seriously, so it is important for employers to arm themselves with the knowledge they need to remain compliant.
Minimum Wage in Oklahoma
The minimum wage in Oklahoma is $7.25 per hour, which is the same as the federal hourly minimum wage. Oklahoma law actually forbids any cities or counties from increasing the minimum wage above the federal minimum wage.
Minimum Wage of Tipped Workers: The minimum wage for tipped employees in Oklahoma is $3.63, or 50 percent of the standard minimum wage. This mean that if an employer pays an employee the tipped minimum wage, he or she must ensure that the employee’s tips when combined with the tipped minimum wage add up to meet the standard minimum wage. The difference between the standard minimum wage and the tipped minimum wage that the employee earns in tips is called a tip credit.
Does Minimum Wage Apply to Me: In Oklahoma, an employer only has to comply with the state minimum wage laws if the company has at least 10 full time employees, or the equivalent, and/or grosses more than $100,000 annually. Minimum wage exemptions also exist for farm workers, public employees and volunteers. For more information on who must be paid the minimum wage, employers should contact the Oklahoma Department of Labor.
When are Raises Required: Oklahoma employment law does not cover raises. In general, employers give raises to employees based on a number of factors, including length of employment and job performance.
Work Hours in Oklahoma
Neither the state nor the federal law sets any limit as to the number of hours employees can work. Employers have the right to set the number of hours an employee may work and can change those hours at any time without advance notice to the employee. The only exception is for employees who are 14 or 15 years of age.
Paying Overtime: The state of Oklahoma does not have its own law regarding the payment of overtime. However, if the employer is required to comply with the federal wage and hour laws, employees should be paid 1.5 times their regular rate for all hours worked that exceed 40 hours in one work week. Some types of employees such as salaried executives, professionals and other supervisory positions may be exempt from overtime regulations.
Guaranteed Breaks and Meals: Neither state law nor federal law requires Oklahoma employers to provide breaks for any employee who is over the age of 16. Meal breaks and rest breaks are considered benefits and are given at the employer’s discretion. Federal law does require employers to provide nursing mothers with break time to express milk for up to one year after giving birth.
Paid Time-off and Sick Pay: Paid time off and sick time are considered benefits and can be agreed upon between the employer and the employee. Employers in Oklahoma are not required by law to offer paid time off or paid sick leave. However, if an employer does agree to provide such paid time off to an employee, the employer is then bound to do so.
Notice Period for Employee Termination: The only laws that protect a worker’s employment are the state’s discrimination laws. Therefore, employers are allowed to terminate an employee at any time, for any reason, as long as the employee is not being discriminated against.
Plant Closings & Layoffs: While Oklahoma does not have its own law regarding plant closings and layoffs, employees are covered under federal law. 60 days’ notice must be given to workers if the employer has at least 100 full-time employees and has at least 100 employees whose combined work hours total at least 4,000 hours per week.
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.